The Investment Incentive Program in the State of ES - INVEST-ES, was updated in 2016, being based on Law 10.550, published in the DOE of 01/07/2016.
This Law deals with the Invest program as a whole, that is, both the Invest that we call “Industry” and the Invest “Import”.
This text deals only with Invest Indústria, since Invest Importação has already been the subject of another matter, namely: https://www.oliricacunha.com.br/br/invest-es-importacao-4
The objective of this incentive (to industries) is to promote the development of this sector, its expansion, modernization and diversification, with an emphasis on the generation of jobs and income and decentralization of investments, since it stimulates the implantation of new manufacturing units outside the area Grande Vitória, because depending on the municipality in which the company is to be installed, a percentage reduction in ICMS can be granted, different from that normally granted for the Metropolitan Region.
The Invest Committee will analyze the project, for the granting of benefits in percentages above those normally granted (presumed credit of 70% - seventy percent and reduction of the calculation base of 70% - seventy percent) taking into account the nature of the activity; the location of the project - as already mentioned in the paragraph above, if there is a similar product in ES and the competitiveness with similar industry from another UF.
This is a benefit related to the ICMS resulting from operations carried out by companies in the industrial segment and aims to provide a tax reduction in the payment of this tax, providing greater competitiveness for products made in ES in relation to those of the other Federation Units, bringing about a decentralization of the national economy, today very concentrated in the southern and southeastern states of our country, mainly in SP.
Who can benefit from such a program are companies that will undertake new ventures or, in the case of already existing companies, that will present projects for expansion, modernization or diversification of their industrial park.
1) Deferment of ICMS payment:
1.1) On the import operations of machinery and equipment, provided they are for integration into the company's fixed assets;
1.2) The differential rates applied to the acquisition of other units of the federation, of machinery and equipment intended for integration into the company's fixed assets;
1.3) On the import operations of inputs and raw materials, provided that they are used exclusively by the importing industrial establishment (beneficiary of this program). It is deferred until the products leave due to their industrialization;
1.4) On the internal outputs of machines and equipment for integration into fixed assets, intended for Invest companies;
1.5) On acquisitions, in the domestic market of raw materials and inputs, provided that they are used exclusively by the importing industrial establishment (beneficiary of this program). It is deferred until the products leave due to their industrialization;
2) Exemption from ICMS on operations not covered by the deferral, for goods or goods intended exclusively for the construction, expansion or expansion of the company (here the use of the benefit for acquisitions intended for the operation of the company is prohibited);
3) Presumed credit on interstate transactions, up to the limit of 70% (seventy percent) of the ICMS amount due monthly (only for the transactions included in the respective Term of Agreement);
4) Reduction of the calculation base for internal operations, up to a limit of 70% (seventy percent) of their respective value (only for the operations contained in the respective Term of Agreement);
The term for enjoying this tax incentive is 12 (twelve) years, which can be extended for the same period.
Here is a calculation example:
|Internal (*) already with incentive basis - reduced by 70%||300,000.00||90,000.00||17%||15,300.00|
|Proportion of exits||Credit Ref. Each Transaction||Limited credit 30%|
|Limited credit 30%||1,050.00||Tax payable internally|
|Credit||3,500.00||Tax calculated before presumed credit|
|70% presumed credit||22,750.00||Tax payable interstate|
To obtain this incentive, the company must submit a feasibility request and project, according to the models available on the Sedes website www.sedes.es .gov.br .
There are also listed all required documents and information as well as the legislation in its entirety.
I conclude by stating that our office offers all the services necessary to obtain Invest Indústria (we prepared spreadsheets with simulations covering all possible scenarios so that the manager can evaluate the gains and real viability of this new business), since the opening of the company here in ES (may be a new company or a Branch, including a Headquarters outside the state), with the elaboration of the Invest Industry Project to be presented to Sedes e Bandes, monitoring of its analysis by the technical team, monitoring of the Sedes / Bandes team during the technical visit, until the conclusion of the request that takes place by signing the respective Term of Agreement.