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Details

Service: Tax, Indirect Tax Services
Type: KPMG information
Date: 1/3/2013

Tax News: ICMS changes related to electronic industry

The state of São Paulo has published two decrees which changed the ICMS taxation rules on electronic devices sales.

Decree 58.767 from December 20th 2012:

According to the new disposals brought by this decree, benefits such as calculation basis reduction on internal outputs of electronic products and presumed ICMS credits for tablets are now extinct.

Both benefits had their legality questioned by ADI 4.635.

Decree 58.763 from December 20th 2012:

This decree has included at São Paulo state ICMS Statute, new disposal which allows the manufacturers to apply a 61,11% ICMS deferral on internal outputs of electronic products covered by the Informatics Law (Law 8.248/1991). Thus, the deferred tax shall be paid at the commercial establishment output moment.

Validity:

Both decrees are valid since October 30th 2012.

It has also been published at Federal Gazette (12/24/2012) the ICMS/CONFAZ Agreement 151 from December 21st 2012, which allows the state of São Paulo to grant ICMS calculation basis reduction on internal outputs of electronic products covered by the Informatics Law (Law 8.248/1991), in order to achieve an effective tax burden of 7%. This disposal is valid since October 30th 2012.

For further information, please get in touch to one of our professionals:

Indirect Tax and Customs Group

Lúcio Abrahão Monteiro Bastos, +55 (11) 3138 507, lbastos@kpmg.com.br

Elson Eduardo Bueno, +55 (11) 2183 328, ebueno@kpmg.com.br

Mariana Carissio, +55 (11) 3138 5070, mcarissio@kpmg.com.br

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