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Senate to vote ICMS exemption for churches on Tuesday

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Senate to vote ICMS exemption for churches on Tuesday

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Proposal extending ICMS exemption for times and charities is due to be voted next Tuesday (Photo: Thinkstock)

Religious temples and charities may continue to be exempt from the ICMS tax until December 31, 2032. The proposal, a supplementary bill (PLP 55/2019) by Mrs Clarissa Garotinho ( Pros-RJ), approved in May by the deputies, may have the last vote in the Senate plenary, on Tuesday (3/12), on an urgent basis.

Last week, the House Committee on Economic Affairs (CAE) unanimously approved Senator Irajá's report (PSD-TO), in favor of the 15-year extension of the benefit. He explained that the PLP changes Supplementary Law 160, 2017. It sets deadlines of up to 15 years for exemptions, the shortest being – of one year – the general rule, in which temples and charities were framed.

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The maximum term is granted to agricultural and industrial activities and investments in road, waterway, rail, port, airport and urban transport infrastructure. "There is no justification for incentives for temples and welfare institutions to be framed in the shorter-term rule," Irajá said in his vote.

The rapporteur also clarified that the bill does not imply direct waiver of revenue, only authorizes the states to make agreements on ICMS tax incentives for temples of any cult and for charities. Representative Clarissa Garotinho (Pros-RJ) stressed that “this is not a new exemption, but only a renewal of what they already had before the complementary law”.

Churches already have tax immunity not to pay other taxes, such as Income Tax, Urban Property Tax (IPTU) and Motor Vehicle Property Tax (IPVA). If approved by the Senate plenary, the text will be for presidential sanction.

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