The State Decree no. 45.339/2015 which lays down the rules for concession of deferral of the ICMS payment in operations of acquisition of goods for fixed assets in implementation of offshore naval base projects in Rio de Janeiro has been recently published.
The benefit is applicable in the following cases:
- imports of machinery, equipment, parts, pieces, and accessories intended to its fixed asset, provided that they are imported and cleared through customs in Rio de Janeiro's ports or airports;
- acquisition within the State of Rio de Janeiro of machinery, equipment, parts, pieces, and accessories to be included in its fixed asset
- Interstate acquisition of machinery, equipment, parts, pieces, and accessories to be included in their fixed asset in relation to the difference between tax rates;
The decree sets out in these cases that the ICMS shall be paid on the occasion of the disposition or eventual exit of the respective goods, taking as tax base the value of the disposition.
The taxpayer who wishes to enjoy referred benefit must submit a consultation letter to the Company of Industrial Development of the State of Rio de Janeiro (CODIN), which, after analysis, will submit the requests deemed viable for approval to the Standing Committee on Policies for the Development of the State of Rio de Janeiro - CPPDE. There referred decree does not define which projects can be classified as offshore naval base.
The taxpayers who are not in good standing with the tax register of the State of Rio de Janeiro, or have debts with the State Treasury will not be entitled to claim such benefit, unless the enforceability of such debts has been suspended, or should they have an environmental liability.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.