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Data Center Operators Receive Zero Tax Rate for 5 Years; Must Invest 2% in Research and Allocate 10% to Brazil

Author profile image Paulo Nogueira
Written by Paulo Nogueira Published on 16/09/2026 at 08:40 Updated on 16/09/2026 at 08:41
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Data Center Operators Receive Zero Tax Rate for 5 Years; Must Invest 2% in Research and Allocate 10% to Brazil

Cover image: Server structure in a data center; illustrative image. Credit: Marcello Casal Jr./Agência Brasil.

The law enacted this Tuesday creates a tax regime aimed at boosting the establishment of data centers and bringing part of the processing currently done abroad to the country.

The benefit covers PIS (Program of Social Integration), Cofins (Contribution for the Financing of Social Security), and IPI (Tax on Industrialized Products) on both domestically produced and imported equipment, as well as Import Tax when there is no equivalent produced in Brazil.

Zero Tax Rate Will Have a List Defined by Decree

The government will also publish a list of eligible information and communication technology equipment for the five-year benefit.

This means that while the sanction opens the regime, its practical application depends on the regulation that will identify products and procedures for participation.

Operators should not presume that any purchase will be tax-exempt. The classification of the equipment and compliance with the conditions will be decisive.

Research and Development Will Receive 2% of Acquisitions

Qualified companies will need to invest 2% of the value of purchased products in research, development, and innovation in the country.

This requirement ties the tax reduction to the formation of technological capacity, rather than limit the policy to machine and server imports.

The regulation will detail the proof of investment, accepted projects, and institutions eligible to receive research funds.

Rack with disks and cabling in a data center; illustrative image. Credit: FBI/Wikimedia Commons. Public domain.
Rack with disks and cabling in a data center; illustrative image. Credit: FBI/Wikimedia Commons. Public domain.

Ten Percent of Capacity Must Serve Brazil

Another requirement reserves at least 10% of processing, storage, and data handling capacity for use within Brazilian territory.

This portion may be commercially sold or offered for free to scientific, technological, and innovation institutions as well as public agencies.

Those hiring digital services may notice the effect if local supply increases, but the law did not establish prices, deadlines, or availability.

Regions Outside the South-Southeast Axis Will Have Fewer Obligations

Projects installed in the North, Northeast, and Midwest will have a 20% reduction in expected counterparts under the program.

The differentiated treatment aims to distribute investments across regions that currently host a smaller share of installed digital infrastructure in the country.

This regional advantage does not waive the Redata requirements. It reduces some obligations for projects located in these areas.

Energy and Water Are Included in Program Conditions

Data centers will have to meet efficiency criteria in water usage and utilize renewable or low-emission energy sources.

The technical parameters will still be regulated. Without this definition, it is impossible to anticipate maximum consumption, efficiency ratios, or mandatory technology.

This issue is significant because servers operate continuously and require cooling, stable electricity, and infrastructure capable of supporting high computational density.

Aisle with server racks in a data center; illustrative image. Credit: Carl Lender/Wikimedia Commons. CC BY 2.0.
Aisle with server racks in a data center; illustrative image. Credit: Carl Lender/Wikimedia Commons. CC BY 2.0.

Non-Compliance Will Result in Tax Reinstatement and Prevent Further Participation

The company that fails to comply with the rules will lose benefits and will have to pay taxes, along with fines and interest.

The legislation also sets a two-year ban on rejoining the program after a penalty is applied.

The enforcement creates a tangible financial consequence for those who take advantage of the tax relief without delivering research, local capacity, or meeting environmental requirements.

Sixty percent of Brazil’s digital workloads are processed abroad

The government study estimates that 60% of digital workloads generated in Brazil are processed or stored overseas.

Bringing part of this volume to domestic data centers could reduce physical distance and enhance local control, depending on the projects that join the program.

Brazil ranks tenth globally in market share, behind countries like Japan and the Netherlands, according to the disclosed data.

External deficits help explain the policy

In 2024, Brazil’s trade deficit in electronics reached $40 billion, while services posted a negative balance of $7.1 billion.

The Ministry of Development links these figures to external dependence on technology and processing.

Redata aims to change this scenario through incentives, but the outcome will depend on real investment, electrical grid capacity, connectivity, and contracted demand.

Regulation will determine when the benefits will reach companies

The sanction defines the pillars; however, the list of goods, environmental metrics, and inspection routines still need to be detailed in subsequent acts.

For data center operators, the next step will be to compare tax savings with the cost of fulfilling each program requirement.

For the public, the measure could be assessed by installed capacity in Brazil, funded research projects, and the regional use of investments.

Which aspect of Redata do you consider most important: research, Brazilian capacity, or efficiency in the use of energy and water?

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Paulo Nogueira

Graduated in Electrical Engineering from one of the country's technical education institutions, the Instituto Federal Fluminense - IFF (formerly CEFET), he worked for several years in the offshore oil and gas, energy, and construction sectors. Today, with over 8,000 publications in online magazines and blogs on the energy sector, the focus is to provide real-time information on the Brazilian job market, macro and microeconomics, and entrepreneurship. For questions, suggestions, and corrections, please contact us at informe@clickpetroleoegas.com.br. Please note that we do not accept resumes at this contact.

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