The Chamber of Deputies approved, this Wednesday (8), the Complementary Bill 62/15 which prevents the incidence of ICMS on the additional tariff flags.
The proposal, authored by deputy Hildo Rocha (MDB-MA) and former deputy and current senator Fabio Garcia (União-MT), now goes for consideration by the Federal Senate.
The 2015 text amends Complementary Law 87, of September 13, 1996 (Kandir Law), including the amount paid by small consumers in the regulated market in the electricity bill among operations exempt from state tax.
Rocha calculates that the additional amount is up to R$15 for every 100 kW. With the approval of the PL, according to him, the consumer will save up to R$4 for every 100 kW consumed, which is equivalent to a tariff of up to 27% of the ICMS, charged by some states.
According to him, the additional charge is the result of a lack of planning on the part of those who must generate electricity. “There is excessive taxation on energy bills. It's an absurd".
“The consumer is not to blame, but is punished for paying a more expensive tariff. What was created with these flags is a tremendous injustice. The poor cannot pay the bill,” he declared.
In the vote in the Plenary, an amendment by deputy Mauro Benevides Filho (PDT-CE) that proposed the withdrawal of PIS and Cofins was rejected. The deputy complained about the lack of exemption for these two taxes and accused the project of being unconstitutional.
“The Constitution prohibits the federal government from exempting state taxes. ICMS is being exempted here,” he warned.
