With the collaboration of Ericka Araújo
The Federal Government published in the DOU (Official Gazette of the Union) this Thursday (5) the list of products that will receive the new import tax rates for BK (Capital Goods) and BIT (Information Technology and Telecommunications Goods), according to the resolutions approved by Gecex (Executive Management Committee) last week, as announced by Canal Solar.
The measure maintained the increased tax rate for photovoltaic generators assembled outside the country with a power output above 75 kW. However, the publication of the list surprised the market by not including inverters and energy storage systems, including BESS, in a scenario different from what had been mentioned in the deliberations of the 233rd Ordinary Meeting of the Committee.
According to industry sources, last week everything indicated that the increase in import tax would cover all products classified as BK and BIT, which ended up not being confirmed in the official publication this Thursday (5).
Sources heard by Canal Solar reported that the news that inverters and BESS systems would be on the list for increased import tariffs was not well received, which would have caused a turnaround in the situation, especially in the current moment of the electricity sector – with curtailment and the recent publication of Law 15.269, which established energy storage as a strategic part of the country's infrastructure.
"It makes no sense for the Government to include storage in Law 15.269 and then, a month later, a ministry announces an increase in the import tax on this equipment. It's like giving with one hand and taking away with the other," said one of the sources.
These professionals interviewed for this report also pointed out that the absence of inverters and BESS systems from the list does not necessarily represent a definitive exclusion from the tariff realignment.
Since the measures' validity period extends until March 1st, there is a possibility that new resolutions will be published in the coming weeks, expanding the scope initially confirmed by the Federal Government.
Understand the situation
Last Wednesday (28), the Federal Government approved, within the scope of Gecex, an increase in import tax. The measure, as initially announced, was not restricted only to the energy sector, but covered all products classified as BK and BIT.
In practice, this meant a potential impact on a wide range of equipment, including solar and BESS inverters, as well as industrial machinery, electrical equipment, electronic components, and automation and telecommunications systems.
According to the deliberations of the 233rd Ordinary Meeting of the Committee, a reorganization of tariffs into three main tiers was proposed and approved. As a result, the rate on inverters and microinverters would increase from 12,6% to 20%, while battery storage systems, including BESS, would increase from 16% to 20%, as reported below.
Government approves increase in import tax and rate for inverters, and BESS reaches 20%.
Analysis of the regulatory landscape
O Canal Solar also heard from two other market experts on the subject. According to them, a detailed analysis of the text shows that the specific NCMs (Brazilian tax classification codes) for solar inverters and BESS systems were not included in this initial publication.
"In practice, this indicates that any potential increase in the tax rate for this equipment remains pending a new resolution," explains Daniel Pansarella. Public Affairs & Business Developer Director LAC from Trina Solar.
According to the executive, the sector gained time, but not a final definition. "Until the validity period ends, the scenario demands vigilance, agility, and caution on the part of companies," Pansarella emphasized.
Wladimir Janousek, CEO of JCS Consultoria, pointed out that the published resolution covers approximately 77% of the total universe of products classified as BK and BIT, which has generated questions in various market segments regarding the exclusion of other items.
"Therefore, it is possible that new lists will be published as a supplement, with corrections and additions of products that were not initially included and that may still be subject to increased rates," he stated.
Given this scenario, Pansarella recommends that the market pay close attention to regulatory monitoring, carefully analyze the tariff exemption scenarios foreseen in the regulations, and develop a strategic plan that considers different cost scenarios for the coming weeks.
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