Furthermore the contracts required for admission

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The regime, as we have seen, are not consistent with the transfer of ownership of the imported good. In this way, they move away from the field of incidence of ICMS—importation, recommending that all imports via temporary admission for economic use are taxable by state taxation. The Federal Supreme Court has already established in the judgment of RE No. 540.829/SP, Theme 297 [6] , the precise contours of the legitimate requirement of ICMS—importation with regard to the underlying international contracts.

The type of judgment dealt with international financial leasing and the Supreme Court recognized the indispensability of transferring ownership of the imported good to the importer in order to legitimize the imposition of ICMS. In strict compliance with the limits established by the interpreter of the Constitution, it is not EX Mobile Phone Numbers legitimate for the states, in the face of a temporary admission for economic use, to charge the ICMS either in its entirety or in proportionality following the federal deal. Another highlight of the regime refers to the interest required in its extension, as provided for in article.



The requirement is based on the assumption that the triggering event occurred on the date of registration of the DI at the beginning of the regime. If, say, after 24 months of this registration the temporary stay contract is extended for another months, the importer will be subject to proportional taxes with the addition of late payment interest calculated from the date the regime began. Repeated court decisions rule out the legality of this charge [7] . Among the arguments are the lack of legal basis in article 79, of Law no. absence of provision in RA/09 and the absence of delay on the part of the importer giving rise to the application of article 161 of the CTN, as taxation is suspended, therefore the fair hypothesis for the incidence of interest does not arise.