STF supports Fux’s decision to re-enter the tariffs in the calculation of the ICMS on electricity

The plenary assembly of the Federal Supreme Court (STF) decided to maintain an injunction that included two tariffs in the calculation basis of the ICMS levied on electricity, reversing a measure that was approved by the National Congress last year.

Last month, Minister Luiz Fux granted an injunction to maintain the tariffs for the use of the distribution (Tusd) and transmission (Tust) systems in the calculation of the state property tax, after the States and the Federal District had contested the legislative change of the Complementary Law 194 stating that there has been a billionaire loss of revenue from regional entities with ICMS.

The regional bodies also contested that the Union had encroached on the competence to legislate on a state levy.

All STF ministers followed Fux’s decision, with the exception of André Mendonça.

The court’s decision must displease bodies representing energy consumers, who had demonstrated against the injunction.

According to the National Association of Energy Consumers (Anace), the innovation introduced by the Complementary Law 194 could allow an average reduction of 9% of the electricity bill. A survey by Replace Consultoria carried out at the request of the institution revealed that, out of 37 energy distributors, only 30% of the companies had stopped charging for the change in the law until the end of last year.

Source: Terra

Rose

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