The Minister of the Federal Supreme Court (STF) Luís Roberto Barroso decided to include the TUST (Tariff for the Use of the Electric Energy Transmission System) and the TUSD (Tariff for the Use of the Distribution System) on the basis of the ICMS (Tax on Circulation of Goods and Services).
The decision took place after a request made by the regional governments of eleven states, and was published this Thursday (09).
According to the decision of Minister Luís Roberto Barroso, “the estimate is that, every 6 months, the States fail to collect approximately 16 billion reais, which could also have an impact on the collection of municipalities, since the Federal Constitution determines that 25% of the revenue collected with ICMS by the states must be transferred to the municipalities (Art. 158, item IV)”.
Complementary Laws No. 192, of March 11, 2022, and 194, of June 23, 2022, limited ICMS rates on electricity, fuel and telecommunications services, and was questioned in the STF by the states. The Court promoted a kind of conciliation between the states and the Union, on the changes in the tax.
However, according to the request made by the state governments, the agreement ratified by the STF “expressed the possibility of granting an injunction in the records of this Direct Action of Unconstitutionality in relation to the matter”.
Source: CNN Brasil
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