ICMS on fuels: the AGU asks 30 days to comment on the states’ proposal

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The federal government’s 24-hour deadline to respond to governors expires this Wednesday; States want the calculation based on the average of the last five years

Brasilia – The Union Attorney General (AGU), Bruno Bianco, has asked Federal Supreme Court (STF) Minister Gilmar Mendes for thirty days to comment on the states’ proposal to collect ICMS on fuel.

The federal government had asked for 24 hours to review suggestions from state representatives on taxation. The deadline expires this Wednesday.

States requested that the ICMS tax rate on diesel be calculated on the basis of the average of the last 60 months and that fuels not be considered essential goods – and therefore subject to the ceiling of 17% and 18% in the collection of the tax rate . .

According to Bianco, the term is necessary to analyze the impacts of the governors’ proposal and the possible consequences of the law sanctioned by President Jair Bolsonaro.

There are two cases pending in the Supreme Court on the subject: one promoted by the president and the other by the governors. The federal government says states violate core precepts by setting the ICMS fuel rate higher than the country’s minimum rate. Bolsonaro calls for several state regulations on the matter to be declared unconstitutional by the STF.

The governors, on the other hand, ask that the complementary law 192/2022, sanctioned by the president to standardize the collection of the ICMS on fuels, be declared unconstitutional because it limits the collection of states and the investment capacity of local administrations in areas such as health and education.

In addition, on Tuesday 28, the governors of 11 states and the Federal District filed a new action to the Supreme with a request for an injunction against another law (Law 194) passed by Congress. The text considers essential goods of fuel, telecommunications, electricity and collective transport and sets a ceiling between 17% and 18% for the collection of ICMS.

The process in the STF was initiated in reaction in São Paulo and Goiás, which were the first to reduce tax rates.

Source: Terra

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