Legal Fuel Movement is launched in Brasília

sticker_redondo_basta-300x300On August 22, 2017, the Legal Fuel Movement was launched. The event took place at the National Congress and counted on the participation of entities such as Ajufe - Association of Federal Judges of Brazil, ETCO, Fecombustíveis, Fiesp, OAB, among others.

The Legal Fuel Movement defends and supports actions that come to combat anti-competitive and fraudulent activities such as tax evasion, default of taxes and fraud at the pumps. According to a recently launched study by the Getúlio Vargas Foundation (FGV), 4,8 billion reais in taxes are not being properly paid annually by some companies, the vast majority of whom do not have assets to honor these enormous debts accumulated by long periods. And they know it. And they continue to operate on the margins of the law, harming the legal market, job-creating companies and the final consumer. We want, and we need, to change these laws that favor regular debtors and that harm tax collection, harming the market, society and the consumer.

During the event, the bill that characterizes the regular tax debtor.

To learn more about the movement, visit the website

This is a project led by Sindicom (one of ETCO's associates) and has the support of several entities and associations such as Fiesp, Fecombustíveis, Sincopetro, Regran, IBP, ETCO, OAB, FIESP, Brasilcom and Unica.

Sindicom holds Forum on Unfair Competition and Fuel Market Challenges

whatsapp-image-2016-11-21-at-13-49-45-sindicomSINDICOM held today (21/11), the National Forum for Consumer Protection of the Fuel Market.

The Forum brought together several specialists in consumer law, among them the National Consumer Secretary, Armando Luiz Rovai, the Director of Procon Paulistano and Attorney of the Municipality and São Paulo, Ricardo Ferrari Nogueira and the Prosecutor of Justice and Consumer Protection of Curitiba / PR, Maximiliano Ribeiro.

Another topic discussed "The Impacts of Irregular Practices on the Fuel Market for the Consumer - Responsibilities and Penalties", was attended by Luiz Claudio Rodrigues de Carvalho, Deputy Coordinator of the Finance Secretariat and Coordinator of the Tax Administration - CAT (Sefaz / SP ), Aurélio Amaral, Director of the National Agency of Petroleum, Natural Gas and Biofuels (ANP) Francisco Caricati, Chief Delegate of the Intelligence Department of the Paraná State Security Secretariat and Jefferson Dias - Attorney of the Republic in Marília.

At the end, the Memorandum of Understanding was signed by the presidents of the organizing entities, and the Deputy Chief Justice of the São Paulo Court of Justice, Ademir de Carvalho Benedito.

The event was also attended by the Governor of São Paulo, Geraldo Alckmin.

Contumaz Tax Debtor returns to the agenda at important events in the month

image-stampCombating the persistent tax debtor is one of ETCO's priority projects. The Institute contributes to this battle by sponsoring studies, holding or supporting events and producing publications to spread the importance of this struggle across the country.

Unlike the eventual debtor, the regular debtor uses the non-payment of taxes as a form of unfair advantage over the competition, passing on this difference in price, gaining market and increasing his profits. Often this debtor makes inspection difficult, refuses to show tax books and uses third parties (oranges), so that partners do not suffer punishment.

To discuss this topic and discuss effective means of combating the debtor, Sindicom, one of ETCO's member companies, promoted on the 3,4rd and 5th of November, a seminar addressed to magistrates, members of the Public Ministry, prosecutors with attributions in the area state employees who work with tax collection.

"The predatory action of this unfair competitive practice, must be contained, restraining the enormous losses for the treasury and for the fair competition", declared Edson Vismona, president of ETCO, during the event.

On 11/11, the newspaper Valor Econômico holds the seminar Unfair Competition and challenges in the fuel sector, which will also address the issue, among other topics.

The event is free and interested parties can register by clicking here.

To learn more about the topic, access the special content DEBTOR CONTUMAZ


Article: “The disguise of default in organized crime”

In this article produced for Sindicom's 2013 Yearbook of Fuels, Lubricants and Convenience Stores, Luiz Alberto Segalla Bevilacqua, Public Prosecutor of the Public Ministry of the State of São Paulo, talks about the concern with the growth of crimes related to the fuel trade in the Brazil.

The crimes related to the formulation, distribution and commercialization of fuels in Brazilian territory have been growing in a dizzying and very worrying way, giving astronomical profits to criminal organizations that work in this field, fomenting the proliferation of real “mafioso” who disguise themselves as “businessmen”, but that, in fact, they integrate exquisite gangs, whose members often get away with penal consequences, causing irreparable damage to Brazilian society, the economy and the very image of Brazil before the international economic order.

We may not be able to identify all the causes of the growth of crime in the fuel industry in the national territory, as well as the current inefficiency of the State in combating the ill-fated practice of crimes involving that niche, such as adulteration, tax evasion, money laundering, but it is certain that the impunity and the poor legal consequences suffered by the offenders constitute the greatest incentive to increase the list of “false entrepreneurs” who, after stabbing the market, the consumer and the tax authorities, thus acting in a premeditated way, try to pass themselves off by mere debtors of the treasury, struck by bad luck and tax burden.

To access the full article, click here.

Manifestation of the NF-e Recipient is already in operation

Developed by the National Meeting of State Tax Coordinators and Administrators (ENCAT), the Recipient Manifestation project has the support of ETCO, through the National Union of Fuel and Lubricant Distribution Companies (Sindicom), the sector that started using the system in March 1st.

The requirement at this first moment is only for fuel distribution establishments. Only from the 1st of July does it also apply to gas stations, transporters and retail resellers (TRR). The start of mandatory requirements for other sectors has not yet been defined. The penalty for companies that do not comply with the law is a fine of 5% of the value of the operation or installment, never lower than 50 or more than 5.000 VRTEs (State Treasury Reference Values) per document.

The Recipient Manifestation Project allows the notes to be validated by the recipient company. This action protects companies from tax administrative proceedings and avoids tax evasion and the issuance of notes that are not consistent with reality. The aim is to prevent fraudulent operations in the movement of goods, for example, from shipments to a recipient other than that indicated in the tax documentation, or ghost and irregular companies. Thus, it allows controlling and minimizing the occurrence of this and other frauds, which often involve the improper use of registration data of suitable companies.

With the new system, the recipient of the goods has up to 180 days, depending on the distance of the transport, to validate the authenticity of the tax document, registering in the NF-e the occurrence of the following events:

• Issuance Science: record in which the recipient informs that he is aware of the issuance of NF-e and in which he appears as the recipient;

• Ignorance of the Transaction: in this case, the recipient registers that he is unaware of the transaction, as he does not recognize the authenticity of the commercial transaction informed by the NF-e issuer, who is unduly using his State Registration in order to defraud the Tax Administration;

• Confirmation of Receipt: event registered when the goods entered the establishment of the recipient taxpayer;

• Unfulfilled Operation: an event used to record the undo of the operation or return of goods.