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ICMS improperly charged generates reimbursement repercussions

When we pay our electricity bills, we rarely pay attention to the amount on the bill. However, it is important to analyze your energy bill, as undue charges may arise.

The issue of reimbursement of electricity bills due to ICMS persists because it is of an amount that almost all consumers are entitled to recover with invoices charged unduly.

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What is ICMS?

ICMS is the acronym for Tax on Circulation of Goods and Provision of Interstate and Interstate Transport and Communication Services. Basically, ICMS is a tax levied when a taxable product or service flows between cities, states or from one natural person to a legal entity (for example, when an appliance store sells a refrigerator to a client).

ICMS on electricity

As far as electricity is concerned, the Brazilian constitution states that it is a commodity, so you can also find the cost on your electricity bill. However, there is a great concern with regard to ICMS and the electricity bill, as only energy consumption may be taxed, which is not happening because ICMS is often taxed in excess, so undue.

Improper ICMS charges on tariffs

As previously mentioned, the big issue of ICMS on the electricity bill involves not only the taxation of energy consumption, but also the taxation of two other taxes on the bill, that are:

  • Tariff for Use of the Transmission System (TUST);
  • Tariff for Use of the Distribution System (TUSD).

In this way, the consumer ends up having to pay a higher amount than he should on his electricity bill.

For example, for the consumer (individual) where his account came in the amount of R$ 433.27, the TUSD would be R$ 204.15. In addition, ICMS would be levied on the tariff, resulting in an undue charge in the amount equivalent to R$ 51.04.

Thus, for example, over 60 months, the consumer may have unduly paid an amount of up to R$ 3,063, excluding interest calculations. But more importantly, you may have the opportunity to recover the full amount charged by mistake.

Reimbursement by legal means

In addition, it is necessary to point out that there is still the possibility of filing a legal application. That is, it is necessary to resort to justice to recover the amounts that were unduly paid.

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