States can appeal to the STF against changes in the ICMS calculation, says expert

In an interview with CNNthis Thursday (10), the lawyer and doctor in tax law André Félix Ricotta said that, if the bill that changes the basis for calculating the Tax on Circulation of Goods and Services (ICMS) is approved by the Federal Senate, the states may appeal to the Federal Supreme Court (STF) against the measure.

“If the bill passes, it is possible that some state will file a declaratory action of unconstitutionality in the STF, alleging that they are changing the ICMS calculation basis. Therefore, it is not enough to be approved, it is subject to discussion before the Supreme Court”.

On Thursday afternoon, the Senate approved the basic text of the project that changes the collection of ICMS on fuels.

Ricotta recalls that ICMS is a very important tax for the collection of states and the “tax that generates the most revenue in the country”.

The expert explains that, according to the project, “the ICMS will continue to be levied on all stages of sale, but it must be collected only once, by the producer or by the importer”, releasing the other agents from the obligation to collect.

However, Ricotta points out that the tax is not the main culprit behind rising fuel prices. For him, the current “Petrobras price policy and the instability of the international market” make the values ​​rise.

About fixing the value of ICMS, Ricotta understands that the measure would represent very little for the consumer’s pocket, since the tax is not the main factor that makes fuel more expensive.

See more in the video above.

Source: CNN Brasil

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