Bill that characterizes the regular tax debtor is presented in Congress

The National Union of Fuel and Lubricant Distribution Companies (Sindicom), an entity that represents the largest fuel distributors in the country, presented this Tuesday, 22nd afternoon, to senators and deputies, in Brasília, a complementary bill that seeks to characterize the figure of the regular tax debtor, with mechanisms to differentiate him from the eventual debtor, as well as punishment. The project targets the sectors in which taxes are relevant in the composition of prices and which have a production or marketing chain that impairs the efficiency of the control of tax evasion, and not only the fuel segment, in which R $ 4,8, XNUMX billion are withheld annually, according to a study by the Getúlio Vargas Foundation.

Leonardo Gadotti Filho, Sindicom's executive chairman, says that the default debtor causes a competitive imbalance and should be differentiated from the eventual debtor, who may be facing cash flow problems. “The law cannot consider everyone the same. It is necessary to make a differentiation ”, he explains. “We intend to involve society in the discussion, so that it supports decisions in Congress. This is a big problem, which we intend to expose on social media. ”

The complementary bill is authored by Senator Ana Amélia (PP-RS) and will be considered in the Senate. The justification, which the Broadcast, Grupo Estado's real-time news service, had access to, mentions that there are cases in which the value of taxes exceeds the profit margin of the product, making it impossible for competition between payers and tax evaders, and that traditional means of fiscal control have proved insufficient to combat corporate structures organized to evade taxes.

“As a result of the numerous practices to avoid paying due taxes, which are not infrequently associated with crimes such as smuggling and counterfeiting, it is estimated that, only in the sectors of cigarettes and fuels, subject to high tax charges compared to other products , about R $ 8 billion are evaded annually ”, says the justification.

The project provides that the Federal Government, States, Federal District and municipalities may establish criteria for the fulfillment of tax obligations, such as maintaining uninterrupted inspection in the establishment of a taxable person; anticipation or postponement of the taxable event; concentration of tax incidence at a certain stage of the economic cycle; compulsory installation of production, marketing and stock control equipment; adoption of an estimation regime; among other measures.

The text of the bill also provides that the administrative authority may change the status of the taxpayer in the taxpayer register to the suspended or canceled modalities. The cancellation would be justified by reasons such as evidence that the company was constituted for the practice of structured tax fraud and for the production, commercialization or storage of stolen, stolen, falsified, adulterated goods or in non-compliance with the standards established by the regulatory agent and / or competent supervisory body.

Sindicom has a program called Legal Fuel, which seeks to combat defaults, tax evasion, adulteration of the content and quantity of products sold to consumers. The entity has tried to create jurisprudence that differentiates the incumbent debtor from taxes from the eventual and strengthen the Special Taxation Regimes. Other measures sought are the concentration of taxation on the most solid link in the chain, production - which is in line with current discussions with the government on PIS / Cofins; and the uniformization of the ICMS tax rates for fuels among the states.

To access the full text of the project, please click here

 

DIG opens investigation to investigate gas station

Source: Diário de Ourinhos (Ourinhos - SP) - 24/05/2012

The Civil Police through DIG (Police Station of General Investigations) was this Wednesday (23) at a gas station located on Avenida Domingo Camerlingo Caló collecting samples of gasoline and alcohol to investigate possible adulteration of the product. A police investigation was launched at the request of the Public Prosecutor.

According to information from the DIG delegate, João Beffa, the investigation began after complaints to the Public Prosecutor's Office, due to the different price the establishment has been charging. Approximately three months ago, the gas station sold gasoline at R $ 2,29, and 20 days ago the value dropped to R $ 2,18, well below the price practiced by most stations in the city and in the country.

“We went to the Gas Station with technical expertise, agents of the Ourinhos tax post, as determined by the delegated Marília State tax post. We collected gasoline and alcohol to perform an exam regarding the quality of this product. This sample collected will be sent to a laboratory in São Paulo and a whole procedure will be adopted for verification ”, said Beffa.

An inspection was also carried out by the tax agents in order to check for possible tax evasion, where the gas station's accounting and tax documentation was seen for eventual verification of tax evasion.

“There is an investigation underway by DIG. The station continues to function normally, as we have nothing to justify taking any other measures other than checking and investigating the quality of the product. This investigation was requested by the Public Ministry ”, he highlighted.

The result of the fuel samples will be released in 30 days. “If, of course, everything is regular, it will continue to function normally, if we find any irregularities, adulteration of fuel, then the State Revenue Service will take steps to seal the post. Adulterating fuel is a crime and the person responsible can be arrested, ”he concluded.

 The war of posts

In the last few days, a “war” waged by some stations in the city caused the value of fuel at the pump to drop by an average of 27%. The competition made the product sold in the city become the cheapest in the State of São Paulo.

The “war” between the establishments started two months ago after the opening of a gas station on Avenida Domingos Carmelingo Caló that started selling gasoline at R $ 2,29.

With the value well below the market, the post registered a boom of movement, and consequently removed customers from the competition. To try to stop the drop in both gasoline and alcohol, establishments in a large fuel network have adopted an aggressive strategy in the market and have also started to lower the price at the pumps.

The gasoline that was sold by the gas stations for R $ 2,79, fell in 15 days, on average, 27%. Today the value of gasoline is R $ 2,18 and R $ 2,19 and that of alcohol R $ 1,49. The other establishments still sell the products at the market price, that is, at R $ 2,75 and R $ 1,70.

To give you an idea, compared to the other cities in the State of São Paulo, Ourinhos is the one with the lowest fuel value. In Jaú, for example, gasoline is sold for R $ 2,60 and alcohol for R $ 1,82. In Marília the price is R $ 2,74 and R $ 1,90 respectively, and Ribeirão Preto the price is R $ 2,46 and R $ 1,72.

Fantastic accompanies operation to arrest fuel mafia in RJ

Source: Fantástico, TV Globo, 5/6/2011

To see the video of the report click on the link: http://fantastico.globo.com/Jornalismo/FANT/0,,MUL1664033-15605,00.html

Fantástico shows how the fuel mafia attacked again, and this time the scheme is complete. It starts at the alcohol plant, passes through the distributor and ends up at the gas station. If your family car is choking, go to the mechanic right away, as you may have filled the tank with adulterated fuel.

“I fell into the blunder of changing fuel suppliers, and the car slowly started to increase gagging,” says taxi driver Ricardo Torres.

Ricardo is just one of thousands of victims of the fuel mafia. Gasoline mixed with solvent destroyed the engine of his car. “Who is responsible for this? Will the bill always stay with the consumer? ”, Says the taxi driver.

This week, Fantástico followed a mega-operation to disable a fraud scheme that affected four states and the Federal District. The gang acted from end to end in the fuel industry: from the alcohol plant to the gas stations.

In Campos dos Goytacazes, a city in the north of Rio de Janeiro, more than 100 police officers from 15 specialized police stations go in search of the accused. In a chic neighborhood in the city, police officers arrest the rooftop resident. According to the researchers, businessman Sérgio Soares is one of the heads of the scheme. He says he currently has two posts. In two years of investigation, the police found that he actually has 12 posts. Most in the name of oranges.

In a luxury condominium house with two imported cars in the garage, plus a prison. Paulo Bastos is the commercial director of Campos' main plant.

The gang scheme involved the plant to the gas station: all phases of alcohol production, distribution and commercialization. Without paying tax, he guaranteed a millionaire profit. According to the police, the fraud generated more than R $ 120 million for those involved.

It worked like this: first, the gang took alcohol from the plant with cold notes and then used facade distributors. Result: alcohol arrived at the mafia stations without paying tax, much cheaper. “Behind this low price is a chain of crimes” explains Ângelo Ribeiro, from the Fazendar Police Station in the state of RJ.

“Gang formation, documentary ideological falsehood, tax evasion, money laundering, crime against public health. Anyway, there are several crimes ”, lists Isabela Santoni, from the Fazendária Police Station -RJ. “They also started using methanol, which is a highly toxic and harmful to health biofuel, which is even capable of causing cancer”.

The police proved what everyone always suspected: those who evade also forge. The post under investigation for selling alcohol without paying tax has adulterated gasoline.

The expert makes a test on gasoline sold as additive and discovers yet another fraud: additive and common gasoline are the same.

In a conversation recorded with the authorization of the Justice, the owner of one of the stations involved tells the manager to mix the gasoline. “We are going to put the five (liters) of the common into the additive. No problem. It makes no difference, ”says Daniel.

But the gang also added solvent to gasoline, which causes losses for the driver. taxi driver Ricardo Torres complains: "I will spend an average of R $ 5 on this vehicle".

“The engine is the most expensive part, but I have a damaged fuel pump, damaged injector nozzles, hoses. I mean, everything in the car deteriorates, because solvents dissolve everything, ”says workshop owner Flavio Ferraz.

“The citizen pays that bill when they put a product in their car of terrible quality”, points out Ângelo Ribeiro, from the Fazendar Police in the state of RJ.

This week's arrests show that the fuel mafia is still at work. So be wary of very low prices and only look for positions that you trust.

 

814 closed gas stations in São Paulo

Source: A Tribuna - Baixada Santista - Santos / SP - 09/11/2010

The Litoral Regional Tax Office canceled this Tuesday the state registration of Auto Posto Lunar, located at Praça Visconde de Itaboray, 6, in Santos, due to the finding of adulterated fuel sales. The action is part of the operation De Olho na Bomba, from the State Finance Secretariat.

With this ban, the number of service stations that had their state registration canceled in the entire state of São Paulo has risen to 814, since the beginning of the operation, in 2005. In the last five years, 13 gas stations in Santos had their state registration canceled.

At gas stations where infractions are checked, they are prevented from functioning and the tanks containing fuel are sealed, in addition to their respective supply pumps. Partners (individuals or legal entities) of the establishment are also prevented from exercising the same line of activity for a period of five years, counting from the date of termination.

Inspection consists of checking pumps, checking the establishment's registration data and collecting samples of the commercialized fuel, which are sent to the State University of Campinas (Unicamp) for analysis. Fuel stations, distributors and carriers are subject to inspection.

The new state legislation provides for the cancellation of the state registration of stations, distributors and transporters caught with fuel out of specifications, in addition to fines from the Treasury Department, for tax evasion, and Procon, for injury to the Consumer Protection Code, and opening police investigation, in which the owners respond to civil and criminal cases.

Check the complete list of gas stations canceled in the Municipality:

Auto Posto Lunar Ltd.

Visconde de Itaboray Square, 06 - Estuario

Auto Posto Barracuda LTDA
Av. Afonso Pena, 188 - Boqueirão

Automotive Services Box 5 Ltda

Visconde de Itaboraí Square, 25 - Estuary

Auto Posto America Ltd
Av. Afonso Pena, 151 - Boqueirão

Auto Post Formula 11 Ltda

Av. Visconde de São Leopoldo, 350 - Valongo

Auto Posto Maria Martha Ltd.

Av. Ana Costa, 41 Vila - Matias

PortMar Ltda Ltda

Av. Governador Mário Covas, 738 Estuary

Auto Posto Rimafer Ltd.

Brás Cubas, 181 Vila Nova

Auto Posto Canal 3 Ltd

Av. Washington Luiz, 120 Vila Matias

Auto Posto Senzala Ltd.

Av. Bernardino de Campos, 303 - Vila Belmiro

Auto Service Station Brasil 500 Ltda

Av. Afonso Pena, 240 - Boqueirão

Super Post Peralta de Santos Ltda

Av. Pedro Lessa, 1.192 - Ponta da Praia

Auto Posto Praiano Ltd.

Av. Senator Pinheiro Machado, 283 Marape