Contas de telefone ficam mais caras a partir deste mês após mudança no ICMS

celularO ano começou com aumento no custo da telefonia em todo o país. Decisão do Supremo Tribunal Federal (STF) determinou que as empresas de telefonia fixa e móvel recolham o Imposto sobre Circulação de Mercadorias e Serviços (ICMS) sobre o valor da assinatura básica mensal. Os valores variam de acordo com o estado e o tipo de plano oferecido pelas operadoras. As empresas de telefonia que ainda não recolhiam o imposto estão comunicando aos clientes o reajuste dos planos.

De acordo com a Agência Nacional de Telecomunicações (Anatel), não se trata de aumento de tarifa ou preço de serviços. Em nota, a agência reguladora esclarece que o reajuste dos planos básicos das concessionárias de telefonia ocorre anualmente e é homologado sem o acréscimo de impostos. O último reajuste aprovado pela Anatel foi em setembro de 2016.

O valor recolhido pelas operadoras com o imposto é repassado aos estados. A cobrança do ICMS é feita conforme regras definidas pelas secretarias de Fazenda estaduais, que definem a alíquota de ICMS que incidirá sobre os serviços de telecomunicações. Segundo o SindiTelebrasil, as prestadoras de telecomunicações apenas recolhem os tributos cobrados sobre os serviços e repassam integralmente aos cofres públicos.

“Nesse sentido, as prestadoras cumprem decisão da Justiça e dos governos estaduais, que definem as alíquotas a serem aplicadas. Cada prestadora está seguindo uma agenda adequada para informar aos clientes sobre a incidência do ICMS. Só no ano passado, foram recolhidos aos cofres estaduais R$ 34 bilhões de ICMS sobre serviços de telecomunicações”, diz a entidade em nota. De acordo com o SindiTelebrasil, a carga tributária do país é uma das maiores do mundo e representa cerca de 50% da conta dos serviços.

Segundo a Anatel, a cobrança do ICMS é obrigatória pelas empresas prestadoras de serviço de telecomunicações e o acréscimo é repassado aos consumidores, independentemente do plano adquirido.

STF

A questão chegou ao Supremo Tribunal Federal (STF) por meio de um recurso do governo do Rio Grande do Sul, que recorreu de decisão da Justiça gaúcha. No julgamento, o Tribunal de Justiça entendeu que o serviço de assinatura básica oferecido pelas operadoras aos consumidores não pode sofrer incidência do ICMS por tratar-se de um serviço complementar.

Por 7 votos a 2, seguindo voto do relator, ministro Teori Zavascki, o STF entendeu que a assinatura básica faz parte da prestação do serviço de telefonia e, dessa forma, o imposto deve ser cobrado.

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