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Mariana Ferreira Analyzes The Impacts Of The Monophase ICMS Taxation On The Fuel Market
After a long wait, the fuel sector finally witnessed the implementation of the monophase ICMS regime, as established by Supplementary Law No. 192/2022, in effect since May 1, 2023. This move, awaited for twenty years since the enactment of Constitutional Amendment 33/2001, represents a significant change in the tax model, promising to simplify and bring more transparency and efficiency to revenue collection. Mariana Ferreira, a tax lawyer at Murayama, Affonso Ferreira e Mota Advogados, highlights this evolution as a milestone for the rationalization of taxation, with the potential to boost the competitiveness of the sector and reduce litigation.
Simplification And Challenges Of The New Regime
The introduced monophase system allows the ICMS to be charged only once, directly from the fuel producer or importer, with uniform rates across the country. This method aims not only to simplify the complex tax regime of the sector but also to ensure greater neutrality and clarity for taxpayers and society. However, despite these advantages, the lawyer points out a significant fragility: the instability of the rates and the direct impacts on prices for the end consumer.
The Issue Of Legal Security And Its Impact On Consumers
With less than two years since the adoption of the monophase regime, we have already observed changes to the initial rules. Supplementary Law No. 201, from October 2023, has relaxed the schedule for adjusting rates, allowing for more frequent changes. This alteration resulted in an increase in ICMS rates for gasoline, diesel, and cooking gas, effective from February 1, 2024. These changes, according to Ferreira, move the regime away from the desired tax neutrality and legal security, directly impacting consumers’ wallets.
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The adjustments in rates lead to an increase in fuel prices, with gasoline rising to R$ 5.71 per liter, diesel S-10 exceeding R$ 6 per liter, and cooking gas reaching R$ 103.6 per 13-kilogram cylinder. These increases reflect the difficulties in maintaining predictability and stability in the sector, challenging both the market and consumers.
Lawyer Mariana Ferreira emphasizes that despite the initially positive intentions of the monophase ICMS regime for fuels, practice has revealed complications that undermine the effectiveness of the measure. The volatility of rates, aggravated by recent legislative changes, calls into question the regime’s ability to provide the legal security and predictability so necessary for the sector and its consumers. The reality, therefore, shows that the path to efficient and balanced taxation still faces significant obstacles, challenging lawmakers, companies, and society to seek solutions that reconcile economic interests with fiscal justice.
Source: Raquel Valente.
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