Confaz edita nova regra para ressarcimento de ICMS-ST

Confaz edita nova regra para ressarcimento de ICMS-ST

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O Conselho Nacional de Política Fazendária (Confaz), que reúne os secretários estaduais de Fazenda do país, editou novas regras para empresas que pagam o Imposto sobre a Circulação de Mercadorias e Serviços pela substituição tributária (ICMS-ST). A principal delas flexibiliza a forma de solicitação de ressarcimento do imposto após a venda de produtos já tributados para outros Estados. Por meio da substituição tributária, uma empresa antecipa o pagamento do ICMS em nome das demais que fazem parte da cadeia produtiva.

A retenção é automática. Mas cabe pedido de ressarcimento quando uma empresa vende uma mercadoria já tributada para outro Estado, que também cobra o imposto daquele produto por meio de substituição tributária.

Antes, só era possível pedir o ressarcimento do imposto retido na operação anterior por meio da emissão de nota fiscal eletrônica, exclusivamente para esse fim, em nome do fabricante. Somente o fornecedor responsável pela retenção do imposto poderia restitui-lo.

Agora, essa nota poderá ser emitida contra qualquer fornecedor do mesmo Estado. “O fornecedor vai restituir o valor do imposto e depois descontá-lo do ICMS que recolheria para o Fisco”, afirma o consultor Douglas Campanini.

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Segundo ele, a medida é positiva porque assim a empresa não Öca atrelada a um único fornecedor. “Isso era ruim porque, às vezes, o volume de ICMS-ST é muito grande, o que faz com que demore para a restituição ser paga”, afirma.

Maucir Fregonesi Júnior, sócio do setor tributário do Siqueira Castro Advogados, também entende que a restituição ficará mais ágil com a mudança. “Essa flexibilização no pedido de restituição é importante por reduzir o saldo credor de ICMS-ST, que costuma ser volumoso em grandes empresas”, afirma.

A novidade consta do Convênio nº 93 do Confaz, publicado ontem no Diário Oficial da União. Também nesta quarta-feira foi divulgado o Convênio nº 102, que detalha a qualificação dos produtos que devem ser informados com o Código Especificador da Substituição Tributária (Cest) na nota fiscal. O Cest foi criado para unificar a identificação das mercadorias sujeitas à ST no país. Assim, espera-se que os Estados possam aplicar as regras do regime com mais segurança.

Fonte: Valor Econômico
Data: 29 de setembro de 2016
Acesso: 29 de setembro de 2016

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