Martinelli Updates

ICMS Exemption for Sales to Free Trade Areas (FTAs)

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São Paulo State Decree No. 70,348/2026 introduces a temporary ICMS exemption for sales of domestic industrialized or semi-finished goods to specific Free Trade Areas (FTAs). The measure is retroactive to 29 December 2025 and remains effective until 30 September 2026.

Scope and Eligibility The exemption applies to sales destined for resale or industrial processing by taxpayers located in:

  • Amapá: Macapá and Santana
  • Roraima: Bonfim and Boa Vista
  • Rondônia: Guajará-Mirim
  • Amazonas: Tabatinga
  • Acre: Cruzeiro do Sul, Brasiléia, and Epitaciolândia

 

Exclusions: The benefit does not apply to firearms, ammunition, perfumes, cigarettes, alcoholic beverages, or passenger vehicles.

Key Takeaways

  • Tax Credits: For specific regions, sellers may retain ICMS input credits, provided they comply with regulatory controls.
  • Compliance: Eligibility depends on strict adherence to fiscal and documentary requirements.
  • Action Required: Companies should review transaction flows and invoicing protocols to ensure eligibility and capture tax savings before the September sunset date.

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