The Federal Senate approved, this Tuesday (14), the Proposed Amendment to the Constitution (PEC) that establishes tax benefits for clean sources of energy for at least 20 years, encouraging the production of biofuels.
No suggestion to amend the text was presented and the text was approved in two rounds, unanimously by 68 yes and no no votes, in the first and 78 yes and no no votes in the second round.
The proposal’s rapporteur, Senator Fabio Garcia (União/MT), stated that the proposal still provides the survival of a 100% national industry that generates jobs and opportunities throughout this country.
“In order to guarantee them a lower taxation than the taxation levied on fossil fuels, capable of guaranteeing renewable fuels, biofuels a competitive differential in relation to fossil fuels, especially when it comes to PIS, Cofins and ICMS contributions”, he said. the rapporteur.
The idea is to ensure the competitiveness of the use of biofuels – such as ethanol – against fossil fuels – such as gasoline and diesel -, based on the differentiation of the tax burden of the products.
“The competitive differential of biofuels intended for final consumption in relation to fossil fuels will be guaranteed by maintaining, in percentage terms, the difference between the rates applicable to each fossil fuel and the biofuels that are substitutes for it, at a level equal to or higher than the one in force in May 15, 2022,” Garcia stated in the report.
The text also provides for the maintenance of a lower rate for the ICMS levied on ethanol, in comparison with taxation on fossil fuels.
“Maintain a favorable tax regime for biofuels intended for final consumption, in the form of the supplementary law, in order to ensure that they are taxed lower than the levy on fossil fuels, capable of guaranteeing a competitive differential in relation to these,” added the senator in the text. .
According to the proposal, for 20 years, the tax difference must be maintained, even if there are changes in relation to the rates of fossil fuels.
Also according to the text, proportionality must be maintained, even in the face of judicial decisions or legislative and state proposals that change the mobile rates of fossil fuels.
The proposal has the support of ethanol producers, who calculated losses in the sector from the approval of the ICMS limitation on this item.
Source: CNN Brasil
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