Comsefaz says it will appeal André Mendonça’s decision on ICMS

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The National Committee of State and Federal District Finance Secretaries (Comsefaz) announced, after a meeting this Saturday (14), that it will appeal the preliminary decision granted by Minister André Mendonça, of the Federal Supreme Court (STF), which overturns the Council’s decision. National Treasury Policy (Confaz) on the states’ ICMS policy on diesel.

After Mendonça’s decision, 27 different ICMS rates will no longer be accepted, which represents uniformity and a reduction in the value of fuel and less fluctuation in prices. Therefore, the command of Complementary Law 192/2022 takes effect again, with balanced and proportional taxation.

According to Comsefaz, there are not different rates and the measure respects the law, but a single one, with some discounts to avoid tax increases.

They claim that they set a rate of R$1, but in some locations it was R$0.75 or less, and the rebates were made precisely to avoid fuel increases.

Mendonça responded to a request from the government of Jair Bolsonaro (PL), who, through the Attorney General’s Office (AGU), went to the STF to question the disrespect for the law that established a single tax rate for all states, in reais. per litre, charged only at the production stage.

Complementary Law No. 192, of 2022, of March, implemented the so-called single-phase collection and the uniformity of the rate in the taxation of fuels by ICMS. It also provided for a transition period, until the end of the year, so that states could set a rate equivalent to the average of the last 60 months – which, in practice, would represent a drop in the current tax burden on fuel.

In his decision, Mendonça says that “the complexity and relevance of the issue” justifies the “urgency” so that “the construction of an effective, perennial and consistent solution with the constitutional parameters regulating the matter begins immediately”.

According to the minister, the states’ decision constituted a “patent violation” of the Constitution.

(*With information from Thais Arbex, from CNN)

Source: CNN Brasil

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