Superior Court Of Justice Judges ICMS Calculation Basis Related To The Sale Of Medicines To Hospitals

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During a session on February 23, 2016, three out of five ministers from the 1st Panel of STJ voted in favor of the use of a different ICMS calculation basis on the sale of medicines to hospitals.
Brazil Tax

During a session on February 23, 2016, three out of five ministers from the 1st Panel of STJ voted in favor of the use of a different ICMS calculation basis on the sale of medicines to hospitals. The discussion arose after a tax assessment from the State of Bahia claimed that the ICMS had been underpaid since the taxpayer had used lower prices than those suggested by magazines such as "ABCFarma" and "Pharmacy Guide" and the Ministry of Finance's Ordinance No. 37/92 which regulates the value of medicines sold to pharmacies.

The judgment was interrupted by a request for examination by minister Sérgio Kukina.

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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