Court drops charges of ICMS on Internet servicesAction was filed by Marcelo Ramos 2013 and internet will be 20% cheapest.
The Court of the State of Amazonas Justice (TJ-AM) thought, on Tuesday (20), unconstitutional to charge ICMS on Internet services. The direct action of unconstitutionality (ADIN) It was filed on 2013, by the then state deputy and now candidate for mayor of Manaus, Marcelo Ramos. "It's an old fight mine for a cheaper internet and now we came out victorious with the court's decision", celebrated Marcelo Ramos.
The decision will directly reflect the cost of data transmission services, such as mobile internet and broadband, whose prices will be up to 20% lower. "This is important for the average user, for companies that have the internet as an indispensable tool. It is an achievement for someone who has always dedicated their mandates to good causes of Amazonian people ", said.
The judgment of ADIN was delayed by more than eight times, Marcelo but never gave up closely monitor all the proceedings.
Marcelo Ramos always was sure that victory ADIN due to the Precedent No. 334 the Superior Court of Justice (STJ), which states that VAT is not levied on the service of Internet access providers. "I did not expect another decision of the Court because the statement of the content clearly defined not focus ICMS on Internet access service", said Marcelo Ramos.
according to Marcelo, STJ understands that Internet service providers are not communications services, but value-added services is the activity that adds to a telecommunications service that gives you support and which not to be confused. Like this, as Internet providers only incorporate facilities to an existing service, they are not users and telecommunications service providers, not subject to ICMS. "Therefore, It is evident that incabível the incidence of ICMS on the internet service ", He emphasized the former deputy.
The Government of Amazonas has come charging 30% ICMS up Internet services, but today the rate is 20%. The ADIN process number is 4004083-52.2013.8.04.0000.