According to the agency, companies were collecting less taxes but charging users the same amounts
THE National Telecommunications Agency (Anatel) determined that all telecommunications service providers in Brazil must immediately pass on to consumers the reduction in tax rates. ICMS. This includes the main operators in the country, such as Claro, Tim, Oi, Vivo, among others. According to Anatel, the companies were collecting less taxes but charging the consumer amounts without any reduction, which constitutes an undue advantage. Under the new law, ICMS is charged between 17 and 18%. The deadline for operators to pass on the discount to the consumer is 15 days from the publication in the Official Gazette, which took place this Thursday, 22. Non-compliance can generate a fine of up to R$ 50 million. Another determination by Anatel is that operators cannot offer additional services to cover the loss with the ICMS discount. The agency informed users that if the telephone bill does not come with the reduction of ICMS, the consumer can open a formal complaint, and the operator will have to return the amount overcharged. The only telephone operators that do not need to apply the ICMS reduction are companies that opted for the simplified tax regime, Simples Nacional, as these companies already have a reduced charge and were not affected by the new legislation that restricted the tax.
Anatel’s new determination provides for a discount of 10 to 11%, depending on the type of service and plan contracted by the consumer. The report of Young Pan News sought out the main telephone operators in the country to comment on Anatel’s measure. THE Alive informed that it will start passing on the ICMS reduction to the consumer as of this month of September. THE Hey said that it is already passing on the reduction, however the operator also informed the report that the readjustment of plans that is made annually gives the impression that the tax has not been reduced. THE clear informed that the pass-through of the ICMS drop will be applied after adjustments to the company’s system. Consumers who feel aggrieved can seek Procon to file a formal complaint against mobile operators.
*With information from reporter Maicon Mendes