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The ICMS on Solar Energy in MT Has Been Repealed by Lawmakers. The Correction of an Error in the Wording of the Old Text Opened Avenues for Unscrupulous Interpretations.
In the first vote, the Legislative Assembly of Mato Grosso (ALMT) approved the repeal of the tax on the Tax on Circulation of Goods and Services (ICMS) on solar energy in Mato Grosso (MT).
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About the Vote on the ICMS Charge on Solar Energy
Presented this Wednesday (28) by State Representative Faissal Calil at ALMT, the Draft of Complementary Law No. 18/2021, which changes the text approved by the House in 2019 regarding the ICMS charge on solar energy, the parliamentarian’s proposal suggests this change after users pointed out that the tax was included in their electricity bills for the month of April.
At ALMT, the text repealing the ICMS charge was approved unanimously. Faissal stated on the podium that the utility responsible for the distribution of electricity in Mato Grosso (MT) had prompted the state government to impose the ICMS tax on consumers who use solar energy, which is reflected in energy tariffs.
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Senator’s Words Regarding Energisa’s Provocation
In 2019, at the time of the law’s approval, there was a drafting error, leaving loopholes for unscrupulous interpretations, and in April of this year (2021), the state government began taxing solar energy equipment, at the instigation of Energisa.
“This is a disorder, and we cannot let this continue happening,” Faissal stated. Therefore, this provision will be amended so that Parliament does not become a hostage of Confaz (National Council of Fiscal Policy). The bill ensuring the exemption of ICMS for solar energy was approved, considering that all lawmakers from Mato Grosso (MT) oppose taxing solar energy.
The new text merely corrects and clarifies the old one, preventing other interpretations or the benefit of a specific category. Faissal also stated that the state government of MT must approve the new ICMS text; otherwise, it will be understood that the entities approve the undue taxation.
The Potential of MT Regarding Solar Energy
The northeastern region of Mato Grosso (MT) is an area that has a high rate of insolation for solar energy, according to studies conducted. However, the region accounts for only 6.35% of the GDP, with 22 municipalities and approximately 248,000 inhabitants, as well as an income of approximately R$ 37,000, which is below the average for states. Despite these disadvantages, the state is considered rich in renewable energy sources, especially solar energy, as it is located in the Midwest of Brazil.
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