Compliance Alert - New table of fuels subject to single-phase ICMS taxation

Update: Compliance Alert - New table of fuels subject to single-phase ICMS taxation
Date: 2024-02-27

On 23 February 2024, the NF-e Portal published version 1.02 of Technical Note 2023.003 disclosing the update of the Table of Fuels subject to single-phase ICMS Taxation and new values of the ad rem rate to be applied as of 1 March 2024.

This document is part of the fiscal compliance obligations of companies in the fuel distribution and resale sector. The update includes values of the ad rem rates for gasoline, diesel, and LPG. The measure aligns with the new fuel taxation framework approved by the National Congress in 2023.

Issuance of NF-e and NFC-e

The Table of Fuels subject to single-phase ICMS taxation to be used in NF-e/NFC-e (models 55/65) authorization is published on the National NF-e Portal. It uses product codes maintained by the National Petroleum Agency (ANP).

Ad Rem Rate

Previously, ICMS (tax on circulation of goods and services) was levied as a percentage of the total price defined by each federal unit. Right now, it is charged as a fixed value per litter. The change to the ad rem rate was established by Complementary Law 192/2022 and came into effect in May 2023.

Implementation timelines

Approval environment (company testing environment): 26 February 2024.

Production Environment: 1 March 2024.

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