On Tuesday (17) it is scheduled to vote in the Legislative Assembly of Pernambuco (Aleppe) on the bill defining the return of the collection of the State Fiscal Balance Fund (FEEF), sent by the state government on the last day 06. Created in 2016, on a temporary basis, but Renewed every two years, its last term expired on December 31, 2022 and was not renewed by Governor Paulo Camara, the predecessor of the current administration. However, the PL sent to Alepe has a retroactive effect on the charge, dated January 1, 2023 – which APETECI mobilized – Associação Pernambucana de Tradings e Empresas Comerciales Importadas e Exportadoras – to request a change in the text.
The association representing calls trading companies, argues that all imports invoiced from January 1st onwards did not expect to be charged a FEEF fee, which would normally be passed on to the buying company. According to APETECI, applying the charge retrospectively would result in serious damages and contractual insecurity for these operations.
“We do not intend to prevent the renewal of the charge, but instead draw the attention of the government to the operational and economic disruptions involved in this charge backdated to January 1st. Our claim is that the FEEF passes, due to the need for collection, says Silvio Limongi, Director of APETECI. However, it is effective from the date of publication of the new law.
In a memorandum, the Confederation of Industries of the state of Pernambuco, Fiepe, also took a position on reinstating the FEEF group: According to the Industrial Policy of Pernambuco drawn up by FIEPE to deliver to Governor Raquel Lira, the industrial entities of Pernambuco stand against tax increases and the extension of the State Fund for Fiscal Equilibrium of Pernambuco. However, in light of the emergency presented by the government’s economic team, FIEPE and CIEPE understand the justification for extending the FEEF for a maximum period of one year.
On Monday (16th), APETECI sent a note to the State Economic Development Secretariat requesting a change in the billing date. To date, the Secretariat has not issued a response to the Assembly’s request.
Check out the full note from APETECI below:
Pernambuco Association of Trade, Importers and Exporters Trade – APETECI, legal entity governed by private law, registered in CNPJ / MF under No. 42.617.445 / 0001-65, domiciled at Avenida Vinte de Janeiro, nº 1019, Galpão B, Caixa come mail 0072, Boa Viagem , Recife-PE, CEP 51.130-120, Ilma accepted this. Authority, providing information and arguments related to the topic given below:
This is a claim submitted by the Pernambuco Association of Trade and Import Business Companies – APETECI, with the aim of presenting arguments to this taxing authority relating to Ordinary Project No. 3842/2023.
The first argument relates to the legal issue surrounding the issue. It is worth noting that the European Renewable Energy Federation (FEEF), originally established by Law No. 15.865/2016, was in force until December 31, 2022.
After that date, on January 6, 2023, the Hon. Ms. The Governor of Pernambuco the aforementioned bill, that is, after losing the validity of the rule that established the FEEF. Given this fact, it is assumed that there can be no change in the above rule, but a new standard dealing with a “new FEEF”.
It should be noted that the new rule must also take into account both the 90-year tax and the annual tax, since FEEF is configured as an additional fee for ICMS, having the same legal characteristics as the tax indicated.
In imports on account and order, importing trading companies, known as Tradings, provide logistical and customs advisory services to companies purchasing imported goods. All financial resources of the operation are
Provided by the buyer, which offers negotiable amounts to make payments. Once customs clearance is complete, Trading is responsible for issuing invoices, entering the goods into their own inventory and then releasing them to the acquiring company’s inventory. At this point, the trader calculates the financial advance received, and returns the excess amount or
Charge the remaining balance due. With that the process is closed for both
When imports are made using a tax incentive subject to a FEEF payment (PEAP or PRODEPE-Import), the value of that obligation, which will be subsequently collected by Trading, becomes part of the list of import expenses. In this way, the acquiring company actually submits the FEEF for the trade, along with the amount needed to pay taxes, fees, and other expenses for the operation.
In the financial scope, since it is an expense that incorporates the cost of the import operation, the FEEF value forms the basis for calculating the IPI on the Trading Invoice issued to the Buyer. Thus, it also consolidates the total value of the invoice issued. Once the operation is performed without FEEF occurring, this amount is not taken into account. However, the subsequent collection due to a change in the law retroactively makes the calculation and collection of the IPI incorrect, forcing
Trading to return all invoice bills.
With respect to the operational scope, both for the acquiring company and for the trade, the subsequent change in expenditure requires the reopening of purchases already examined and submitted by the respective segments. For each import, a new payment request flow (FEEF amount and IPI difference) and accountability is required.
With regard to the financial aspect, the occurrence of unforeseen expenses breaks the security flow of the operation, which is carried out entirely with the financial resources of the acquiring company. This is because in their normal flow, commodities are nationalized and sent to the buyer only when the circulation possesses the sum necessary to pay all the expenses of the operation, even those due on maturity.
The future is like FEEF. However, if the obligation to collect the FEEF arises after the transaction has been executed and the goods released to the buyer, trading will be disclosed in connection with the receipt of that amount. Knowing that the nature of the relationship between Trading and Buyer is to provide services in advance of funds, there is no credit analysis on the part of Trading clients
It gives you a guarantee of receiving value in the future.
Thus, both from a legal point of view and from a practical point of view, the intent to retroactively affect the effects of a possible renewal of FEEF could cause related problems, including the distortion of said project with illegality. Therefore, based on all of the above, it is required to be
The above arguments when analyzing Ordinary Law No. 3842/2023.
APETECI is also at the full disposal of these Ilmas. Authorities to provide assistance and clarifications that cooperate with the work done.
APETECI – Association of Pernambuco Trade and Commercial Importers and Exporters
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