When the public pays their electricity bills, they often don't pay attention to the monthly electricity bill. However, the details of the declaration must be followed closely to see if there are any improper claims or improper charges.
One of them could be the Tax on Circulation of Goods and Services (ICMS). So come and understand what ICMS is and how the calculation works to recover the amount wrongly charged.
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As the name suggests, this is a goods and services tax. In this sense, as the Constitution treats electricity as a commodity, it is possible to overcharge the electricity bill.
Testing to determine if you were billed incorrectly is relatively straightforward, depending on which distributor serves your region. Some distributors still have invoices, which makes verification very difficult.
In general, the ICMS calculation base should only include the energy tariff installments and never the transmission (TUST), distribution (TUSD) or collection installments.
Since the ICMS only allows reimbursement for electricity bills for 60 months, what must be done is collect the last 60 bills and follow the same calculation procedure. Then, add the difference between the ICMS charged and the invoices that do not include TUSD and TUST in the calculation base. After that, use an index like the INPC (National Consumer Price Index) for monetary correction and that's it!
Reimbursement for amounts that were unduly collected from ICMS is done through a lawsuit. Therefore, it is important to seek the help of a lawyer specializing in this area so that your chances of winning in the process are better.
In addition, it is important to mention that the investee's performance is beneficial for consumers, who can benefit from the ICMS refund and eventual reduction in the electricity bill.
