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The Director General of the National Agency of Petroleum, Gas and Biofuels (ANP), Decio Oddone, yesterday defended the States' definition of a single rate of ICMS on fuels, as well as a Final Average Weighted Price (PMPF) in real and not in percentage. The PMPF is the benchmark price established by state governments on the basis of a biweekly survey.
The changes, according to Oddone, would have the advantage of avoiding tax evasion through the so-called "note-walk". It is a practice that allows, for example, a company to produce in a state; sale for the same state but using a ploy in which the note (not the commodity) pbades through another state, which allows it to benefit from the difference in ICMS tariffs.
"If we had a single ICMS rate and an equal reference price in the 27 states, that would have an AND if you make a value in reais and not in percentage it would not change the collection, but would avoid a situation like today, where the tax is a lever for increases or price reductions, "said Oddone, who participates in the United States.
A first draft proposal modifying the fuel tax ICMS is under discussion in the technical field of the National Council of Financial Policy (Confaz) within a specific group on the subject, but it does not There is still no consensus on the subject. "There is a first project still under discussion," said Alagoas Treasury Secretary George Santoro.
According to Santoro, the discussion has not yet been presented to the secretaries of finance to produce a first concrete proposal. Currently the SGIC on fuel taxes "ad valorem" – it focuses on the value of the commodity and not on its weight, quantity or volume. In the new model, the ICMS would be loaded "ad rem" on the volume
"It is only necessary to see how it would work in this new model.An important question I think is the periodicity of the update ad rem, can only be updated every 90 days. "Thus, in a stressful situation, a lot of increase, a lot of variation, the states would have a loss of income." , stresses Santoro, favorable to change as long as borders between states are cut off
The discussion on the national standardization of the ICMS fuel tax, which would have a single and reais rate for every liter sold, was reinforced by a decision of the Supreme Court last year.The goal is now to create a tax in a single phase, collected at the first link in the chain (refinery, ethanol producer or importer), which prevents imbalances and re tax evasion. [19659002] Leonardo Gadotti, president of Plural, an badociation that brings together the three largest distributors in the country, explains that the state's publication may be billed in the event of tax evasion. a reseller who has sold below the price of the MPPF, which serves as a reference for the perception of ICMS.
"The definitive nature of the tax substitution as it was finished and now it is possible to impute the difference tax paid more or less.And the new interpretation of the Supreme Court encourages states to seek a solution, "says Gadotti," it's a motivation for states to pursue monophasia. "Today, the ICMS on diesel ranges from 12% to 18% .In January, the ICMS on the Alcohol was 12%, the lowest in the country.
Jorge Luiz Oliveira, General Manager of the State of São Paulo, "But we imagine that a rate of equilibrium will be reached, without losing much or that we win too much, "he explains, remembering that the Constitution already provides
André Horta, coordinator of Confaz secretaries, declares that the rates are still under discussion and that the collection in Reais (and not in percentage) is one of the ideas under discussion – well that at the end of the accounts, he says, "there is no difference." proposal, however, should generate resistance from the governors. If it goes ahead, they would lose their autonomy to decide the rates applied to these products. According to Horta, the ICMS on fuels is responsible for generating 85 billion reais of public revenue.
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