Reforma tributária: uma simulação do impacto da mudança da sistemática na arrecadação do ICMS no Estado do Amapá nos exercícios de 2005 a 2008

Abstract

There have been discussions among Brazilian legislators regarding the Tax legislation, seeking for alternatives to simplify it. Concerning the Brazilian state tax over the Circulation of Goods and Interstate and Intercity Transportation Services and Communication (ICMS), the current discussion focus on the necessity of redistributing the collected tax over interstate transactions. In this context, the federal government sent to the Congress a Proposal for a Constitutional Amendment (PEC 233/08), suggesting changes in the way the ICMS is collected. One of the most relevant changes is focused on the transference of the tax due by the taxpayer in a given State (origin) to the Buyer State (Destiny). The aim of this work is to analyze and validate the hypothesis that the State of Amapa, by being a liquid-importer state (with buying of goods above the interstate selling of goods) will have a positive impact in its collection of the ICMS tax. To carry out this work, it was obtained data from the Amapa State Revenue regarding the interstate collection of the ICMS, between 2005 and 2008. It was realized some simulations with such data, by means of the PEC 233/08 policies, to estimate the new balance calculation of ICMS and it was compared with the balance regulated by the current legislation. According to the methodological typology, this research is exploratory and descriptive as to its purpose, and documental and bibliographic concerning to its means, with a quantitative and qualitative approach of the matter. The results obtained indicate that in the analyzed years, between 2005 and 2008, the balance calculation over the current collection system shows the feature of credit balance, while by means of the simulation, and if adopted the criteria established by the PEC 233/08, the calculated balance assumes a debit condition. Thus, it can be concluded that the State of Amapa will have a positive impact in the collection of the ICMS tax for interstate transactions.