Minister Gilmar Mendes, of the Federal Supreme Court (STF), gave the federal government 24 hours to evaluate proposals presented by the states to overcome the impasse surrounding the collection of ICMS levied on fuels.
In a statement released after the conciliation meeting between the parties on Tuesday (28), the states expressed concern about the “abrupt drop” in revenue and, in an attempt to reach a consensus, four items of agreement were proposed.
The first point proposed by the states is that the ICMS tax base on diesel should be calculated based on the average of the last 60 months.
The states also want the modal rate not to be linked to the issue of essentiality, so that the shares of the Fund to Combat Poverty are not reduced.
Regional entities also ask that ICMS rates on fuel supply operations at a level higher than that charged on operations in general be applied only from 2024, as the STF has already decided in a previous judgment.
Finally, the states request the removal of the inclusion of the TUST (Tariff for the Use of the Electric Energy Transmission System) and the TUSD (Tariff for the Use of the Electric Energy Distribution System) in the ICMS calculation basis until the process that discusses the matter is finalized in the STJ (Superior Court of Justice).
The representatives of the Union undertook to carefully analyze all the issues raised and asked for 24 hours to evaluate the proposals, which was accepted by all federative entities.
One of the points cited by the states is that governors of 11 states and the Federal District filed a lawsuit this Tuesday against the law recently passed by Congress that classifies fuel, telecommunications, electricity and public transport as essential goods. In practice, the rule limits the collection of ICMS to a maximum ceiling of around 17%.
Mendes is the rapporteur of actions that discuss the taxation of ICMS on fuels.
Recently, states have appealed to the STF so that a decision by Minister André Mendonça according to which the ICMS rates must be uniform throughout the national territory from next month will not be valid.
The regional entities’ argument is that Mendes had already reported a previous action that discussed the suspension of state and DF laws that applied different tax rates.
A previous attempt at conciliation, led by André Mendonça, was frustrated.
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