SP and PI obtain in the STF compensation for losses with ICMS ceiling

Federal Court of Justice
Federal Supreme Court grants new injunctions to state governments after falling ICMS collection| Photo: Marcello Casal Jr/Agência Brasil

O Federal Court of Justice (STF) granted an injunction to the states of São Paulo and Piauí, enabling reductions in the debt installments of these states with the Union in order to compensate for the drop in ICMS collection. The information is from Estadão. Revenue losses are caused by theimitation of the tax rate levied on fuelsenergy, transport and telecommunications, which had a ceiling determined in a complementary law, sanctioned in june.

In the last week, the Maranhão got an injunction from the STF for debt installments to be suspended, also as a result of losses from tax reductions (which is the main source of revenue for states). That first decision was followed by another that answered similar request made by the government of Alagoas. In these cases, the allegation is that there is no ability to pay as a result of the current regulation.

Some compensation for revenue declines is already provided for in the law, but it is limited. The text provides that the states will receive for losses that exceed the level of 5%, but with effect to 2022. Calculations made by the state finance secretariats estimate that the collection of the federative units will shrink by R$ 54 billion by the end of 2022, which caused the content of the rule to suffer resistance since the bill was processed in Congress. THE The expectation is that actions asking for compensation or suspension of payment of state commitments will multiply with the Supreme.

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