Deputies gathered during the session this Wednesday (13).  (Photo: Pablo Valadares/Chamber of Deputies)

The fixed amount for charging ICMS on fuels was approved by 392 votes to 71

Deputies gathered during the session this Wednesday (13). (Photo: Pablo Valadares/Chamber of Deputies)

With the support of the majority of the deputies of the Mato Grosso do Sul bench, the Chamber Plenary approved, by 392 votes to 71, the fixed amount for charging ICMS on fuels.

Beto Pereira (PSDB), Dagoberto Nogueira (PDT) and Vander Loubet (PT) voted against the measure. Bia Cavassa (PSDB), Luiz Ovando (PSL), Tio Trutis (PSL), Rose Modesto (PSDB) and Fabio Trad (PSD) voted in favor of the proposal.

The measure is provided for in the Complementary Bill 11/20 and deputies still need to vote on the highlights that can change the text.

The approved text is the replacement of Deputy Dr. Jaziel (PL-CE), which obliges states and the Federal District to specify the rate for each product per unit of measure adopted, which can be liter, kilo or volume, and no longer on the value of the merchandise. The deputy estimates that changes in legislation should lead to a reduction in the final price charged to consumers of, on average, 8% for regular gasoline, 7% for hydrated ethanol and 3.7% for diesel B.

The proposal for a single ICMS (Tax on Circulation of Goods and Services) rate on fuels could cause 20 states, including Mato Grosso do Sul, to jointly lose R$5.5 billion/year in revenue, according to the decrease calculations of revenue made by the CNM (National Confederation of Mato Grosso do Sul), in a study to which the Campo Grande News had access.

New calculation – Currently, the ICMS levied on fuels is due by tax substitution onwards, and its calculation basis is estimated from the weighted average prices to the final consumer, calculated every two weeks by the state governments. ICMS rates for gasoline, for example, vary between 25% and 34%, depending on the state.

In the substitute, operations with fuels subject to the tax substitution regime will have specific tax rates per unit of measure adopted, defined by the states and the Federal District for each product.

The specific rates will be set annually and will remain in effect for 12 months from the date of publication. The rates may not exceed, in reais per liter, the average value of the final consumer prices usually practiced in the market considered over the two immediately preceding fiscal years, multiplied by the ad valorem rate applicable to the fuel on December 31 of the immediately preceding fiscal year.

As an example, the average prices in September of regular gasoline, hydrated ethanol and diesel oil corresponded, respectively, to R$ 6.078, R$ 4.698 and R$ 4.728, according to the National Petroleum Agency (ANP). In the form of the substitute, the rate would be calculated based on the average of prices practiced from January 2019 to December 2020. During this period, resale prices ranged from R$ 4.268 to R$ 4.483, in the case of regular gasoline; from R$2.812 to R$3.179, in the case of hydrated ethanol; and from R$3,437 to R$3,606, in the case of diesel oil.

With information from the Chamber of Deputies agency***

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