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The Legislative Assembly of Mato Grosso Overturned the Veto That Taxed the State’s Solar Energy, and the Government Will Accept the Decision Without Going to Court
On Wednesday (30), the Legislative Assembly of Mato Grosso (ALMT) overturned the veto on the project that proposes the levy of ICMS (Tax on Circulation of Goods and Services) by the Government on the state’s solar energy, with 14 votes in favor and 9 against.
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Among the deputies who voted against the tax is Gilberto Cattani (PSL), who claims that charging for solar energy goes against the consumers’ intent in installing the system. According to him, when consumers install the solar energy system to reduce costs, they purchase that product, and the assembly is completely against charging for the sun and that this tax falls on the shoulders of consumers.
Carlos Avallone of PSDB stated that a fee is necessary for monitoring the energy generated in the state and that the excess is sent to the electrical grid. He claims that the electricity generated during the day is greater than what is consumed, so what the consumer produces goes to the grid, and that is what is being charged. By overturning the veto, it suggests that the AL does not intend to charge anything for distribution, generation, and transmission.
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Government Accepts AL Decision Without Resorting to Court
The Chief Secretary of the Civil House, Mauro Carvalho, states that the government intends to accept the AL’s decision and will not take legal action to maintain the ICMS on solar energy.
He makes it clear that he has always been in favor of the tax benefit and even went to Confaz to request authorization, but they did not achieve unanimity. Therefore, the government will comply with the law approved by the Assembly without resorting to court, adhering to what the majority of deputies decided.
Bill Prohibiting the Charge on Solar Energy in Mato Grosso
The bill, authored by Deputy Faissal Calil, modifies the end of Article 37 of Complementary Law 631/2019 regarding the exemption of solar energy. The project was approved on May 26 with 17 votes in favor.
The Constitution, Justice and Writing Commission had given a contrary opinion, as it encroached on the state of Mato Grosso’s competency. According to Faissal, at that time, consumers were tired of paying so many taxes, and we are facing a major water crisis and potentially an energy crisis. At a time like this, the government should not focus solely on revenue.
According to the bill’s author, the proposal corrects the legal text that provided the exemption in 2019. The charging on solar energy has been occurring since March, and since then, Mato Grosso has generated approximately R$ 3 million in revenue.
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