Post by account_disabled on Mar 13, 2024 2:13:05 GMT -5
The Brazilian Association of Soy Producers (Aprosoja/Brazil) questions in the Federal Supreme Court changes promoted in State Law 8,246/2005 of Maranhão that established a contribution of 1.8% on the value of a ton of soybeans, corn, millet and sorghum to constitute the Fund State for Industrial and Infrastructure Development.
ADI at the STF questions contribution on the value of a ton of grain in Maranhão
The entity is the author of a direct B2B Lead unconstitutionality action in which it argues that the legislative changes condition the granting of ICMS tax benefits on the special regime for exports to the payment of the contribution.
According to Aprosoja, the condition imposed by the rule violates the constitutional provisions relating to property rights and ICMS tax immunity for export operations. The association adds that, without there being a direct relationship between the benefit to be obtained and the payment due for the operation, the issue is subject to the logic of confiscation.
The entity requests that the questioned provisions be declared unconstitutional and, alternatively, that they be interpreted in accordance with the Federal Constitution to prevent the charging of 1.8% on the ton destined for export through seaports, as at least 50% of the production of soybeans from the Northeast, produced in Maranhão and Piauí, are transported through the Port of Itaqui, in São Luís.
The action's rapporteur is minister Gilmar Mendes. With information from the STF press office.