Last Thursday, the 9th, Minister Fux suspended changes to the ICMS collection in response to the request of the National College of State and Federal District Attorneys, Conpeg. According to the Minister, this alteration greatly impacted the states in their collection, which generated losses for Brazilian citizens.
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The change in ICMS collection was determined by Complementary Law 194/2022, which received the approval of Congress and former President Jair Bolsonaro. In this case, the law set a ceiling of 18% for the collection of ICMS, the Tax on the Circulation of Goods and Services, on the electricity tariff.
At the time, the main argument was that the ICMS charge weighed too heavily on the price of gasoline, which rose due to inflation. For Fux, the Union abused the subject, since it interfered with the autonomy of the states regarding the collection of their taxes. This was even Conpeg's main allegation.
Still in his decision to suspend the tax, Minister Luiz Fux highlighted in numbers what the impacts of this change would be. According to Fux, the ceiling would promote the loss of R$ 16 billion in the collection of the states, which would also directly impact the municipalities. After all, the law determines that there is a transfer of value to municipalities.
The decision is still provisional.
Despite the Minister suspending the change in ICMS, this decision is still provisional. This is because the colleagues of Minister Fux, of the Federal Supreme Court, must still vote on whether or not to suspend Complementary Law 194/2022. This analysis should take place between February 24th and March 3rd, after Carnival.
After the suspension, the states will be able to charge the TUSD and TUST fees, which are, respectively, the tariff for the use of the distribution systems and the tariff for the use of the transmission system. In this case, these fees apply to fuel-related products, such as natural gas and gasoline, but also to electricity and public transport.
