Thursday, May 02, 2013

ICMS-free River truck sales

The Government of Rio de Janeiro edited law to encourage the modernisation of the fleet of trucks in the State. From June 1, the vehicles may be purchased exempt from GST. Normally, the tax is 12%. The benefit is in law No. 6,439, published yesterday in the Official Gazette of the State.
The exemption of ICMS in accordance with the standard, it's for five years, renewable for another five. The law should be regulated soon. But already clarifies that, to obtain the benefit, must be made in low Detran-RJ of truck with 20 years or more, in addition to proof of their destruction by recycling companies of vehicles registered by the State Government.
The new standard also allows taxpayers benefit from exemption use in 48 months, ICMS credits relating to the transaction. However, according to consultant Maria das Graças Lage de Oliveira, Lex Legis tax consulting, fluminense could be questioned in court. That's because the Federal Constitution and the law-complementary law No. Kandir 87, 1996-seal in exemption or not incidence of use of tax credits.
The exemption of ICMS can also be discussed in court because it was not authorized by the National Council of Treasury Policies (Confaz), according to the lawyer Francisco Carlos Roses Giardina, Bichara, Barata & Office Coast Lawyers. ' The concern here is that the law, though it was edited with a supposed order, has a bias of discharge, running a tax benefit without prior agreement authorizer ', he says. ' There is a risk, therefore, that in the future, this exemption be considered null. '
Fluminense law determines some criteria for businesses to renew their fleets with the incentive. The new truck must be manufactured in Rio. In addition, you will be prevented from transferring the vehicle to another State for a period of at least five years.
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