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Amount arising from undue electricity billing must be refunded

Because undue collection of taxes on electricity tariffs, was approved by the Chamber of Deputies bill that aims to return these values ​​to consumers, directly on the energy bills, configured in the form of a discount.

For years, the PIS (Social Integration Program) and the Confins (Contribution for the Financing of Social Security) had in their base calculation the use of ICMS (Tax on Circulation of Goods and Services). But in 2017, the STF (Federal Supreme Court) removed ICMS from the PIS and Confins calculation base, as it understood that the federal government could not include this tax in the calculations.

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A total of BRL 50 billion in tax credits were generated by this undue charge, and the restitution of these amounts was approved by the Chamber of Deputies on the 7th and, soon after, also of the Senate.

Without undergoing changes, the text awaits sanction from the President of the Republic, and, if sanctioned, Aneel (Agência Nacional de Energia Elétrica) will have to deduct the amounts unduly charged as soon as the law comes into effect. force. And if Aneel already has a

tariff approved for this year, will have to be reviewed, so that the undue amount is already deducted.

A Aneel you can also refund the amounts without third parties taking the initiative, and this applies to any reduction.

To make this refund, the deputies determined that the concessionaire create “fair criteria and consider applicable tariff procedures and contractual provisions”, according to the report approved by parliamentarians.

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