RGE and CEEE Grupo Equatorial still do not have a forecast for when there will be an increase in taxation on electricity bills

The precautionary decision by the Minister of the Federal Supreme Court (STF) Luiz Fux who suspended the exclusion of TUST and TUSD charges (Tariffs for the Use of Electric Transmission and Distribution Systems) from the ICMS collection calculation base will mean a revenue gain for the State, but an encumbrance on the gauchos’ electricity bills. Despite the determination, the two main energy distributors in Rio Grande do Sul, RGE and CEEE Grupo Equatorial, still do not have a definition of when this cost will be added to the charges.

The non-levy of ICMS on the TUST and TUSD was determined by Complementary Law 194/2022 of June last year. According to the State Department of Finance, returning to the previous level, with the position of Fux, will represent an adjustment of around 9% in electricity bills, depending on the concessionaire. Also according to the folder, “the change in bills for the final consumer will depend on the speed of adequacy of energy operators to return to the previous situation of June 2022”.

Sought after by the Jornal do Comércio report, RGE reported that it is analyzing the terms of the STF decision. “The company will remain in line with legal and judicial determinations on the subject and will inform customers of CPFL Group distributors (controller of the company from Rio Grande do Sul) in due course about the changes, which will be detailed in the energy bill”, points out a statement from RGE.

CEEE Grupo Equatorial, on the other hand, says that it has not been notified of any changes by the regulatory agency and, therefore, still does not have the tax calculation. In a note, the company stresses that, “since the distributor is merely a collector of ICMS, the Equatorial Energia Group reaffirms its commitment to faithful compliance with tax legislation and compliance with court decisions”.

If for the pockets of consumers the result in the Federal Supreme Court will represent a burden, for the public coffers in Rio Grande do Sul it is considered a relief. According to the Treasury Department, the return of the TUST/TUSD recomposed important revenues for the State, representing a collection recovery of approximately R$ 2 billion per year. “The granting of this measure by the STF represents an important boost for the State’s finances”, emphasizes the State Attorney General, Eduardo Cunha da Costa. The decision was taken under the Direct Action of Unconstitutionality (ADI) 7195, filed by the governors of the states of Rio Grande do Sul, Pernambuco, Maranhão, Paraíba, Piauí, Bahia, Mato Grosso do Sul, Sergipe, Rio Grande do Norte, Alagoas , Ceará and the Federal District.