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Association meets with deputy to mobilize ICMS exemption on solar energy

Action seeks to eliminate tax collection on solar energy credit in the State of São Paulo

Members of the Solar Entrepreneur Association (Movimento Solar Livre) met, on Wednesday night (10), with state deputy Castelo Branco (PL-SP) to orchestrate a more forceful action against the collection of ICMS (Circulation Tax). of Goods and Services) on solar energy credit in the State of São Paulo.

The representatives met in the parliamentarian's office, at Alesp (Legislative Assembly of the State of São Paulo), to strengthen the creation of a working group that involves the legal sectors of deputies Castelo Branco and Faissal Calil (PV-MT).

The group will file an action in São Paulo similar to the one that was carried out by deputy Faissal at the TJ-MT (Court of Justice of Mato Grosso), where the parliamentarian obtained the success and understanding of the body to prohibit the collection of ICMS on solar energy credit.

The Court assessed, at the time, that there was no triggering event in Mato Grosso that would justify charging ICMS on the energy produced by the consumer himself. The Justice body even classified the application of the tax by the state government as “abusive” and “unconstitutional”.

“The reason for our meeting was to make a connection between the two deputies so that Castelo Branco could seek to enter, via party, with an action along the same lines as what deputy Faissal did, in Mato Grosso”, said Hewerton Martins, founder of MSL .

According to Martins, charging ICMS, along the lines of what is done in São Paulo, increases the electricity bill of consumers who generate their own energy by more than 100%. “On a residential electricity bill that should pay R$92,92, the consumer who generates their own energy pays R$220,94”, he explained.

Electricity bill from a member associated with Movimento Solar Livre. Photo: Free Solar Movement/Disclosure

Currently, São Paulo is the second Brazilian state with the highest generation of solar energy in the DG (distributed generation) segment. The region is second only to Minas Gerais, where, precisely, there is legislation that exempts the tax from being charged for projects with up to 5 GW of solar energy.

Henrique Hein
About the Author
Henrique Hein

He worked at Correio Popular and Rádio Trianon. He has experience in podcast production, radio programs, interviews and reporting. Has been following the solar sector since 2020.

Comments (4)

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Comments should be respectful and contribute to a healthy debate. Offensive comments may be removed. The opinions expressed here are those of the authors and do not necessarily reflect the views of the author. Canal Solar.

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  • Hélio Nunes

    Unfortunately, BRAZIL is going against sustainable development, in this country what matters is taxation and the lack of clarity in information to confuse consumers, our energy remains absurdly expensive, with renewable and clean energy it is possible to reduce these costs and improve the planet that we have destroyed over the years, they are demanding a red flag from those who have solar energy!
    In other words, you inject energy into the grid, improve the quality of local energy, pay taxes and receive a fine for every 100 kW consumed.
    Beloved homeland Brazil!

  • Ivan Carlos Moia

    We are giving customers savings, if you only charge the lighting fee and the availability fee ok
    Because those who generate their own energy are at the same time helping utilities with their surplus, improving local energy.
    This has to be taken into consideration, and not taxed
    http://www.sungold.com.br
    São Caetano do Sul SP

  • MARCOS DANTAS

    I am requesting a public hearing in the Legislative Assembly to discuss this government nonsense

  • Mark

    Unfortunately, the same has happened in the State of Ceará, since March/2021, when the State Government adhered to the understanding of CONFAZ 16/2015 and began ILLEGALLY charging ICMS on TUSD on the energy generated. Since then we have depended on taking action to try to correct this distortion;

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