Administrators can be fined up to R $ 50 million if they do not send ICMS payments to prospects, according to Anatel; know | Economy


The resolution in a precautionary measure was issued on Tuesday night time (20) by the division. The assertion was made this Wednesday (21). The discover within the “Official Gazette” continues to be being learn, scheduled for this Thursday (22), the process will start.

Know, level out, Anatel’s resolution:

What did Anatel determine to the cellphone corporations?

The agency determined to the suppliers of cellular companies – corporations similar to Claro, TIM, OI, Vivo, and others – to shortly switch to their prospects the discount of ICMS charges, a tax of the federal government.

Why did Anatel determine?

Because Support Law No. 194, of June 23, 2022, restricted the ICMS price imposed on important companies similar to telephones to 17% or 18%, relying on the state. ICMS is a authorities tax and customarily has greater charges.

However, the discount ensuing from the speed reduce has not but been totally handed on to customers. In different phrases, according to Anatel, corporations will acquire much less tax, however the low cost will not be handed on to the client, who will obtain a “zero” profit.

What is the deadline for corporations to submit a wage supply?

The interval is 15 days, calculated from the publication of the warning within the “Official Gazette”. The precautionary measure ought to be revealed within the Thursday (22) version of the DOU.

Should corporations supply retroactive migration?

Yes. According to Anatel, the measures should be taken inside a interval of 15 days, counted from the publication within the “Official Gazette”, with retroactive results to the date of publication of the Attachment Act.

Can corporations supply extra companies in alternate for a premium?

Nope. According to the advisor Emmanoel Campelo, from Anatel, providing extra companies to pay for migration is unreasonable and unacceptable by the company.

Does Anatel monitor compliance with the decision?

Yes. Complaints registered in Anatel’s service channels additionally help this monitoring, as well as to the knowledge offered by the businesses.

What is the penalty for a corporation that does not supply a reduction to the client?

Failure to comply will end in fines of up to R$50 million, according to federal rules.

Does the precautionary measure cowl all cellular service suppliers?

Nope. The ruling does not apply to corporations that opted for the easy tax methodology, Simples Nacional, as these corporations have a decrease burden and have been not affected by the Supplementary Law 194/2022.

What low cost can the client get on their mortgage and switch?

It is dependent upon the kind of service and plan contracted, as well as to the state. In basic and on common, the discount can be from 10% to 11%, in Anatel’s calculations. But, once more, it varies from buyer to buyer, the company mentioned.

What do the most important cellphone corporations say?

Conexis, which represents the principle communication corporations, mentioned that “on this ICMS problem, the businesses are responding individually”. O g1 discover the principle suppliers and watch for them to come again.

Vivo mentioned it “confirms that the discount of the ICMS tax burden will be handed on to the buyer. The technical growth of the multi-system and on-board processor began in July, when the primary governments to announce the brand new charges. of debt restructuring till the tip of November.”

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