Companies in São Paulo that overpaid ICMS-ST (a Brazilian tax) before October 2016 are entitled to a refund

August 30, 2019

Companies in São Paulo that overpaid ICMS-ST (a Brazilian tax on goods and services) before October 2016 are entitled to a refund.

DB Tesser

ICMS (Tax on Circulation of Goods and Services) - Importation - Refund of Values

According to news published by Valor Econômico, it is reported that andCompanies in São Paulo are entitled to reimbursement of ICMS – Tax Substitution (ST) amounts that they overpaid, even for periods prior to October 2016.

The Superior Court of Justice's decision regarding the right of taxpayers to receive refunds of overpaid ICMS-ST (Tax on the Circulation of Goods and Services - Tax Substitution) will also benefit those who did not have a legal claim against CAT 14 communication, which limited the refund of overpaid ICMS-ST starting in 2016.

The understanding adopted by the superior court allows taxpayers to recover amounts overpaid in relation to ICMS-ST (Tax on Circulation of Goods and Services - Tax Substitution) from the last 5 (five) years, which was prohibited by CAT 14 communication from SEFAZ-SP (São Paulo State Finance Department).

Source: Economic Value

News commented on by Michel Pereira, Lawyer, graduated in Law in2009 by FMU/SP. Areas of Expertise: Customs Law, Tax Law, and Corporate Law, OAB (Brazilian Bar Association): 295.435 .

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