The Non-incidence of State and Municipal Taxes on the Carbon Credit Marketing

Abstract

Carbon credits are Certificates of Reduction of Greenhouse Gas Emissions that cause the Greenhouse Effect in the atmosphere, generated through a Clean Development Mechanism Project. The objective of the present work is to verify the possibility of incidence of State and Municipal Taxes in the carbon credit trading operations. The methodological procedures used were the description of the certification procedure for carbon credits and the way they are commercialized, and subsequently, a comparative analysis was carried out between the categories of legal nature of carbon credits disseminated by the literature, environmental commodity, financial asset, service, security and pure intangible asset, with the sale of Certified Emission Reductions. The first results presented show that the carbon credit certificate has no materiality, is not physical, and is therefore a pure intangible asset, therefore, it does not incur any state or municipal taxes in its operations.