New ICMS overloads e-commerce


Law that changes charging in interstate sales brings bureaucracy to companies; for OAB, inclusion of Simples companies is unconstitutional


The change in the collection of ICMS in non-face-to-face sales between two states, in force since January 1st, has created a major headache for e-commerce companies, especially small businesses. With excess bureaucracy and rising costs, many entrepreneurs across the country are stopping selling to other states or even ending activities. Before, the tax collected in each operation was only with the State of origin of the product. With Constitutional Amendment 87/2015, the ICMS is now shared with the State of destination of the sale. Thus, the entrepreneur now needs to open tax registration in each of the States and make the monthly collection in a specific guide or collect a National Guide for the Collection of State Taxes (GNRE) for each sale made to each consumer outside his State.

Source: The State of São Paulo (14/02)

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