Will the new ICMS exemption confaz for small businesses

Brasilia-the National Council of Financial Policy (Confaz) decided to review of interim decision of Minister Dias Toffoli, the Federal Supreme Court (STF), which freed small businesses to follow the new rules for recovery of VAT for e-commerce.
The theme comes generating a clash between the Secretaries of Farm States and the Brazilian service of Support for Micro and small enterprises (Sebrae).
After the extraordinary meeting, members of the Cabinet of Toffoli Confaz go in the early evening Thursday, 18.
Valid since January this year, a Covenant of Confaz which theme sets the ICMS tax on e-commerce sales must be shared between States of origin and of destination of the product.
Small business owners complained of increased bureaucracy and higher taxation.
On Wednesday, 17, Toffoli granted injunction to an action of the Bar Association of Brazil (OAB), defending the unconstitutionality of the change.
The main argument, justified the new standard feria constitutional differentiation of companies simply choosers.
The institution also argued that the new rule would make impossible the performance of small businesses.
The Chairman of the National Committee of Secretaries of farm (Consefaz), Andre Horta complained that Secretaries don''t have been heard before the decision of Tandel. For him, the measure doesn''t hurt the Constitution Confaz.
"We respect the decision of the Supreme, but our opinion is different," he said.
Farm Secretary of Pernambuco, Márcio Stefani, also criticizes the decision of Minister of the Supreme.
"The suspension of the rule is negative, because you create two undertakings qualities. Large companies will have to pay the GST (shared) and the small, "he said.
For the President of Sebrae, Afif, the decision of the Minister is a primary victory, since it anticipates the merit that will be taken to the final verdict. "It is very difficult to reverse this decision," assessed.
In an interview with news service Broadcast in real time of the Agência Estado, Afif left for the attack and said the Confaz acts to harm a Single.
"The stubborn enemy Confaz is a Simple and whenever you have an opportunity to pull the carpet from the simple, will do that," he said.
Afif accepts that taxation is shared between the source and destination States, since the less bureaucratic rules create Confaz.
"The reporting system Note in each State is crying. In the middle of the digital age, they have a medieval system of recoil. The process should be simple, with the electronic invoice, "he said.