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STF Prohibits Retroactive ICMS Collection on Intra-Company Transfers Before 2024

    STF ruled that states cannot retroactively collect ICMS tax on transfers between company establishments before 2024
    The decision was made in Extraordinary Appeal 1,490,708 under Theme 1367 with Minister Dias Toffoli leading the opinion
    The ruling rejected claims from states including São Paulo that sought to collect this tax retroactively
    The court determined that ADC 49 modulation does not authorize retroactive ICMS collection on inter establishment transfers
    This applies specifically to goods transfers between establishments of the same company prior to 2024

Source: klalaw.com.br

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.



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