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State Law # 8,922/2020 – ICMS Exemption – Internal Transactions – Power Set-off system – Renewable Sources

06/07/2020
On July 1, 2020, the Rio de Janeiro State published State Law # 8,922/2020, granting ICMS exemption on energy transactions under the power set-off system, grounded by Suplementary Law # 160/2017, Convênio ICMS # 16/2015 and Convênio ICMS # 190/2017.

The exemption is granted on internal transactions with power supplied by distributors to individuals or legal entities with micro or mini photovoltaic solar power sources which have adhered to the power sett-off system, currently regulated by Normative Ruling # 482/2012 of the Brazilian Energy Regulatory Agency (ANEEL), as amended by Normative Ruling # 687/2015.

In this sense, State Law # 8,922/2020 revokes article 8th of Law # 7,122/2015, granting the ICMS exemption over electric energy supplied by energy distributors to consumers with photovoltaic systems, proportionally to the energy injected into the distribution system, combined with energy power set-off system generated, in the same month or previous months, by the consumer’s unit or another unit owned by the same consumer due to consumer’s renewable sources.

Let us highlight that, as set by article 4th of State Law # 8,922/2020, this ICMS exemption does not apply to the following costs: availability cost, reactive power, power demand, connection charges, and any other fees imposed by the electric power distributors. 

State Law # 8,922/2020 entered into force and effect at its date of publication and will be effective until December 31, 2032.

We are available to assist and provide any clarifications that may be necessary.

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