It was published on Official Journal of the Union (DOU), this Tuesday (28), norm that governs the return of taxes improperly collected by public service providers of electric energy distribution.
The measure, sanctioned by President Jair Bolsonaro (PL), will allow a reduction in the electricity bill with the return of tax credits charged to consumers. The bill was approved in Congress on June 7 and is part of the congressional effort to reduce energy and fuel prices.
According to data from the National Electric Energy Agency (Aneel), the full refund of PIS/Cofins tax credits improperly charged has an average potential reduction impact of 5.2%.
The measure has already been adopted by the agency since 2020 in the tariff readjustment processes, but the assessment is that the approval of a bill gives more legal certainty for the use of resources.
The amounts refer to the collection of ICMS on the basis of PIS/Cofins overpaid by Brazilians on electricity bills in recent years, recognized as improper by the Federal Supreme Court (STF).
Of the BRL 60 billion in credits generated with the decision — referring to lawsuits filed by distributors — BRL 48.3 billion are already authorized by the Federal Revenue, of which BRL 12.7 billion has already been reversed to mitigate tariff readjustments in recent years. years old.
The text of the law says that, in full, “for the benefit of users of public services affected in the respective concession or permission area, the amounts subject to repetition of undue payments by electric energy distributors due to overpayment, on the occasion of changes regulations or administrative or judicial decisions that imply a reduction in any taxes, except for those levied on income and profit”.