Unfair Gaps🇧🇷 Brazil

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8Documented Cases
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All 8 Documented Cases

Sanções por Divergências entre Registros de Campo e Relatórios SPED

Hard Evidence: R$ 5,000/month minimum for non-submission; R$ 500 + 0.02% of transaction value per erroneous field-derived record (typical range R$ 500–50K per month depending on volume). Aggregate: R$ 847M in SPED fines in Brazil in 2024.

SPED requires monthly filing of all service and cost records. Divergences between field collection system (e.g., survey response counts, participant hours) and SPED Block E/Block K (service delivery records, cost allocations) constitute 'errors and omissions' under RFB law. Penalties are applied per divergent record or as monthly non-submission fines.

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Multas por Erros em NF-e e Não Conformidade com SPED

Hard Evidence: R$ 100% of invoice value (per non-compliant invoice); R$ 5,000/month minimum for non-submission; R$ 500 + 0.02% of transaction value per erroneous record (can reach R$ 50K–200K per filing cycle). Industry aggregate: R$ 288 million (Block K alone, 2024).

Failure to issue compliant NF-e or submission of SPED files with errors (including Block K inventory records, pricing discrepancies, and missing service details) results in harsh federal penalties. In 2024, Receita Federal applied R$ 847 million in SPED fines; Block K errors accounted for 34% (R$ 288 million). Field data collection quality directly impacts invoice accuracy and SPED compliance.

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Multa por Falha em Emissão de NF-e e Conformidade SPED

100% of invoice value or transaction price per non-compliant invoice[4][9][10]; R$5,000 monthly penalty for ECD non-compliance[6]; Additional SPED reconciliation errors trigger immediate fines[7]

Failure to issue compliant electronic invoices (NF-e/NFS-e) for survey programming services or divergence between billed services and tax records reported in SPED incurs severe penalties. SPED ECD (Digital Accounting Bookkeeping) and ECF (Digital Tax Bookkeeping) submissions require complete accuracy by May 31 and July 31 deadlines respectively, with automatic penalty activation upon missed deadlines.

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Multas por Não Emissão ou Atraso em Nota Fiscal Eletrônica (NF-e)

Hard Evidence: 100% penalty on uninvoiced service value (e.g., R$ 50K service = R$ 50K fine). Late submission: R$ 500 + 0.02% (e.g., R$ 100K invoice = R$ 500 + R$ 20 = R$ 520 penalty). Typical market research firm (10 invoices/month): R$ 5,200+ in penalties if all late.

Services rendered in field data collection (e.g., qualitative research, participant incentives, logistics) must be formally invoiced via NFS-e. Delayed or missing invoices for field-collected services trigger federal penalties: (a) 100% of service value for non-issuance or non-compliant issuance, (b) R$ 500 + 0.02% of transaction value for late submission.

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