The governor of Goiás, Ronaldo Caiado (União Brasil), said that the governors achieved “important results” at the meeting with ministers Luís Roberto Barroso and Gilmar Mendes, of the Federal Supreme Court (STF), held on the night of this Tuesday, 7 The agenda was the difference in the rate (Difal) of the ICMS, which will be discussed by the Court on April 12th.
Caiado said that Difal, as well as the ICMS levied on energy distribution and transfer, have no impact on the Treasury. Removing the essentiality of gasoline, another demand from the States, was also discussed. “Barroso and Gilmar gave space for us to expose all these concerns, at the same time showing the difficult situation of the States with drops in revenue and very high expenses”, he told journalists after the meeting.
“A governor cannot, overnight, be impacted by a measure without it presenting an alternative for municipalities and governments,” said Caiado. “What we are looking for is legal certainty. You cannot change the source of revenue in the middle of the Budget”.
In addition to Caiado, eight other governors participated in the meetings: Rafael Fonteles (PI), Wilson Lima (AM), Renato Casagrande (ES), Ronaldo Caiado (GO), Carlos Brandão (MA), Eduardo Leite (RS), Tarcísio de Freitas (SP), Wanderlei Barbosa (TO) and Celina Leão (DF).
Difal is levied on interstate transactions and is calculated based on the difference between the ICMS rates in the state of destination of the product and the state of origin of the company.
Governors claim that Difal is not a new tax, as it does not increase the tax burden, and they want the collection to start from 2022. Companies, on the other hand, defend that collection should only begin in 2023.
Until the analysis was suspended in the virtual plenary, the score was 5 to 3 for the charge in 2023. Barroso, Rosa Weber and Kássio Nunes Marques were the only ones who had not yet published their votes. The judgment was taken to the physical plenary, at the request of the governors, in December. In April, it resets to zero.
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