President Jair Bolsonaro sanctioned on Monday (28) the law that can reduce electricity bills by 5.2%, from the return of taxes collected by energy distributors. Law 14,385, of 2022, determines that the National Electric Energy Agency (Aneel) compensates, with the reduction of tariffs, the PIS/Cofins credits improperly charged from users.
PL 1,280/2022, which originated the rule, was approved by the Senate in early June. According to the author, Senator Fabio Garcia (União-MT), the STF decided that the ICMS charged to distributors should not form the basis for calculating the PIS/Cofins levied on tariffs, which enabled these companies to receive a billion-dollar refund. of the Union. But the values do not belong to the companies, but to the consumers, since the taxes, incorporated in the tariffs, are passed on to the users. As Garcia explained, the appropriation of resources by the companies represented an undue gain.
— We are here doing justice to the energy consumer, to the citizen who has unduly paid for more than 20 years, a double taxation. We are justly returning these extra amounts paid to the worker, in a regulated, organized and quick way – said the senator during the vote.
For the rapporteur, Eduardo Braga (MDB-AM), there is no doubt as to the fact that consumers should be the beneficiaries of the credits, since they were the ones who paid the contribution to PIS/Pasep and Cofins in an amount greater than they should have been charged. The total reaches almost R$ 50 billion.
— If the consumer paid a higher amount, there is no need to talk about not fully receiving the tax credits resulting from the STF decision.
Agência Senado (Reproduction authorized with reference to Agência Senado)