Lei nº 6.099, de 12 de setembro de 1974 — Dispõe sobre o tratamento tributário das operações de arrendamento mercantil e dá outras providências (Law No. 6,099 of 12 September 1974 — tax treatment of financial leasing (arrendamento mercantil) operations)

English translation of the Portuguese text from planalto.gov.br (the Portuguese text is the official one). Retrieved 2026-10-26.

Presidency of the Republic

Civil House

Deputy Office for Legal Affairs

LAW No. 6.099, OF 12 SEPTEMBER 1974.

Provides for the tax treatment of leasing operations and makes other provisions.

THE PRESIDENT OF THE REPUBLIC, I make known that the NATIONAL CONGRESS decrees and I enact the following Law:

Art. 1 The tax treatment of leasing operations shall be governed by the provisions of this Law.

Sole paragraph. Leasing is considered to be the operation carried out between legal entities, whose object is the leasing of assets acquired from third parties by the lessor, for the lessee's own use and which meet the latter's specifications.

Sole paragraph - For the purposes of this Law, leasing is considered to be the legal transaction carried out between a legal entity, in the capacity of lessor, and a natural or legal person, in the capacity of lessee, and whose object is the leasing of assets acquired by the lessor, according to the lessee's specifications and for the latter's own use. (Text as amended by Law No. 7.132, of 1983)

Art. 1-A.

Regardless of the nomenclature assigned to them, leasing operations whose sum of the consideration payments amounts to more than seventy-five percent of the cost of the asset are considered credit operations. (Included by Provisional Measure No. 449, of 2008)

(Effectiveness)

Sole paragraph. The percentage in the caput includes the guaranteed residual value that has been anticipated. (Included by Provisional Measure No. 449, of 2008)

(Effectiveness)

Sole paragraph - For the purposes of this Law, leasing is considered to be the legal transaction carried out between a legal entity, in the capacity of lessor, and a natural or legal person, in the capacity of lessee, and whose object is the leasing of assets acquired by the lessor, according to the lessee's specifications and for the latter's own use. (Text as amended by Law No. 7.132, of 1983)

Art. 2 The leasing of assets contracted between legal entities that are directly or indirectly affiliated or interdependent, as well as that contracted with the manufacturer itself, shall not have the treatment provided for in this Law.

§ 1 The National Monetary Council shall specify in regulation the cases of affiliation and interdependence.

§ 2 Only operations carried out by leasing companies that make such operation the main object of their activity or that centralize such operations in a specialized department with its own bookkeeping shall be entitled to the treatment provided for in this Law.

Art. 3 Assets intended for leasing shall be recorded in a special account of the lessor's fixed assets.

Art. 4 The lessor legal entity shall maintain an individualized record that allows verification of the determining factor of the revenue and the effective leasing period.

Art. 5 Leasing contracts shall contain the following provisions:

a) term of the contract;

b) amount of each consideration payment for determined periods, not exceeding one semester;

c) option to purchase or renew the contract, as the lessee's faculty;

d) price for the purchase option or criterion for setting it, when this clause is stipulated.

Sole paragraph - The National Monetary Council may, in the operations it comes to define, establish that the consideration payments be stipulated for periods longer than those provided for in item b of this article. (Paragraph included by Law No. 7.132, of 1983)

Art. 6 The National Monetary Council may establish maximum indices for the sum of the consideration payments, plus the price for exercising the purchase option in leasing operations.

§ 1 The extensions of the leasing referred to in this article are subject to the rule of this article.

§ 2 The indices referred to in this article shall be set: considering the cost of leasing in relation to that of the operation of purchase and sale.

Art. 7 All leasing operations are subject to the control and supervision of the Central Bank of Brazil, according to rules established by the National Monetary Council, and the provisions of Law number 4.595, of 31 December 1964, and subsequent legislation relating to the National Financial System shall apply to them, where applicable.

Art. 8 The National Monetary Council may issue a resolution disciplining the conditions under which financial institutions may finance their affiliates or interdependent entities that specialize in leasing operations.

Art. 8 The National Monetary Council may issue a resolution disciplining the conditions under which financial institutions may finance their subsidiaries, affiliates or interdependent entities that specialize in leasing operations. (Text as amended by Provisional Measure No. 442, of 2008).

Sole paragraph. The acquisition of debentures issued by leasing companies, in the primary or secondary market, constitutes an obligation of an exchange nature, not characterizing a loan or advance operation. (Included by Provisional Measure No. 442, of 2008).

Art. 8 The National Monetary Council may issue a resolution disciplining the conditions under which financial institutions may finance their subsidiaries, affiliates or interdependent entities that specialize in leasing operations. (Text as amended by Law No. 11.882, of 2008)

Sole paragraph. The acquisition of debentures issued by leasing companies in the primary or secondary market constitutes an obligation of an exchange nature, not characterizing a loan or advance operation. (Text as amended by Law No. 11.882, of 2008)

Art. 9 Leasing operations contracted with the seller of the asset itself or with legal entities linked to it, through any of the relationships provided for in article 2 of this Law, may fall under the tax treatment provided for in this Law.

§ 1 The operations referred to in this article shall be exclusive to financial institutions.

§ 2 The National Monetary Council shall establish the conditions for carrying out the operations provided for in this article.

§ 3 In the cases of this article, the deduction of the loss arising from the sale of the goods shall not be allowed when calculating the taxable profit for income tax.

Art. 9 - Leasing operations contracted with the seller of the goods itself or with legal entities linked to it, through any of the relationships provided for in art. 2 of this Law, may also be carried out by financial institutions expressly authorized by the National Monetary Council, which shall establish the conditions for carrying out the operations provided for in this article.

(Text given by Law No. 7,132, of 1983)

Sole paragraph - In the cases of this article, the loss arising from the sale of the goods shall not be deductible in determining the real profit. (Included by Law No. 7,132, of 1983)

Art. 10. Only goods of foreign production that are listed by the National Monetary Council may be subject to leasing, which may also establish conditions for their leasing to companies whose share control belongs to persons resident abroad.

Art. 11. The consideration paid or credited under the leasing contract shall be considered as cost or operational expense of the lessee legal entity.

§ 1 The acquisition by the lessee of goods leased in disagreement with the provisions of this Law shall be considered an installment purchase and sale operation.

§ 2 The purchase and sale price, in the case of the previous paragraph, shall be the total of the consideration paid during the term of the lease, plus the portion paid as acquisition price.

§ 3 In the hypothesis provided for in the first paragraph of this article, the amounts already deducted as cost or operational expense by the acquirer shall be added to the taxable profit for income tax, in the fiscal year corresponding to the respective deduction.

§ 4 The tax not collected in the hypothesis of the previous paragraph shall be due with the addition of interest and monetary correction, fine and other legal penalties.

Art. 12. The depreciation quotas of the acquisition price of the leased goods, calculated in accordance with the useful life of the goods, shall be admitted as costs of the lessor legal entities.

§ 1 The useful life of the goods is understood as the period during which their effective economic use can be expected.

§ 2 The Federal Revenue Secretariat shall periodically publish the admissible useful life period, under normal conditions, for each type of goods.

§ 3 Until the useful life periods referred to in the previous paragraph are published, their determination shall be made according to the rules provided for by the income tax legislation for setting the depreciation rate.

Art. 13. In cases of sale operations of goods that have been subject to leasing, the non-depreciated balance shall be admitted as cost for the purpose of calculating the taxable profit for income tax.

Art. 14. The difference to the lesser between the residual book value of the leased goods and its sale price shall not be deductible, for the purposes of calculating the taxable profit for income tax, when the purchase option is exercised.

Art. 15. Once the purchase option is exercised by the lessee, the goods shall be included in the acquirer's fixed assets at its acquisition cost.

(See Provisional Measure No. 627, of 2013)

(Effectiveness)

(Repealed by Law No. 12,973, of 2014)

(Effectiveness)

Sole paragraph. For the purposes of this article, the acquisition cost is understood as the price paid by the lessee to the lessor for exercising the purchase option.

(Repealed by Law No. 12,973, of 2014)

(Effectiveness)

Art. 16. Leasing contracts entered into with entities headquartered abroad shall be submitted to registration with the Central Bank of Brazil.

§ 1 The National Monetary Council shall establish the rules for granting the registration referred to in this article, observing the following conditions:

a) reasonableness of the consideration;

b) criterion for setting the useful life of the goods subject to the lease;

c) compatibility of the lease term of the goods with their useful life;

d) relationship between the international marketing price and the total cost of the lease;

e) setting of the price for the purchase option;

f) other precautions dictated by the national economic-financial policy.

§ 2 The setting of conditional criteria in determining the price for the purchase option is prohibited when the lessor is an entity headquartered abroad.

Art. 16 - Leasing contracts entered into with entities domiciled abroad shall be submitted to registration with the Central Bank of Brazil.

(Text given by Law No. 7,132, of 1983)

(Repealed by Law No. 14,286, of 2021)

(Effectiveness)

1 - The National Monetary Council shall establish the rules for granting the registration referred to in this article, observing the following conditions:

(Text given by Law No. 7,132, of 1983)

(Repealed by Law No. 14,286, of 2021)

(Effectiveness)

a) reasonableness of the consideration and its composition;

(Text given by Law No. 7,132, of 1983)

(Repealed by Law No. 14,286, of 2021)

(Effectiveness)

b) criteria for setting the useful life period of the goods;

(Text given by Law No. 7,132, of 1983)

(Repealed by Law No. 14,286, of 2021)

(Effectiveness)

c) compatibility of the lease term of the goods with their useful life;

(Text given by Law No. 7,132, of 1983)

(Repealed by Law No. 14,286, of 2021)

(Effectiveness)

d) relationship between the international price of the goods and the total cost of the lease;

(Text given by Law No. 7,132, of 1983)

(Repealed by Law No. 14,286, of 2021)

(Effectiveness)

e) purchase option or contract renewal clause;

(Amended by Law No. 7,132, of 1983)

(Repealed by Law No. 14,286, of 2021)

(Effective)

f) other safeguards dictated by the national economic and financial policy.

(Amended by Law No. 7,132, of 1983)

(Repealed by Law No. 14,286, of 2021)

(Effective)

2 - Upon prior authorization from the Central Bank of Brazil, according to rules issued for this purpose by the National Monetary Council, the goods subject to the transactions dealt with in this article may be leased to leasing companies domiciled in the Country, for the purpose of subleasing.

(Amended by Law No. 7,132, of 1983)

(Repealed by Law No. 14,286, of 2021)

(Effective)

3 - The rules applicable to leasing contracts entered into with entities domiciled abroad shall extend to subleasing.

(Included by Law No. 7,132, of 1983)

(Repealed by Law No. 14,286, of 2021)

(Effective)

4 - In subleasing there may be a link of affiliation or interdependence between the entity domiciled abroad and the sublessor leasing company domiciled in the Country.

(Included by Law No. 7,132, of 1983)

(Repealed by Law No. 14,286, of 2021)

(Effective)

5 - Under the conditions it establishes, the National Monetary Council may authorize the registration of contracts without a purchase option clause as well as set minimum terms for the transactions provided for in this article. (Included by Law No. 7,132, of 1983)

(Repealed by Law No. 14,286, of 2021)

(Effective)

Art 17. The entry into the national territory of the goods subject to leasing, contracted with leasing entities headquartered abroad, is not to be confused with the temporary admission regime dealt with in Decree-Law number 37, of 18 November 1966, and shall be subject to all legal rules governing importation.

Art. 17 - The entry into the national territory of the goods subject to leasing, contracted with leasing entities domiciled abroad, is not to be confused with the temporary admission regime dealt with in Decree-Law No. 37, of 18 November 1966, and shall be subject to all legal rules governing importation. (Amended by Law No. 7,132, of 1983)

Art 18. The calculation basis, for the purpose of the Tax on Industrialized Products, of the taxable event that occurs upon the shipment of imported goods to the establishment of the lessee company, corresponds to the wholesale price of that good in the marketplace where the lessor company is headquartered.

Art 18. The calculation basis, for the purpose of the tax on Industrialized Products, of the taxable event that occurs upon the shipment of imported goods to the establishment of the lessee company, shall correspond to the wholesale price of that good in the marketplace where the lessor company is domiciled. (Amended by Law No. 7,132, of 1983)

§ 1 The exit of goods imported with tax exemption shall be exempt from the incidence referred to in the caput of this article.

(Repealed by Law No. 9. 532, of 1997)

§ 2 In the cases in which the price of the goods imported for the purpose of leasing is equal to or higher than what would be paid by the lessee if it imported them directly, the calculation basis mentioned in the caput of this article shall be the value that serves as the basis for the collection of the Tax on Industrialized Products, upon the customs clearance of those goods.

Art 19. The purchase and sale of goods on the domestic market is equated to export, for the specific purpose of leasing by the buyer to a lessee domiciled abroad.

(See Decree-Law No. 2,397, of 1987)

(See Decree-Law No. 2,413, of 1988)

Art 20. The seller of the goods dealt with in the previous article is assured of all tax benefits granted by law to encourage export, subject to the conditions of quality of the person of the seller and others required for cases of direct or indirect export.

(See Decree-Law No. 2,397, of 1987) (See Decree-Law No. 2,413, of 1988)

§ 1 The tax benefits dealt with in this article shall be granted on the equivalent in national currency of an irrevocable guarantee of payment of the lease consideration contracted, limited to the calculation basis of the purchase and sale price.

§ 2 For the purposes of the previous paragraph, the equivalence in national currency shall be determined by the highest exchange rate on the day of use of the tax benefits.

§ 2 For the purposes of the provisions of § 1, the equivalence in national currency shall be determined by the highest exchange rate on the day of use of the tax benefits, when the payment of the lease consideration contracted is made in freely convertible foreign currency.

(Amended by Law No. 12,024, of 2009)

Art 21. The Minister of Finance may extend to lessees of machines, apparatus and equipment of national production, subject to leasing, the benefits dealt with in Decree-Law No. 1,136, of 7 December 1970.

Art 22. Legal entities that are operating with leasing of goods, and that comply with the provisions of this law within 180 (one hundred and eighty) days, counting from its effectiveness, shall have their operations governed by this legal instrument, provided that they duly adjust their contracts, by means of amendment instruments.

Art 23. The National Monetary Council is authorized to:

a) issue rules aimed at establishing regulatory mechanisms for the activities provided for in this Law, including excluding modalities of operations from the treatment provided for therein;

a) issue rules aimed at establishing regulatory mechanisms for the activities provided for in this Law, including excluding modalities of operations from the treatment provided for therein and limiting or prohibiting their practice by certain categories of natural or legal persons; (Amended by Law No. 7,132, of 1983)

b) restrictively list the goods that may not be subject to leasing, in view of the economic and financial policy of the Country.

Art. 24 - The assignment of the leasing agreement to an entity domiciled abroad shall be governed by the provisions of this Law and shall depend on prior authorization from the Central Bank of Brazil, in accordance with rules issued by the National Monetary Council.

(Included by Law No. 7.132, of 1983)

(Repealed by Law No. 14.286, of 2021)

(Effectiveness)

Sole paragraph - Subject to the provisions of this article, the credit rights relating to the payments due may be transferred, exclusively and independently of the assignment of the agreement.

(Included by Law No. 7.132, of 1983)

(Repealed by Law No. 14.286, of 2021)

(Effectiveness)

Art. 25. This Law shall enter into force on the date of its publication, and the provisions to the contrary are repealed. (Article renumbered by Law No. 7.132, of 1983)

Brasília, 12 September 1974; 153rd of Independence and 86th of the Republic.

ERNESTO GEISEL

Mário Henrique Simonsen João Paulo dos Reis Velloso

This text does not replace the one published in the DOU of 13.9.1974 and rectified on 20.9.1974

*