Tag: Fuel sector

Northern Santa Catarina mobilizes for less taxes

Source: Jornal de Santa Catarina (Blumenau - SC) - 31/05/2012

Sale of cheaper fuel this Thursday and proposals in the National Congress in defense of the reduction of taxes are among the initiatives

Almost 41% of Brazilian consumer income is expected to return to the government's coffers this year in the form of taxes, fees and contributions, according to estimates by the Brazilian Institute of Tax Planning (IBPT). The increase in the tax burden is the fourth in a row. It is as if people have to work until Wednesday to meet the needs of the public sector.

A series of initiatives are being taken in Joinville and Barra Velha to make the population aware of the weight of taxes in the families' budget. Groups of young entrepreneurs programmed the sale of fuel without taxes at stations in both cities;

- We are not against the payment of taxes, we just want there to be a better application of these resources by the governments. That is why we organized the Tax Freedom Day, to raise awareness in society so that it covers quality education and excellent health services. We paid nearly five months of tax work to the government. It is not fair that we still have to pay for private school or health insurance if we want to have a better life -, says Douglas Hoffmann, one of the coordinators of the action in Joinville.

Last week, representatives of the Efficient Brazil Movement (MBE), which preaches more efficiency in the use of public resources, were in Brasília to discuss the urgent need for tax reform. Joinvilense businessman Carlos Schneider, one of the leaders of MBE, spoke at the Chamber of Deputies, talking about the need to rationalize public spending.

The MBE coordinator, Paulo Rabello de Castro, presented a tax reform proposal to the Vice President of the Republic, Michel Temer, and to the Minister of Finance, Guido Mantega on Wednesday. The ideas are to simplify tax collection, improve public management and cut interest rates. The project foresees the reduction of the tax burden from 38%, this year, to 30%, in 2022.

The businessman Sérgio Rodrigues Alves, who chairs the Chamber of Tax and Legislative Affairs of Fiesc, gives a good example of how much taxes prevent Brazilian companies from being stronger.

- Today, the tax burden in Brazil represents 38% of GDP, while in China this rate does not reach 20%.

Initiatives for immediate changes in this situation are punctual. The executive secretary of the Ministry of Finance, Nelson Barbosa, confirmed Wednesday that the government is discussing simplifying the collection of PIS and Cofins, according to a proposal submitted by the business sector.

Senators

With a strong electoral base in the north of the state, senators Luiz Henrique da Silveira and Paulo Bauer defend actions that present proposals to reduce taxes in the country.

Earlier this week, in Brasilia, LHS reinforced a strategy to reduce taxes that may have an impact on urban mobility. According to him, this is an action that calls for integration between municipal, state and federal agencies.

Bauer defends two proposed amendments to the constitution (PEC). In a meeting, Wednesday, with the Minister of Health, Alexandre Padilha, the parliamentarian received support for the proposal that aims at zero tax on any medicine.

Today, Brazilians pay 34% of taxes. In addition, Bauer is the author of another action that provides tax incentives to companies that use recyclable materials.

- This mobilization makes it clear that the political class understands the importance of reducing taxes -, he says.

Posts that adulterated fuel are condemned by the Piauí Justice

Source: Portal O Dia (Teresina - PI) - 29/05/2012

The Federal Public Prosecutor's Office in Piauí (MPF / PI) obtained in court, through a public civil action filed by the Attorney of the Republic Kelston Lages, the condemnation of the Tepel posts (Teresina Petróleo Ltda), Star Serviços Picos Ltda, Lourival Ferreira dos Santos and Posto Francisco Santos Ltda for the sale of adulterated fuels.

The Federal Court, accepting the arguments and evidence presented by the MPF in the lawsuit, ordered the companies to pay a fine of 5% of the gross billing amount in their last year (excluding taxes), as well as the payment of damages for losses and damages in favor of the fund referred to in art. 13 of Law 7.347 / 85, and the amount of the indemnity must be determined in arbitration.

Proof of irregularities was obtained through inspection carried out by the National Petroleum Agency (ANP) from 01/01/2002 to 22/05/2002. The agency's technicians found that at Posto Francisco Santos Ltda, Star Serviços Picos and Tepel, the content of anhydrous ethyl alcohol fuel (AEAC), in the samples collected, was in a percentage above that specified by the ANP.

At the Lourival Ferreira dos Santos Post, the field test showed the percentage of 19% of AEAC, while the minimum percentage allowed by the ANP is 23%. In addition to these samples, chemical analysis and information bulletins also supported the public civil action brought by the MPF.

During the course of the process, none of the companies managed to add to the file any evidence that could rule out the irregularities committed by the companies and pointed out by the MPF in the action. They limited themselves to transferring to the fuel distributors the responsibility for the adulteration found in the analyzed products.

But for Justice, there is no need to transfer the responsibility for adulterated gasoline to the distributor, as the presumed guilt falls on the supplier, based on the risk theory of the activity and the constitutional protection guaranteed to the consumer.

Police seize 2 trucks from André. Suspected fuel adulteration

Source: Rede Sul de Notícias (Guarapuava - PR) - 28/05/2012

The Guarapuava Military Police seized two trucks belonging to André Lopes' group last week. The flagrant was done because the trucks changed fuel from one to another on a public road. Taken to the police station, it was found to be vehicles of a group linked to André Lopes.

The Special Action Group to Combat Organized Crime (Gaeco) also follows the case.

According to the chief delegate of the 14th SDP, ItaloBianchardi Neto, the police are also investigating the possibility of adulteration of fuels. “Samples were taken and the expert is carrying out the evaluation. In the coming days we will know if it is adulterated fuel ”, explains Ítalo.

The two tank trucks were collected in the yard of the Instituto de Criminalística.

The group linked to André Lopes is being investigated by the IRS, Federal Police and Gaeco on suspicion of having evaded more than R $ 500 million. The investigation into the group was launched in March, through Operation Hydra.

Finance Secretariat seals fuel pumps at Dutra Highway station

Source: Finance Department - SP (São Paulo - SP) - 23/05/2012

The São Paulo Finance Department, through the De Olho na Bomba operation, sealed the fuel pumps of Auto Posto Presidente Gasolina e Lubrificantes Ltda., Located at km 23 of Rodovia Presidente Dutra, in Guarulhos, on the morning of 5/222. The establishment had its state registration canceled for commercialization of adulterated fuel.

The operation was carried out by a team composed of six income tax agents from the Guarulhos Regional Tax Office (DRT-13). Auto Posto Presidente Gasolina e Lubrificantes Ltda. had been the target of Operation De Olho na Bomba on 11/4/2006, when fuel samples were collected at the establishment. At the time, the material was sent to the Technological Research Institute (IPT) of the State of São Paulo, which found that the ethanol sold was not in conformity with the specifications established by the National Petroleum Agency.

The establishment had its state registration revoked on 3/3/2007, but operated with a court injunction. The Secretariat of Finance and the Public Ministry revoked the injunction, reestablishing the effects of the revocation of the state registration of Auto Posto Presidente Gasolina e Lubrificantes Ltda.

Pump Eye Operation

State registrations for 939 service stations have been canceled throughout the State of São Paulo since the beginning of the operation in 2005. The São Paulo State Tax Authority has the authority to cancel the effectiveness of the state registration of these establishments in order to prevent the sale of adulterated fuel and tax evasion. This permission is supported by Law 11.929, of April 12, 2005, regulated by Ordinances CAT 28, 32, 61 and 74/05.

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.

In the event of an infraction, the stations are prevented from functioning and have sealed tanks containing fuel, in addition to their respective supply pumps. According to the law, the partners (individuals or legal entities) of the establishment are prevented from exercising the same line of activity for a period of five years, counting from the date of termination.

The state legislation provides for the revocation 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 of police investigation, in which the owners respond to civil and criminal cases.

The complete list of canceled gas stations can be consulted on the website of the Secretariat of Finance (www.fazenda.sp.gov.br). Just access the option “Consultation of canceled stations”. To report a post suspected of selling adulterated fuel, the taxpayer can call the Secretariat's Ombudsman at (11) 3243-3676 and (11) 3243-3683 or send an email to ombudsman@fazenda.sp.gov.br.

Broken seals and gasoline are seized in garage in Bauru

Source: G1 (Rio de Janeiro - RJ) - 22/05/2012

Materials used to divert fuel were on a conveyor.

Three men were detained by the Military Police after an anonymous tip.

The Military Police carried out an operation in the garage of a carrier on Tuesday morning (22), in Vila Coralina, in Bauru (SP). According to Lieutenant Vinícius Sayki, there was an anonymous complaint that fuel was being diverted at the site.

“We found the driver of a vehicle leaving the place with several gallons full of gasoline. We also apprehended broken seals, empty cans and tools used to remove fuel, such as adapted hoses, ”he informed.

A truck that was parked in front of the site also suspected of tampering. Three seals did not match the number shown on the invoice. “We also located a bag with several new seals. Three men were arrested, two are from Bauru and one is from Presidente Prudente ”, he added.

The Technical Expert was on site and the incident was referred to the police duty.

Invoice ride 2.0

Source: Info Exame (São Paulo - SP) - 22/05/2012

São Paulo - The Brazilian tax asylum offers a vast space for the performance of tax evaders. Only with regard to the tax on the circulation of goods and services (ICMS), each state has its own legislation, with a total of 3.500 rules in constant change.

In recent years, this tangle has become even more complicated with the worsening fiscal war between states and municipalities to attract companies and increase their revenue. It is easy to understand the appetite for ICMS. The tax collection has increased 33% since 2009 and approached 300 billion reais last year.

The main weapon used in the war is the offer to reduce the tax. As a result, there are more than 40 different ICMS rates in the country, varying from 4% to 25%. And what could be good - paying less tax - has become a fertile ground for crime.

The most applied scam is the tour of the invoice. A few years ago, scammers worked on real logistical engineering to defraud: departing from a producing state, goods traveled to states with less tax. The tour served to heat up the bill, registering the product as if it had been produced in the state that charges less tax.

Then, the good returned to the starting point, usually São Paulo, to be consumed. With the creation of the electronic note, a click on the computer became sufficient to issue the document - there are 180 million per month in the country. And then the 2.0 tour was born: the invoice virtually goes to other states, but the product does not move.

To simulate that something was produced in a distant state, just send the note over there and then do the reverse. By magic, the product “changes” in origin. "The difference in ICMS induces the dishonest to simulate a fictitious destiny", says Clóvis Panzarini, former coordinator of the São Paulo Finance Department.

Although some states and some companies can make gains from fraud, the country's economy can only lose. “The fiscal war promotes distortion in investment decisions, raises costs and harms companies that comply with the law,” says economist Paulo Rabello de Castro.

To try to end the war, the federal government is discussing with states the unification of interstate rates - today they are 7% and 12%. But the negotiation should take time. In the meantime, the note tour thrives, as shown in the following three examples, in the ethanol, medicine and steel markets.

Ethanol

Since 2007, to prevent fraud, the government has determined that the country's 16 refineries should centralize the collection of taxes on gasoline and diesel. Ethanol, however, because it is produced in hundreds of plants, has been left out - and has become the preferred target of dishonest distributors.

Fraudsters create distributors in states such as Goiás, where the ICMS rate is lower than that of São Paulo, the main producing state. "The scheme is set up with a company that is legally constituted, but in the name of oranges," says Alísio Vaz, president of the fuel distributors union.

The company only serves to simulate the passage of ethanol and issue the electronic invoice, obtaining the benefit of the lower tax. But only the note travels to Goiás. The fuel goes directly from the producer to service stations that participate in the scheme and, thus, offer ethanol at a low price - taking customers away from competitors who work in the legal sector.

The fraud, however, does not end on the note tour. Over time, fraudsters evade all taxes. When they are fined, they leave the distributor and start again with the name of another orange. Seven companies are currently under investigation - the National Petroleum Agency does not disclose which ones.

Pharmaceutical products

medicines are one of the products most affected by the invoice tour. The existence of 82 pharmacies scattered across the country - 000% of them small - and the sector's tight margins make it easier for the picks to act, as gains in the tax can increase the profit of traders.

Drug fraud is old, but it has recently incorporated technology. Until three years ago, the cargo and the paper invoice were a hit: they traveled from states that are producers, such as São Paulo and Rio de Janeiro, where the ICMS is heavier, even, for example, the Federal District, that takes a smaller toll.

Then, the cargo returned to its origin to be sold. Now, with a click on the computer, the electronic note is issued as if the cargo had completed the same path. The new scheme is called a merry-go-round: the bill makes a loop to reach the same place and the load is stopped. "The difference of a few percentage points encourages the wholesale banknote tour," says Ronaldo de Carvalho, owner of the Drogaria São Paulo chain.

Steel

Far from decreasing, the fiscal war between the states has evolved with new formats. What has gained more space recently is the offer of specific tax benefits for imported products. In ports like Itajaí, in Santa Catarina, and Vitória, in Espírito Santo, this started to be done to attract cargo from abroad and destined for other states.

Thus, a product that will be sold in São Paulo, instead of landing in Santos, uses a terminal in a state that charges lower ICMS. Companies that clear their imported products at these ports pay a small portion of ICMS to the state and receive a tax credit as if they had fully paid the tax.

The difference is charged to the destination state and turns into profit. In the steel distribution market, this new scenario of the fiscal war is leading to another trade-off: the international invoice tour. Dishonest distributors started to simulate that loads of Brazilian products came from countries like China or Italy.

But, in reality, only the invoice was issued electronically as if the steel had originated abroad. With the operation, the deceivers are able to sell steel at a price up to 8% cheaper than the market average, equivalent to 224 reais per ton.

"Depending on the tax credit obtained by the distributor in the port, the advantage in relation to the price of my product reaches 12%", says a businessman in the sector who asked for anonymity. The solution to end this type of coup is under discussion in the Senate: to define a single ICMS rate for imported goods.

"The port war sponsored by some states requires an urgent solution to end fraud such as the international tour," says Marco Polo Lopes, president of Instituto Aço Brasil.

Gas stations in Rio de Janeiro may be practicing cartel

Source: Jornal do Brasil (Rio de Janeiro - RJ) - 19/05/2012

The reporting team of Newspapers in Brazil he visited gas stations in Rio de Janeiro this Saturday morning and could see that the price charged for fuels in the city varied little, which may characterize a possible cartel formation. The situation in the capital of Rio de Janeiro also occurs in other regions of the country. In April of this year, the National Petroleum Agency (ANP) reported that it had filed a lawsuit with the Public Ministry of the Federal District after a survey carried out by the regulatory body between January 2010 and March 2011 pointed out that 90% of the stations sold a liter of oil. fuel alcohol at R $ 2,84. With regard to gasoline, the practice was even more evident: in all establishments the price was between R $ 2,94 and R $ 2,95.

The lack of competitiveness is extremely harmful to the consumer, who is often forced to pay an expense incompatible with his budget. According to experts, fuel costs should not exceed 15% of family income. This, however, is not always possible, according to general services assistant Roberto Barbosa, resident of Piedade, in the North Zone of Rio de Janeiro.

“It's complicated for anyone, like me, who needs to use the car every day. You have nowhere else to run. I know I spend a lot more than I could, but I have no option. What could I do? Stop working? ”He asks indignantly.

O Newspapers in Brazil sought the Union of Retail Trade in Fuels, Lubricants and Convenience Stores of the Municipality of Rio de Janeiro (SINDCOMB-RIO), but did not receive an answer. The team was also unable to contact the ANP and the Rio de Janeiro Public Ministry.

Tampering also worries

According to data from the ANP, 11 out of every 100 stations inspected eleven had irregular fuel. The most common practice is the presence of solvent in gasoline, which can cause loss of engine power, increased consumption, in addition to drying and accelerated corrosion of the plastic and rubber components of the vehicle's engine. 

In May, the owners of Autoposto e Garagem Vila Iguatemi Ltda, in Vila Isabel, were ordered to pay around R $ 172 for collective moral damages and to publish, in at least three newspapers of great circulation in Rio, notices calling on consumers that can prove the damage caused by adulterated gasoline to be compensated.

Bahia participates in operation on the National Day to Combat Tax Evasion

Source: Tribuna da Bahia - Salvador / BA - 20/10/2010

On Wednesday (20), National Day to Combat Tax Evasion, a task force carried out an operation against this type of crime in the capital of Bahia. Coordinated by the National Group to Combat Criminal Organizations (GNCOC), the operation was carried out in 12 states plus the Federal District by the Public Ministry (MP) and the state finance departments.

In Bahia, the objective is to establish an intensive performance aiming at the efficiency of the inspection and increase of the collection, through the prevention of tax frauds. Within this context, the State has been developing joint actions with the Public Ministry; State Secretariat for Public Security (SSP); Delegation of Economic Crimes and Against Public Administration; National Agency of Petroleum, Natural Gas and Biofuels (ANP) and Bahia Institute of Metrology and Quality (Ibametro).

Inspection was carried out simultaneously at three gas stations, two from the same network in the Graça neighborhood and one in Cidade Jardim. The establishments were investigated for allegedly selling adulterated gasoline and for not issuing a tax coupon. For the action, two groups were created, each with representatives of all the bodies involved. In total, 27 servers (seven from the State Finance Secretariat, eight from the SSP, four from the MP, four from the ANP and four from the Ibametro) checked the fuel nozzles in the tank, the amount of fuel, the price-quantity ratio (if the that is registered in the pump is what comes out of the nozzle), the seals of the devices of the pumps, and collected material to identify if there is conformity of the fuel - the latter is analyzed in laboratory by the ANP, later.

It is the second consecutive year that this type of action is taken. In 2009, the operation recovered R $ 4 billion in funds for the country that should have been collected from public coffers, but that were unduly diverted. In the fuel sector, R $ 1 billion was recovered.

Starting in November, the Treasury Department will intensify inspections at gas stations in the capital and inland over the three-month period.