ICMS Tax Credit on the Acquisition of “Fixed Assets” on Concession Agreements and Technical Interpretation ICPC No. 01 (R1)

Abstract

In this article, it will investigate the possibility of appropriating ICMS credit for the acquisition of “permanent assets”, pursuant to art. 20 of Complementary Law no. 87 of 1996, relating to the goods that make up an infrastructure linked to the exploitation of public services under a service concession arrangement. As will be reduced, the accounting discipline of ICPC No. 01 (R1), which determined that the constitution of assets be registered as “intangible assets” or “financial assets”, depending on the form of amortization of the investment costs incurred by the operator, as well as the regime of reversibility of goods to the grantor authority after the end of the concession’s exploitation, are not an impediment to restrict the right to tax credit, as long as such goods are acquired in taxed operations and are used in the taxpayer’s.