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Government of São Paulo now authorizes ICMS credit in case of returned merchandise regardless of the reason

Source portal.fazenda.sp.gov.br

Unofficial translation:

The State of São Paulo issued Decree 64.772 / 2020, published in the Official Gazette of the State of Wednesday (5), which alters the Tax Regulation on Operations Relating to the Circulation of Goods and on the Provision of Interstate and Intermunicipal Transport Services and Communication – RICMS.

The decree added § 16 to article 61 of the RICMS to allow the establishment that receives returned goods, regardless of the reason for which the goods were returned, to receive credit for the amount of tax previously charged at the time of their departure. The right to credit also does not depend on whether the return was made by an individual or a legal entity.

The change met the request of several sectors, since, until then, in the return operations carried out by a final consumer not a contributor to the ICMS, credit was only allowed when it came to exchange or guarantee.

The measure stems from the effective commitment of the State Government to promote concrete initiatives to improve tax legislation, contributing to improving the business environment.

 

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