On November 18, 2025, the Regulation of the Donation Regime with Tax Benefits, contained in Title VIII bis of Decree Law No. 3,063 of 1979 on Municipal Revenues, was published in the Official Gazette. This regime was introduced by Law No. 21,440. Although the regime was already in operation, the issuance of this regulation was pending. We highlight the following key aspects:
a) Public Registry and website:
This regulation establishes its operation, registration requirements, methods of verification, and grounds for removal.
b) Obligations of registered entities:
Registered entities must comply with enhanced standards of use, control, and transparency.
c) Registration procedure:
The process for registering recipient entities through the electronic portal is regulated.
d) Voluntary withdrawal:
The regulation addresses voluntary withdrawal from the registry, distinguishing between entities that have received donations under this regime and those that have not.
e) Removal from the registry.
This regulation establishes a procedure for removing recipient entities that fail to meet legal requirements, obligations, or prohibitions.
f) Oversight:
The Technical Secretariat in charge of the Public Registry has broad powers to monitor compliance through information requests, audits, on-site visits, and whistleblower reporting channel.
g) Procedure for exemption from the prohibition on receiving donations from directors and related individuals or entities.
The regulation sets forth the procedure for institutions that meet legal requirements to obtain an exemption from this prohibition.
h) Compliance by already registered entities.
Entities registered as of the publication date of this regulation that do not meet one or more obligations, conditions, or requirements necessary to remain in the Public Registry of Recipient Entities will have until March 31, 2026, to achieve compliance.