Proposta limita valor de multa para o ICMS

Proposta limita valor de multa para o ICMS

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Projeto de lei de autoria do governo estadual pode reduzir de 300% para 100% o teto de valor da multa cobrada em autos de infração envolvendo o imposto estadual

Tramita na Assembleia Legislativa de São Paulo em regime de urgência um projeto de lei que reduz o valor da multa e dos juros calculado sobre débitos do Imposto sobre Circulação de Mercadorias e Serviços (ICMS) decorrentes de autos de infração.

O texto do PL 57/2017 altera artigos da Lei 6.374 e tem como principal novidade a imposição de um teto de 100% do imposto devido. Atualmente, o valor das multas pode chegar a 300%. A proposta também altera as regras de cobrança de juros, estabelecendo limite baseado na taxa básica de juros, Selic, com um piso de 1% ao mês.

Enviado em fevereiro pelo Palácio dos Bandeirantes, o projeto também propõe uma nova sistemática para cobrar contribuintes que confessarem suas dívidas com a fazenda estadual.

Além do teto estabelecido para a multa, esses contribuintes terão uma redução de 35% no valor devido na multa principal e de até 50% na multa acessória. A multa acessória é aquela cobrada, por exemplo, pela não entrega de uma declaração, erros no preenchimento de notas fiscais, na escrituração ou descrição de produtos.

Para o advogado Humberto Gouveia, que é membro do Conselho Estadual de Defesa do Contribuinte (Condecon-SP), as novas regras na cobrança das multas e juros vão reduzir o número de processos administrativos e judiciais.

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Há muito tempo, informou, o Tribunal de Justiça de São Paulo (TJ-SP) reconhece a Selic como o índice para a atualização do valor das multas em questões tributárias. Com a estabilização da moeda, a cobrança de multa confiscatória tem sido um dos principais argumentos usados para contestar o pagamento.

Para a consultora tributária da King Contabilidade, Elvira de Oliveira, os bons contribuintes serão beneficiados pelas medidas propostas, que trazem mais vantagens do que os descontos escalonados concedidos atualmente.

Pela legislação em vigor, o contribuinte que recebe um auto de infração pela falta de entrega de um bloco do Sped por exemplo, tem uma redução de 70% no valor da multa caso o pagamento seja feito em até 15 dias contados a partir da lavratura do auto. Se o pagamento for feito em até 60 dias, o desconto é de 60%.

“As novas regras conferem maior coerência na cobrança de multa e minimizam a possibilidade de confisco, pois impede o Estado de cobrar muito além da capacidade econômica da empresa”, afirma.

Pelas estimativas da Secretaria da Fazenda do Estado de São Paulo (Sefaz-SP), as medidas devem beneficiar cerca de 300 mil contribuintes paulistas. Caso o projeto seja aprovado, o fisco espera receber R$ 110 bilhões em dívidas hoje pendentes. O projeto já passou pelas comissões de Constituição, Justiça e Redação, foi incluído na ordem no dia em 11 de abril e já recebeu sete emendas de deputados.

Fonte: Diário de Comércio
Data: 24 de maio de 2017
Acesso: 26 de maio de 2017

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