At the request of the government, André Mendonça suspended the possibility of the tax having different values in each state.
The States will appeal the decision of the Minister of the STF (Federal Supreme Court), André Mendonça, to suspend rules that allow the collection of values other than ICMS on diesel.
The decision to question Mendonça’s injunction was taken this Saturday (May 14, 2022) at a meeting of the comsefaz (National Committee of Secretaries of Finance, Finance, Revenue or Taxation of the States and the Federal District).
The state finance secretaries will make a technical note so that Conpeg (National College of Attorneys General of the States and the Federal District) can present the state defense in the coming days. André Mendonça’s injunction gives the States a period of 5 days to express their views on the matter.
The institutional director of Comsefaz, André Horta, said that the idea is to “Apply as soon as possible” to ensure the application of the new ICMS collection rules, which would come into force in July and were suspended by André Mendonça’s decision.
States must still ask the president of the STF, Minister Luiz Fux, to take the matter to the plenary of the Court quickly to ensure that the matter is resolved by July.
In a note, Comsefaz said that “the State Finance Secretaries understand that the debate must be deepened, involving the Attorneys General of the States (gathered in Conpeg – National College of Attorneys General of the States and the Federal District), in order to find the best solution, that is, that in fact is in accordance with constitutional guidelines, respecting the autonomy of States and contributing to the control of fuel prices, the greatest desire of the Brazilian population”.
single rate
In March, President Jair Bolsonaro (PL) sanctioned a project that determines the creation of a single rate for the ICMS on diesel. To comply with the law, the States set a rate of R$ 1.0060 per liter for S-10 diesel. However, they also decided that each FU could grant subsidies at this rate so that the ICMS tax on diesel does not change.
The Bolsonaro government questioned the granting of these subsidies in the STF on Friday (May 13, 2022). On the same day, Minister André Mendonça complied with the request of the federal government and suspended the rules defined by the States.
Comsefaz says it is complying with the law. It states that the granting of subsidies tries to avoid the increase of ICMS on diesel in states that had a rate lower than R$ 1.0060.
“The subsidy is important because it maintains the economic effect of the law. This does not increase the tax burden. We will explain this to the STF”, said the institutional director of Comsefaz. The expectation of the States is that the STF understands the argument and reverses the suspension of the rules.
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