São Paulo refunds 30% of ICMS as of October

By ETCO
29/08/2007

Source: Correio Popular - SP, 29/08/2007

The governor of São Paulo, José Serra, yesterday sanctioned the law that refunds 30% of the Tax on Circulation of Goods and Services (ICMS) to the citizen included in the price of the product paid for a purchase. The Nota Fiscal Paulista project will be implemented from October 1st.

The monthly ICMS collected by the commercial establishment will be returned to consumers identified by the CPF (in the case of individuals) or CNPJ (legal entity) at the time of purchase, in proportion to the amount recorded in the notes and tax coupons issued.


Among the main objectives of the government is the reduction of the individual tax burden and unfair competition, by combating tax evasion and the sale of illegal products, since the consumer will always demand a note.
 
 According to the State government, the implementation will be gradual and there will be a timetable establishing the date that each economic sector will join the project. On October 1st, the first to join the project will be the restaurants. In November, there will be bars, snack bars and bakeries, among others.
 
 The expectation of the Secretariat of Finance is that by the end of the first half of next year, the more than 750 thousand establishments in the State have already adjusted to the new system.
 
 According to the rules, at the end of each month, commercial establishments will send the files of tax notes and coupons issued in the previous month to the Secretariat of Finance, ascertain the tax due in the period and make their payment to the State Treasury coffers. .
 
 If the established deadline is not met, the supplier will be subject to a fine of 100 Fiscal Units of the State of São Paulo (UFESP) - or R $ 1.423,00 -, for an unregistered document. Of the tax paid in the month, 30% will be divided among all consumers of that establishment, proportional to the value of the purchases made.

How to receive
 
 According to the project for the São Paulo government, for purchases made from January to June, the credit may be used from October of the same year. For purchases made from July to December, it is valid from April of the following year.
 
 The amounts of the credits may be deposited in the taxpayer's bank account, credited to the credit card or used to reduce the Motor Vehicle Property Tax (IPVA) for the following year. Credits can also be transferred to someone else. The values ​​are available for use for a period of five years.
 
 To indicate how they want to use the credit, the consumer will access the website of the Treasury Department (www.fazenda.sp.gov.br), register a password and consult your credits, both pending and released. On the page, the taxpayer and the consumer already find the initial information regarding the Nota Fiscal Paulista.
 
 


Food & Beverage Outlets
 
 According to the bill approved and sanctioned by Serra, a specific line of credit will be created at Banco Nossa Caixa to assist small and micro companies in the event that these entrepreneurs wish to install a fiscal coupon issuer - who has annual revenues below R $ 120 thousand is not obliged to have a fiscal coupon issuer - or even to modernize its equipment. (From Folhapress)

MORE INFO - How will part of the Tax on Circulation of Goods and Services be refunded 
 


Who is entitled
 - Individuals with CPF.
 - Companies included in the Simples or non-ICMS taxpayers who buy products, goods and services (subject to ICMS) in the State of São Paulo.
 


Credit amount
 - Up to 30% of the ICMS value of each purchase.
 


Example
 - In a purchase of R $ 100, in which the ICMS corresponds to 18%, the consumer will be entitled to R $ 5,40 (30% over the R $ 18,00 of the tax collected).
 


To have credit you need ...
 - Request the invoice (coupon, traditional or online) and inform the CPF or CNPJ number.
 - That the selling company issue the invoice, collect the ICMS and transmit to the Treasury, in ten days, a file of the invoices issued.
 - Register on the Farm website and indicate how you want to use the credit (www.fazenda.sp.gov.br).
 


How to receive credit
 - In checking or savings account.
 - Credit card issued in Brazil.
 - Reduction of the value of the IPVA.
 - Transfer to third parties (such as relatives, friends).
 


Credit validity
 - Will be available for five years.
 


When credits will be used
 - For purchases made from January to June, they can be used from October of the same year.
 - For purchases from July to December, credits can be used from April of the following year.
 


Non-credit purchases
 - Vehicles, fuels, electricity supply, piped gas, telecommunications and others.
 


Consultation of the tax balance to which the taxpayer is entitled
 - The Nota Fiscal Paulista portal will inform the values ​​already credited and the pending ones, through the access password.
 


Non-receipt of credit
 - If the credit to which the consumer is entitled does not appear on the website, he can make a complaint against the establishment at the Treasury Department.
 


Questions, answers and legislation
 - Can be found on the Nota Fiscal Paulista portal (http://www.fazenda.sp.gov.br/nota_fiscal/).
 
 


Source: São Paulo Finance Department