Panel SA: Small businesses fear tax increase on e-commerce


Small businesses that have grown with e-commerce in recent years fear the impact of changes in the calculation of the tax levied on interstate sales, under discussion in Congress.

On Thursday (16), the Chamber of Deputies approved a bill that regulates the collection of ICMS (Tax on Circulation of Goods and Services) on direct sales to final consumers.

The proposal, which will still be evaluated by the Senate, provides that the selling company will pay the state of origin of the transaction from 7% to 12%, in addition to a difference to be paid to the buyer’s state.

“Large companies can have a state registration to pay the difference once a month, but small entrepreneurs have to pay a guide for each sale”, says Guilherme Martins Santos, legal director of ABComm, an association that represents businesses focused on e-commerce .

According to the organization, 78% of companies that sell on the internet are micro and small companies opting for Simples. The tax difference depends on the rate in the state of destination, which can reach 19%.

As rates vary between states, the Chamber’s proposal provides for the creation of a website to facilitate the issuance of tax difference payment slips and gather information on the matter.

The bill under discussion in Congress fills a gap pointed out by the Supreme Court in 2019, when charging the difference in interstate sales was considered unconstitutional.

With Ricardo Balthazar (interim), Andressa Motter e Ana Paula Branco.


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