The Forum of Governors decided to extend for another 90 days the freezing of the average Tax on Operations related to the Circulation of Goods (ICMS) levied on gasoline, ethanol and cooking gas. The announcement was made today (22) by the forum’s coordinator, the governor of Piauí, Wellington Dias, after a meeting with governors, vice governors and secretaries, in Brasília. If not extended, the freeze, which has been in effect since November 1st of last year, would end on the 31st. The extension takes effect on April 1st.
At this Tuesday’s meeting, the governors discussed, among other topics, the establishment of a single rate for the ICMS on fuel, as sanctioned last week by President Jair Bolsonaro (Complementary Law 192/22).
According to Dias, the Council of Secretaries of Finance (Comsefaz) must define by Thursday (24) a formula for charging the single rate that must be applied initially in relation to diesel oil. The challenge is to find an average calculation that does not result in an increase in the tax in some states, consequently increasing the price of fuel.
According to Dias, at least nine states and the Federal District have a lower ICMS rate on diesel than other states. To avoid the increase, the secretaries are studying to apply a tax incentive to compensate for the increase in the rate in these units of the federation.
“We are authorizing the council of finance secretaries this Thursday to hold a meeting of Confaz [Conselho Nacional de Política Fazendária] to pass a resolution there that can be the parameter for the application of the law in the 27 units of the federation”, said the governor. fuels”.
The governor also said that, during the period of extension of the ICMS freeze, the secretaries will look for a formula that can be applied in relation to gasoline.
“During this period, the Council of Finance Secretaries should deal specifically with gasoline,” he said. “We still haven’t been able to find an alternative to this agreement,” added Dias.
The governor also said that, at the meeting, it was decided that the states will file a lawsuit in the Federal Supreme Court (STF) to challenge an article of the law that provides that, while the collection of the ICMS levy is not disciplined, the calculation should take into account the average price of diesel charged to the final consumer in the 60 months prior to its fixing.
Reduction of IPI
At the meeting, the governors also discussed the reduction of the Tax on Industrialized Products (IPI). The measure, announced by the federal government in February, reduced the tax by 25% for most products.
Regarding the IPI, Dias said that the governors see the way in which the government has been adopting the measures as a “concrete threat” to states and municipalities. In the opinion of the governors, the measure, in addition to harming the autonomy of the states and the federative pact, should have a strong impact on the states’ revenue.
“A unilateral measure like the one made by the Union is seen, by us, as a breach of the federative pact”, added Dias, noting that the states must also appeal to the STF against the measure.
