CEST

CEST – Código Especificador da Substituição Tributária.

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Com as diversas variações e dificuldades que temos para compreender e classificar os produtos e inclui-los no ICMS Substituição Tributária o CONFAZ – Conselho Nacional de Política Fazendária resolveu padronizar os itens enquadrados no imposto que antecipa o recolhimento até o final da sua operação que seria o consumidor final, e com isso institui o CEST que é a abreviatura de Código Especificador da Substituição Tributária, pelo Convênio ICMS 92/2015 e atualizado pelo Convênio ICMS 52/2017.

O CEST é uma listagem dos bens e mercadorias enquadrados no regulamento do ICMS Substituição Tributária, a partir de portarias, convênios e legislação interna dos estados. Para melhor interpretação a CONFAZ padronizou essa lista por seguimento, separando em anexos.

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Normalmente as classificações dos produtos eram feitas pela NCM – Nomenclatura Comum do Mercosul e a descrição do produto, assim o contribuinte realizaria a análise para verificar se os produtos constantes na nota fiscal estavam enquadrados no regime de substituição tributária, com a disponibilização da listagem do CEST, constantes nos anexo II a XXIX este composto por 7 dígitos, o enquadramento é feito pelo numero da NCM da mercadoria fazendo o correlação com o CEST de acordo com a listagem disponibilizada nos anexos vigentes.

As empresas estão obrigadas à adequação, parametrizando os Sistemas operacionais para que não tenham divergências na emissão de notas fiscais e na validação do arquivo XML. Importante observar que mesmo que o seu item não esteja enquadrado como substituição tributaria e a NCM estiver listada no CEST há obrigatoriedade de ser preenchido o campo de referência.

O calendário de obrigatoriedade para adequação definido pelo Confaz está disponível no Convênio ICMS 52/2017, sendo, Indústria e Importador a partir de 1º de julho de 2017, Atacadistas a partir 1º de outubro de 2017 e os demais seguimentos a partir 1º de abril 2018.

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