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[POLITICS] · Brazil · 33 sources

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Supreme Federal Court bars unilateral revocation of ICMS tax benefits

The Supreme Federal Court (STF) has ruled that Brazilian states cannot unilaterally revoke ICMS tax benefits that were previously approved through agreements by the National Council for Financial Policy (Confaz). The decision, reached by a 6-3 majority, aims to curb the 'tax war' between states and ensure legal stability.

While Confaz deliberations do not automatically implement changes into state laws, once these rules are incorporated into local legislation, any revocation must follow the council's guidelines. This requires approval from at least four-fifths of the council's representatives, which includes state finance secretaries and Ministry of Finance officials.

The ruling stems from legal actions brought by the states of Rondônia, Acre, Amapá, and Roraima against a 2020 decree from the government of São Paulo. That decree had terminated ICMS exemptions for goods sent to Free Trade Zones in the Northern region. Justice Cármen Lúcia, the rapporteur, argued that unilateral revocations harm other states, while Justice Luiz Fux dissented, defending state autonomy in managing local tax incentives.

Entities

Acre · Conselho Nacional de Política Fazendária · Cármen Lúcia · Espírito Santo · Luiz Fux · National Council for Financial Policy · Ordem dos Advogados do Brasil · Supreme Federal Court · Supremo Tribunal Federal · São Paulo

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