Santa Catarina desiste de cobrança antecipada do ICMS

Santa Catarina desiste de cobrança antecipada do ICMS

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O Estado de Santa Catarina vai retirar a maioria dos produtos da sistemática da substituição tributária, até então eficiente ferramenta de controle da arrecadação, que concentra o recolhimento do ICMS na indústria ou importador. A saída será gradativa e deve ser finalizada em junho, segundo o secretário da Fazenda Estadual, Paulo Eli.

A decisão decorre do novo entendimento do Supremo Tribunal Federal (STF) que, ao julgar o Recurso Extraordinário n° 593849, decidiu que o contribuinte deve receber a diferença do imposto nos casos em que o valor de venda do produto for menor que o presumido.

“A decisão do Supremo trouxe insegurança jurídica e vai representar um custo tributário elevado tanto para as empresas como para os Estados”, afirma o secretário de Santa Catarina. Hoje, acrescenta, os pedidos administrativos e decisões judiciais pleiteando a diferença do imposto somam R$ 70 milhões no Estado.

Até a saída definitiva da sistemática, que hoje abrange 70% dos produtos, Santa Catarina vai tanto ressarcir o contribuinte da diferença como também cobrá-la quando o preço final do produto for maior que o presumido. O mecanismo permanecerá apenas nos setores tradicionais – entre eles, combustíveis, cigarros, bebidas e automóveis.

Para o presidente da Federação das Indústrias de Santa Catarina (Fiesc), Glauco José Corte, o fim da sistemática da substituição tributária, que atinge 50 mil produtos no Estado, é um avanço porque vai representar uma redução de custo para a indústria, hoje obrigada a antecipar o recolhimento do tributo. “O ideal seria que todos os Estados seguissem o mesmo caminho”, afirma.

As novas regras em estudo que vão vigorar até a saída definitiva do Estado da sistemática da substituição tributária constam de uma medida provisória em fase de finalização. Segundo Paulo Eli, a norma sobre ressarcimento e cobrança da diferença do ICMS será parecida com Lei n° 15.056, publicada no fim do ano passado pelo Estado do Rio Grande do Sul, com regulamentação prevista para abril deste ano.

“A decisão do STF e as ações de contribuintes pedindo a devolução do imposto no Judiciário nos levou a alterar a legislação”, explica o subsecretário da Receita Estadual do Rio Grande do Sul, Mário Luís Wunderlich dos Santos.

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O novo posicionamento dos ministros do Supremo, segundo o secretário, surpreendeu os Estados, que acreditavam na consolidação da legislação que trata da substituição tributária. Antes da decisão, a lei trazia como exceção o ressarcimento do imposto apenas nos casos em que a venda do produto não fosse efetivada.

Segundo o secretário, o Rio Grande do Sul não vislumbra aumento de arrecadação com as novas regras. ” Mas certamente vai aumentar a burocracia para as empresas, que terão de realizar cálculos para chegar à diferença do imposto”, prevê. O setor supermercadista, na sua opinião, será um dos mais afetados por conta da diversidade de itens comercializados.

Para o presidente do Comitê dos Secretários de Fazenda (Consefaz), André Horta, que também é secretário de tributação do Rio Grande do Norte, com a decisão do STF perdem tanto o contribuinte como o setor produtivo. “Haverá aumento da burocracia com os cálculos da diferença do imposto cobrado dentro da sistemática”, afirma. Para ele, é uma surpresa a saída de Santa Catarina, que mantém universo expressivo de produtos dentro dessa sistemática de cobrança.

“Para os Estados que adotam a substituição tributária em produtos tradicionais, como combustíveis, cigarros e bebidas, a decisão do STF não é tão relevante”, explica. É o caso de Goiás e até do Rio Grande do Norte.

O assunto será levado à próxima reunião do Consefaz, marcada para o mês de abril. Antes, porém, este mês, os secretários de fazenda estaduais têm encontro com representantes da Confederação Nacional da Indústria (CNI) para tratar do Convênio nº 52, que consolida a legislação da substituição tributária. Publicado no início de janeiro, o convênio é alvo de uma ação direta de inconstitucionalidade (Adin) no STF impetrada pela CNI.

“Será uma oportunidade para sentar e dialogar com a indústria sobre as regras atuais e o que pode ser melhorado”, diz Horta.

Para o diretor jurídico da Federação das Indústrias do Estado de São Paulo (Fiesp), Hélcio Honda, a decisão do STF de devolver a diferença do imposto ao contribuinte é importante porque vai forçar os secretários de Fazenda a rediscutirem a sistemática de cobrança do ICMS. “Acho difícil os Estados abandonarem o mecanismo pela eficiência que representa no controle da arrecadação. Mas é necessária uma revisão geral das regras da substituição tributária.”

Fonte: Valor Econômico
Data: 28 de fevereiro de 2018
Acesso: 09 de março de 2018

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