EN 
PT_BR 
A Justice of Mato Grosso granted exemption from ICMS (Tax on Circulation of Goods and Services) on TUSD (Tariff for the Use of the Distribution System) in the energy compensation system of 12 properties owned by former governor Blairo Maggi (PP).
The measure, however, continues to apply to UCs (Consumer Units) that use the benefits of photovoltaic solar energy throughout the State.
The former governor filed the request with the Judiciary alleging that the TUSD is “devoid of a legal-tax basis, so that there is no other alternative than to resort to the Judiciary to ensure the clear and certain right not to submit to the tax illegally.” charged,” he argued.
The request was accepted by the judge of the 2nd Public Finance Court of Rondonópolis, Márcio Rogério Martins, who noted that there was no “triggering event” for the collection of the tax in the specific case of the politician.
The judge also highlighted, in his decision, that the collection of ICMS carried out by the responsible concessionaire is “an act riddled with illegality, as it disregards the principle of legal reserve that guides the institution of taxes in the national order, and fails to assess the compliance of the concrete situation with the legal dictates that give rise to the tax charged”, he explained.
Read too: Should payment of ICMS for the solar sector be mandatory?
Blairo Maggi's properties that are “exempt” from the ICMS charge on TUSD include farms, houses and apartments. In addition to the exemption granted to the politician, the judge also prohibited Sefaz-MT (Secretariat of State for Finance of Mato Grosso) from registering the name of the former governor in Cadin (Informative Register of Unpaid Credits), a Government database Federal, in which the names of people with outstanding debts in federal bodies and entities are registered.
Photo: Marcelo Camargo/Agência Brasil
