Emissão de documento fiscal ameaça ser bloqueada com ausência do CEST

Emissão de documento fiscal ameaça ser bloqueada com ausência do CEST

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A exigência do Código Especificador da Substituição Tributária – CEST está prevista para 1º de outubro de 2016, e a regra vale para todos contribuintes do ICMS, optantes ou não do Simples Nacional

Se a ausência do CEST nos arquivos dos documentos eletrônicos do ICMS bloquear a emissão da NF-e, os impactos negativos serão maiores do que aquele vivenciado pelos contribuintes em janeiro de 2016, período em que entrou em vigor o DIFAL instituído pela Emenda Constitucional 87/2015.

Muitos contribuintes ainda não alteraram o cadastro de mercadorias para incluir o CEST – Código Especificador da Substituição Tributária, instituído pelo Convênio ICMS 92/2015.

Mas o atraso não é só dos contribuintes, alguns Estados não adequaram a legislação interna às disposições do Convênio ICMS 92/2015.

A situação se agravou em julho deste ano com a publicação do Convênio ICMS 53/2016 (DOU 14/07/2016), que alterou a lista do CEST instituída pelo Convênio ICMS 92/2015.

Para identificar o CEST o contribuinte deve analisar a NCM, descrição da mercadoria e  o segmento. Neste sentido é necessário ficar atento às normas estaduais, isto porque o Convênio ICMS 92/2015 autorizou os Estados e o Distrito Federal a cobrar ICMS através do regime de Substituição Tributária apenas dos produtos relacionados nos anexos. Porém, o CONFAZ autorizou os Estados e o Distrito Federal a cobrar ICMS-ST de todos os produtos do segmento de autopeças, independentemente da NCM, o mesmo se aplica ao sistema porta a porta. Para isto foi criado um CEST genérico, outros (999), conforme consta dos Anexos II, III e XXIX do Convênio ICMS 92/2015.

ANEXO II

AUTOPEÇAS

ITEM CEST  – Descrição
999.0 01.999.00  – Outras peças, partes e acessórios para veículos automotores não relacionados nos demais itens deste anexo

ANEXO III

BEBIDAS ALCOÓLICAS, EXCETO CERVEJA E CHOPE

ITEM CEST NCM Descrição
 999.0 02.999.00 2205
2206
2207
2208
Outras bebidas alcoólicas não especificadas nos itens anteriores

Anexo XXIX

VENDA DE MERCADORIAS PELO SISTEMA PORTA A PORTA

ITEM CEST NCM Descrição
999.0 28.999.00 Outros produtos comercializados pelo sistema de marketing direto porta-a-porta a consumidor final não relacionados em outros itens deste anexo

Para evitar erros na emissão do documento eletrônico é necessário correr contra o tempo para alterar o cadastro de mercadorias para incluir o CEST nos parâmetros das operações fiscais até 30 de setembro de 2016.

Confira alguns exemplos de CEST, conforme anexos ao Convênio ICMS 92/2015:

ANEXO II 

AUTOPEÇAS

ITEM
4.0
CEST
01.004.00
NCM
3923.30.00
DESCRIÇÃOReservatórios de óleo

ANEXO XXI

PRODUTOS DE PERFUMARIA E DE HIGIENE PESSOAL E COSMÉTICOS

ITEM
9.0
CEST
20.009.00
NCM
3304.10.00
DESCRIÇÃOProdutos de maquiagem para os lábios
63.0 20.063.00 3923.30.00
3924.90.00
3924.10.00
4014.90.90 7010.20.00
Mamadeiras

ANEXO XXIX

VENDA DE MERCADORIAS PELO SISTEMA PORTA A PORTA

ITEM
33.0
CEST
28.033.00
NCM
3923.30.00
DESCRIÇÃOMamadeiras

Neste exemplo observamos que a NCM 3923.30.00 pode ser enquadrada no Anexo II de Autopeças, Anexo XXI Produtos de perfumaria, higiene pessoal e cosméticos e no Anexo XXIX Sistema de venda de mercadorias porta a porta. Portanto, é necessário que o contribuinte analise com critério através da NCM, descrição da mercadoria e operação para identificar em qual segmento se enquadra. Se for mamadeira poderá se enquadrar no segmento de produtos de perfumaria, higiene pessoal e cosméticos, assim utilizará o CEST 20.063.00, desde que não seja venda de mercadorias pelo sistema porta a porta. Se for venda pelo sistema porta a porta deverá utilizar o CEST 28.033.00.

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A seguir exemplo do campo CEST da NF-e.

CEST-NF-e ate 30 de set

CEST-NF-e a partir de out de 2016

CEST – Código Especificador da Substituição Tributária será exigido a partir 1º de outubro de 2016 e o contribuinte que não atualizar o cadastro de mercadorias até 30 de setembro de 2016 para incluir esta informação, poderá ser surpreendido com a rejeição dos arquivos dos documentos fiscais eletrônicos (NF-e, NFC-e, e-SAT).

Se a ausência do CEST bloquear a emissão da NF-e, os contribuintes terão suas operações paralisadas.

Desta vez, o impacto na economia com impossibilidade de emitir documento fiscal será maior do que aquele vivenciado em janeiro de 2016, período em que entrou em vigor o Diferencial de Alíquotas sobre as operações interestaduais destinadas a pessoa não contribuinte do ICMS (EC 87/2015).

No que diz respeito aos impactos da exigência do CEST, ao contrário do que ocorreu com o DIFAL, as medidas de proteção ao contribuinte devem ocorrer antes do final de setembro de 2016.

O DIFAL instituído pela Emenda Constitucional 87/2015 entrou em vigor em 1º de janeiro de 2016, mas a suspensão da cobrança para as empresas do Simples Nacional ocorreu somente com a publicação de Medida Cautelar do STF em 17 de fevereiro de 2016. “Até esta data o efeito da norma já tinha causado muito estrago”, de tal forma que várias micro e pequenas empresas fecharam as portas.

As regras de cálculo e partilha do DIFAL da EC 87/2015 são tão complexas, que muitas lojas virtuais encerraram as atividades.

“O ato de criar regras e exigências fiscais é muito fácil, mas infelizmente não temos esta mesma facilidade na operacionalização”.

A uniformização da lista de mercadorias sujeitas às regras de substituição tributária do ICMS é muito bem vinda, mas o que se discute é o tempo que o contribuinte não teve para fazer as devidas adaptações nos cadastros para incluir o CEST.

Com a uniformização da lista de mercadorias sujeitas ao ICMS substituição tributária, desde 1º de janeiro de 2016 os Estados e o Distrito Federal não podem cobrar ICMS-ST se a mercadoria não constar da lista anexa ao Convênio ICMS 92/2015.

Surgimento do CEST – Código Especificador da Substituição Tributária:

A figura tributária do CEST surgiu com a publicação do Convênio ICMS 92/2015, em 28 de agosto de 2015.

Mas a lista completa do CEST somente veio com a publicação do Convênio ICMS 146/2015, em 15 de dezembro de 2015, que alterou o Convênio ICMS 92/2015.

Em 14 de julho 2016, com o advento da publicação do Convênio ICMS 53/2016, a lista do CEST sofreu alteração significativa.

Os Estados e o Distrito Federal demoraram muito para adequar a legislação interna às regras do Convênio ICMS 92/2015. São Paulo, por exemplo, publicou o Decreto nº 61.683/2016 apenas em 25 de maio de 2016, mas ainda não adaptou o regulamento do ICMS às alterações promovidas pelo Convênio ICMS 53/2016., que alterou o Convênio ICMS 92/2015.

Linha do tempo da prorrogação de exigência do CEST

Convênio ICMS 139/2015, publicado em 07 de dezembro de 2015 prorrogou a exigência do CEST de 1º de janeiro de 2016 para 1º de abril de 2016; vale lembrar que nesta data o CONFAZ ainda não havia divulgado todas as informações do CEST, que somente ocorreu com a publicação do Convênio ICMS 146, em 15 de dezembro de 2016;

Convênio ICMS 16/2016, publicado em 28 de março de 2016, prorrogou a exigência do CEST de 1º de abril de 2016 para 1º de outubro de 2016.

Confira aqui a lista completa do CEST.

Fonte: Jornal Contábil
Data: 23 de agosto de 2016
Acesso: 26 de agosto de 2016

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