The tax exoneration of the ICMS: an analysis from the Complementary law 87/96 / Desoneração tributária do ICMS: uma abordagem da Lei Complementar 87/96

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

The changes in the tax legislation, in special those originated from intergovernmental accordance and implemented by the Constitution 1988, culminated into strengthening of the autonomy in the states and counties. In the case of the states as prosecuting the tax reforms initiated in the 60-ies and already foreseen in the Constitution 1967, the treatment given by the Constitution 1988 is distinguished: the exoneration of ICMS on exports. So, aiming at the stimulation of the exports and the promotion of the internal investments in order to increase the national production, the Complementary Law no 87/96 was promulgated. Besides regulating the ICMS legislation, this law reduced the exportation costs of both basic and semi-manufactured products and services, besides establishing the use of the credit in acquisition of fixed assets. When considering the loss of the tax revenue levy in the States, the Union was forced to maintain a compensation fund payoff. Concerning to this aspect, it was tried to investigate the influence of this law on the exportation and fiscal result in the states. The methodology was based on the econometric paneled-data models, by using the data relative to the periods from 1991 to 2005. After implementation of the law, an increase occurred in exports mainly for commodities. In 2005, those commodities together with the semi-manufactured products were concentrated in the states of SP, MG, RS, PR and RJ. In case of the ICMS tax revenue, the growth rate was lower than it was during the law-previous period. In comparison with the reduced growth rate found in exports, this one was higher for ICMS, therefore showing a decline in the state tax revenue after its validity. Concerning to the compensatory effect of the revenue insurance/budget fund, the states whose export line is concentrated on the basic and semi-manufactured products showed higher losses. However, the compensation occurred in the total repassed to the states by the Union. In general, this fact leads to the conclusion that the general objective of the Complementary Law 87/96 towards the acceleration of the export growths was reached, as well as the repassing to the states. However, there is a need for reviewing its distribution, since some states showed loss.

ASSUNTO(S)

icms taxation tributação icms lei complementar 87/96 complementary law 87/96 administracao

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