The State of Rio de Janeiro issued Decree Nº 46.781/2019, with the aim of promoting foreign trade activities in Rio de Janeiro, as well as encouraging port and airport activities.

The Decree regulates the granting of ICMS deferral due to the customs clearance of goods imported at ports, airports or customs border points, located in the territory of the State of Rio de Janeiro.

The ICMS levied on import operations for goods destined for commercialization or use as raw material, intermediate material or secondary material in the process of industrialization, in the territory of the State of Rio de Janeiro, is deferred in the following cases:

• Partially, in the case of goods imported on their own account, destined for internal or interstate operations, for the moment when the imported goods or the product resulting from their industrialization occurs internally or interstate. In this case, the importer must collect 4% at the time of customs clearance, the rest being deferred;
• In full, in the case of goods imported on account and by order or by order, for the moment when the internal or interstate exit occurs, promoted by the buyer or ordering.

The outbound operations for processed goods must take place:

• Within 60 days, in the case of merchandise intended for sale;
• Within 120 days, when dealing with merchandise destined for industrialization.

If the exit does not occur within the defined deadlines, the taxpayer must pay the ICMS, by applying the internal rate provided for the imported merchandise, with the legal additions and fine.

Deferral does not apply to some cases, as detailed in the decree.

It should be noted that the enjoyment of this tax treatment must be requested to SEFAZ, upon proof of the following requirements:

• Existence of an importer, buyer or ordering establishment located in Rio de Janeiro territory;
• Fiscal and registration regularity with SEFAZ;
• Regularity with the Active Debt of the State of Rio de Janeiro (extending to any other company in which the applicant has a shareholding);
• Qualification in RADAR.

Multiterminais is interested in jointly developing solutions with its customers in order to take advantage of this benefit. We believe that solutions combining the use of incentives with operations developed by Multiterminais in its port terminals and dry ports can generate significant gains for importers.