The National Telecommunications Agency (Anatel) ordered telecommunications service providers to pass on to customers the reduction in ICMS rates, according to a statement from the municipality this Wednesday (21).
The determination follows Complementary Law No. 194 enacted in June this year, which established a ceiling for ICMS rates on the fuel, gas, energy, communications and public transport sectors.
In the order on the decision, the regulatory agency cited information that telecommunications companies had not yet passed on the changes to consumers.
According to Anatel, measures to reduce the tax must be adopted within a period of up to 15 days, with retroactive effect to the date of publication of the Complementary Law; and non-compliance can result in a fine of up to 50 million reais.
The regulatory agency stated that the determination does not apply to telecommunications service providers covered by a tax regime that does not imply a reduction in the ICMS rate, such as Simples.
THE CNN contacted the main operators in the country to comment on the decision.
Vivo stated that “it reinforces that the reduction in the ICMS tax burden will be passed on to the consumer”. “Within this scenario, by September approximately 80% of customers should already be impacted with the reduction of amounts in the system, maintaining the processing of the invoice adjustment until the limit of the month of November.
Additionally, compensation will be made for the amounts referring to the reduction of taxes that could not be done immediately.
Claro replied that it “reaffirms its commitment to fully pass on to its customers the benefit of the ICMS reduction, resulting from Complementary Law No. 194/2022”.
He also added that “clients have already started to have the tax reduction passed on and, between September and November, they will receive a retroactive discount referring to the period of adjustments in the systems”.
Tim has yet to respond to a request for comment.
*With information from Reuters
Source: CNN Brasil

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