Ceiling for ICMS does not hurt the autonomy of states, says deputy author of the project

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THE Chamber of Deputies should vote next Tuesday (24) on a complementary bill that would establish a ceiling of 17% in the collection of the ICMS on fuel, energy, telecommunications and transport. According to deputy Danilo Forte (União Brasil-CE), author of the project, the proposal does not harm the autonomy of the states.

ICMS is a state tax, but Fortes says the issue is “constitutional”. “If the state wants to charge 2%, it will charge 15%, but [combustível] will be framed as an essential, not a special good, freedom they will have, but within these essential goods”.

The project would change the category classification of these products, moving to essential goods, whose ICMS collection has a ceiling of 17%.

“When the tax code was created, at the time of Getúlio Vargas, energy and fuel were luxury items, for the few, for the rich. Today, the whole world depends, including 98% of the Brazilian territory is covered by the energy network”, says Fortes.

In an interview with CNN this Saturday, he evaluated that, if the project is approved by June in the Chamber and in the Senate until the end of next month the final price of fuels “it would reduce around 9% to 12%”.

“The majority partner [dos aumentos de preço] state governments, the federal government took PIS and Cofins off diesel, but the states maintain an average ICMS tax on diesel between 17% and 19%, and on gasoline from 25% to 34%, which is an astronomical number that We need to break up”.

“I am not creating a new rate, a new tax, I am even using the jurisprudence given by the STF, in a special appeal judged by Minister Marco Aurélio, in which he says that energy and fuel are essential products. All Brazilian states are in surplus, all of them had growth in revenue last year. In the fuel sector alone, the revenue growth was around R$ 45 billion”, he pointed out.

In the deputy’s view, the rise in fuels and energy is linked “to issues of the international situation, commodities, our matrix is ​​tied to this because of thermal plants, the fuel matrix is ​​tied to this because of oil, and we need to get rid of it. But while we don’t get rid of it, everyone within the federative pact has to make a contribution, and the best thing is to cut exceptions. What is the biggest exception? Taxes, taxes”.

* Under supervision of Elis Franco

Source: CNN Brasil

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