The minister Luís Roberto Barrosopresident of the Federal Supreme Court (STF), asked for a review (more time for analysis) in the judgment that will define the fate of billions of reais in tax credits in the electricity and natural gas sector resulting from the “thesis of the century”.
and was suspended later that same day.
There is already a majority of seven votes to determine that the credits be passed on to consumers, via a discount on the energy tariff, and not remain with the distributors.
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There is also a majority of six votes to define that there will be some limitation on consumers’ right to refund the tax paid, but there are still disagreements about the deadline.
Four ministers voted for the 10-year statute of limitations (Alexandre de Moraes, Cristiano Zanin, Kássio Nunes Marques and Dias Toffoli), two voted to define the statute of limitations at 5 years (Luiz Fux and André Mendonça) and one argued that there is no statute of limitations ( Flávio Dino).
“Thesis of the century”
The start of this period has not yet been detailed by ministers. It could be, for example, the date of the “thesis of the century” trial, in March 2017. It was on that date that the STF determined the exclusion of ICMS from the PIS/Cofins base and ordered the Union to return taxes unduly paid by companies that filed lawsuits in court.
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It can also be the date of filing of each action in which the distributors requested the refund of the excess tax paid.
Another option for the starting point for this period is the date of enactment of the law questioned in the Supreme Court – that is, June 27, 2022. The rule, contested by the Brazilian Association of Electric Energy Distributors (Abradee), gives the National Electric Energy Agency (Aneel) the task of promoting the full allocation of credits to benefits consumers, through tariff reductions.
In the electricity sector, the total value of tax credits resulting from the thesis of the century is R$62 billion, and around R$43 billion has already been transferred through the tariff, according to Aneel.
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