The regulation amends the text of Normative Instruction RFB No. 1,861 of 2018, in order to make it clearer and more precise, without any material alteration to its provisions. The amendment occurred in paragraph 3 of article 3 of IN 1,861.

The new text expressly provides that it is possible for the predetermined client to make payments related to the resale of foreign merchandise to the importer on commission, whether in full or in part, before or after any intermediate stage of the operation, without altering the nature of an order transaction.

Also removed from IN 1.861 were subparagraphs “b” of items II of articles 7 and 8, which dealt with the importer's obligation to highlight the amount of ICMS collected on the sales invoice. The ICMS levied on imports is a resource under the jurisdiction of the States and the Federal District.

Article 1 Normative Instruction RFB No. 1,861, of December 27, 2018, shall enter into force with the following amendments:

“"Article 3"

§ 3 The importer's own resources are considered to be the amounts received from the predetermined client as payment, in whole or in part, of the obligation, even if this occurs before the import operation is carried out or the commercial purchase and sale transaction is finalized.

……………………………………………………………………………………………………………………….” (NR)

Article 2 The following provisions of Normative Instruction RFB No. 1,861, of December 27, 2018, are hereby revoked:

I – subparagraph “b” of item II of article 7; and

II – paragraph “b” of item II of article 8.

Article 3 This Normative Instruction will be published in the Official Gazette of the Union and will enter into force on May 4, 2020.

See more at: OFFICIAL GAZETTE OF THE UNION

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