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Comsefaz prepares proposal on ICMS on fuels to take to the STF this week

After the weekend of meetings, the National Committee of Secretaries of Finance (Comsefaz) will “hit the hammer”, this Monday (27), on the proposal that it intends to take to the Federal Supreme Court (STF) on ICMS of fuels.

Minister Gilmar Mendes scheduled for Tuesday (28), at 9 am, a conciliation hearing between the states and the federal government.

Mendes’ order came after the National Council of State Attorneys (Conpeg) questioned the competence of Minister André Mendonça to decide on fuel taxation.

In May, Mendonça ruled that the rates should be uniform across the country, overturning an agreement by the National Council for Finance Policy on diesel.

THE CNN the president of Comsefaz, Décio Padilha, said that the measure could bring more than R$ 30 billion annually in losses to the states.

In addition, according to him, governments can still lose around R$ 100 billion in 12 months with the enactment of Complementary Law 194/022, which limits the collection of ICMS on fuel, electricity, public transport and communications.

Last Thursday (23), President Jair Bolsonaro signed the law, but vetoed the compensation provided for health and education.

With this, in addition to specifically negotiating fuel in the STF, Comsefaz also works to overturn the veto in Congress, which must analyze Bolsonaro’s decision within 30 days.

Also according to Décio Padilha, the survey produced by Comsefaz points out that the two measures involving ICMS can bring a loss of more than R$ 80 billion annually in investments in health and education, since 25% of the tax must be invested in education. , 12% in health and 25% in transfers to the municipalities, also destined for these areas.

The president of Comsefaz considers that the changes in state taxation are an attack on the federative pact and do not bring practical contributions to the value of fuel, one of the main factors of inflation in the country.

“You zeroing, withdrawing, ending, reducing the ICMS to the maximum does not alter the escalation of the increase in fuels, so much so that the ICMS has been frozen since November, we have already failed to collect R$ 16 billion and diesel is in the range of R$ 7”, defends the president of Comsefaz.

“This year alone, Petrobras’ increase for distributors was around 56%: 8% in January, 24.9% in March, another 8.87% in May and 14.26% now. What is causing this is the price of oil, pressured by the war”, he added.

For the states, in the case of fuels, the solution to avoid constant increases in view of the import parity policy would be an equalization account.

The committee suggests that 40% of the quarterly dividends received by the Federal Government from Petrobras be kept for application when there is a lag in relation to the international market.

Source: CNN Brasil

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