COMPETE-ES

Incentive to the implantation of distribution centers of the ES

In order to encourage the distribution of goods through our state, once we are in a privileged geographical location, a legal device has been created that allows wholesale distribution companies to settle here, more commonly known as Distribution Centers – CDs, the payment of only 1% of ICMS in interstate operations to other taxpayers on the basis of calculation in their Exit Tax Notes.

That is, the state grants a discount to the new wholesalers in such a way that, effectively, the ICMS tax burden on their exits, again emphasizing that such outflows should be for ICMS taxpayers, results in only 1%.

This article is about brief commentary on the already cited tax benefit, bringing macro information.

Accordingly, we highlight the operations that can not be carried out under the protection of such incentive, according to § 3 of article 530 L-R-B of RICMS-ES, namely:

with coffee, electric power, lubricants, liquid and gaseous fuels, petroleum derivatives and non-petroleum, and interstate and intermunicipal transportation and communication services;

which destines goods or goods to the final consumer;

subject to the tax substitution regime; or

under Law No. 2,508 of 1970.

The paragraph, described above, deals with goods imported under the auspices of FUNDAP. Therefore, in case the Distribution Center acquires its merchandise from a Fundapiana company, this CD will not be entitled to use this incentive.

It should not be forgotten that the fact that the state grants a presumed ICMS credit generates a financial gain for the CD and that such gain should follow the federal tax rules.

The legal basis for this type of benefit is contained in the RICMS-ES, specifically in its article 530 L-R-B.

This is another incentive granted by our state in order to foster Espírito Santo economy with a focus on our so-propagated geographical location and large industries from other states are already benefiting by paying only 1% ICMS on their respective outputs.

In times of crisis, where the monetary shortage is the reality, with companies working with declining profit margins an incentive of this size can not be disregarded and, as I have said several times, entrepreneurs and consultants should be attentive to every possible opportunity for gain.