Lucro Real for importers: when to compare it with Lucro Presumido
Understand the technical criteria for choosing between Lucro Real (Actual Profit) and Lucro Presumido (Presumed Profit) for importers, analyzing operating margins, cost treatment, and the CBS premises for 2026.
The decision between Lucro Real (Actual Profit) and Lucro Presumido (Presumed Profit) for importing companies in 2026 requires a technical analysis based on the operating profit margin and the structure of verifiable costs. Contrary to common belief, the activity of importing does not, by itself, impose the mandatory adoption of Lucro Real. Brazilian legislation, specifically Law 9,718/98, links this requirement to factors such as annual revenue exceeding R$ 78 million or the nature of the activity, as occurs in the financial sector. For companies below this ceiling, the choice of regime must be preceded by tax planning that considers exchange rate volatility and the deductibility of expenses.
This article is for informational purposes only and does not replace individualized legal or accounting advice. Brazilian tax regulations are subject to frequent changes and administrative interpretations.
Regulatory scenario and rules in force in 2026
In 2026, the Brazilian tax environment is marked by the coexistence of systems. While IRPJ (Corporate Income Tax) and CSLL (Social Contribution on Net Profit) follow the guidelines consolidated in Laws 9,718/98 and 9,249/95, the tax reform transition (LC 214) gradually introduces the CBS (Contribution on Goods and Services) and the IBS (Tax on Goods and Services). For the importer, it is imperative to separate the analysis of taxes on income (IRPJ/CSLL) from the analysis of taxes on consumption. The choice for Lucro Real in IRPJ does not automatically condition the calculation methodology of the CBS, whose credit rules have their own regulation under the principle of non-cumulativeness subject to legal conditions and exceptions.
How Lucro Real works in importing
In the Lucro Real (Actual Profit) regime, the calculation base for IRPJ and CSLL is the net profit for the period, adjusted by legal additions and exclusions. For an importer, this implies that costs such as international freight, insurance, and port fees can be deducted, provided they are operating expenses, necessary, and duly proven by appropriate documentation.
A central feature of this regime is the treatment of losses. If the company determines a tax loss in a given period — which may occur in scenarios of strong currency devaluation or a sudden increase in logistical costs — there will be no calculation base for IRPJ and CSLL. However, the legislation provides limitations for the compensation of these losses in subsequent periods, and such compensations must observe the limits in force on the date of calculation. To deepen your knowledge of calculation bases, consult Simples Nacional, Lucro Presumido or Lucro Real: how to compare regimes.
Lucro Presumido: criteria and limitations
Lucro Presumido (Presumed Profit) simplifies calculation by applying fixed percentages to gross revenue to define the calculation base for income taxes. For commercial activity, the presumption is 8% for IRPJ and 12% for CSLL. This modality can be attractive if the importer's actual profit margin is consistently higher than these rates.
However, the risk lies in the rigidity of the calculation base. If the Cost of Nationalized Goods (CMV - Custo da Mercadoria Nacionalizada) increases significantly and reduces the actual margin to levels lower than the legal presumption, the company will continue to be taxed on the pre-fixed margin, which may result in an effective tax burden higher than its financial result. Furthermore, PIS and COFINS rules in the cumulative regime, often associated with Presumido, do not allow for the use of credits on acquisitions, burdening the entry cost in certain logistical flows. More details can be found in the Supplementary Guide.
Practical differences in calculation and inventory management
The main technical distinction between the regimes lies in the way expenses are processed. In Lucro Real, an expense does not generate an automatic credit; it must be necessary for the maintenance of the productive source and linked to the core activity. Inventory control must be rigorous (FIFO/PEPS or Weighted Average), as inventory errors distort net profit and, consequently, the tax due.
In the context of the 2026 tax reform, the CBS (Contribution on Goods and Services) is collected at customs clearance. The recovery of this amount as a credit to offset debits on internal sales is governed by LC 214. It is essential to note that the efficiency in managing this credit depends on the company's digital compliance, regardless of whether the IRPJ calculation is by Real or Presumido. See the impacts in CBS and IBS in the tax reform: transition from 2026 to 2033.
Elements for decision making
The choice of regime should be based on concrete data from the operation, avoiding generalizations. Key points include:
- Stability of Margins: Importers with narrow margins or subject to large cost fluctuations usually find greater protection in Lucro Real.
- Fixed and Variable Cost Structure: The ability to prove operating expenses (rent, energy, freight) is what makes savings in Lucro Real viable.
- Accounting Compliance: Lucro Real imposes more rigorous ancillary requirements and a higher compliance cost, which must be weighed against tax savings.
- Company Size: Companies that meet the requirements of LC 123 should evaluate the feasibility of Simples Nacional, although the revenue limit and the impossibility of full transfer of CBS credits may be limiting factors for expansion.
Considerations on Tax Reform in 2026
In 2026, CBS and IBS are in the testing and adaptation phase, with collection waivers conditioned on applicable obligations and hypotheses. This phase should not be interpreted as full collection or automatically usable credit. Simples Nacional options for the regular IBS/CBS regime must respect their own calendar and the production of effects in 2027. The choice of Lucro Real or Presumido for IRPJ/CSLL must be evaluated separately from consumption credit rules.
Checklist
Frequently Asked Questions
Is every importer obliged to use Lucro Real?
No. The obligation depends on annual revenue (above R$ 78 million) or the nature of the activity (such as banks and brokerages), according to Law 9,718/98.
How does CBS impact Lucro Real in 2026?
CBS is a consumption tax that replaces PIS and COFINS. Unlike IRPJ, CBS is guided by non-cumulativeness and its crediting is not conditioned on the company's profit calculation method, but rather on compliance with the requirements of LC 214.
Can I deduct any cost in Lucro Real?
No. Only costs and expenses necessary to the activity, usual and normal in the type of operation, and duly proven, can be deducted for the purpose of determining taxable net profit.
What happens if the importer has a loss in Lucro Presumido?
In Lucro Presumido, the tax is calculated on revenue. If the company has an actual loss, it will continue to pay IRPJ and CSLL on the presumed base, with no possibility of compensating this loss in future years.
Next steps
To move forward with the decision, continue through the sequence of topics: