Estados terão que devolver ICMS pago a mais

Estados terão que devolver ICMS pago a mais

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O Supremo Tribunal Federal decidiu que o ICMS recolhido de forma presumida, por substituição tributária, deve ser adequado à base de cálculo efetiva.  Isso significa que os Estados terão que restituir os contribuintes quando o  preço presumido for maior que o efetivo. As empresas também terão que complementar o recolhimento se o Fisco verificar que a quantia antecipada foi menor.

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Na substituição tributária, uma companhia antecipa o pagamento do imposto de todas as empresas da cadeia produtiva – como no caso de automóveis, bebidas, combustíveis e medicamentos.  O cálculo do tributo se baseia em um valor de venda pré-estabelecido (presumido), por isso se discutia se o contribuinte tem direito à diferença quando o produto é vendido ao consumidor final por preço abaixo do que foi definido.

Fonte: Valor Econômico 
Data: 20 de outubro de 2016
Acesso: 21 de outubro de 2016

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