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.
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.
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.
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Indirect Tax and Customs Group
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