Tax exemption projects for the energy sector face difficulties in Congress

Many proposals already have their opinions, but their processing has not yet been completed.
Tax exemption projects for the energy sector face difficulties in Congress
Photo: Roque de Sá/Agência Senado

Some bills considered strategic for the new energy sector have had difficulty advancing in the Legislative Branch. With opinions for rejection already announced, the bills may even be approved and continue to be processed, but this is not what is commonly seen in the corridors of the National Congress.

The most striking case is the PL 1.583 / 2024. Authored by Congressman Caveira (PL-PA), the bill deals with the exemption from II (import tax) for solar s classified under codes 8541.42 and 8541.43.00, according to the NCM (Common Nomenclature of Mercosur). Since the beginning of the year, assembled s have been subject to a rate of 10,8%.

Na Mines and Energy Commission of the Chamber of Deputies, the matter fell to the rapporteur Samuel Viana (Republicans-MG), who issued an opinion in favor of rejection. The parliamentarian claimed that the collection of the tax would be a strategy of the federal government to “value and preserve Brazilian industry”. He recalled that 99% of solar s come from China, and in 2022 imports totaled more than US$ 5 billion.

Viana's report has been ready to be included on the committee's agenda since August, but due to the municipal elections, there is still no date for the next meeting. The committee should also soon evaluate Bill 3.864/2023, which provides for the collection of financial compensation from wind and solar energy generators.

Authored by Congressman Bacelar (PV-BA), deputy leader of the Government in the Chamber of Deputies, the bill stipulates a 7% compensation on the value of the electricity produced. However, the rapporteur, Congressman Gabriel Nunes (PSD-BA), considered that the matter “opposes the strong policy of incentives and tax benefits that the various entities of the federation have adopted to favor the generation of electricity from wind and solar sources”, thus giving a negative opinion.

Other agendas are hibernating in the Mines and Energy Committee while the rapporteurs do not take a position. This is the case of Bill 764/2024, which deals with the exemption from II (import tax) of materials and products used for the implementation of photovoltaic energy systems for lighting in the Public istration.

Another example is Bill 752/2024, which allows the deduction of expenses with equipment for generating electricity from renewable sources from the IRPF (Individual Income Tax) calculation base. The rapporteurs for both (Sidney Leite, from PSD-AM, and Keniston Braga, from MDB-PA, respectively) were appointed to the role in April, but almost six months later they have not yet presented their opinions.

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Photo by Manoel Guimarães
Manoel Guimarães
He worked as a reporter, radio announcer and communications advisor. ages in newsrooms and the three Powers of the Republic. He has been following the electricity sector since 2016.

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