§66.
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According to the Brazilian Federal Constitution, Article 155, §2º, this impost is non cumulative in the chain of circulation, being a tax charged by the Federative States, which ones, in practice, lives in a war’s state, concerning whom gives more benefits to attract investments. There are 27 States and, consequently, 27 specific legislations, observing that all of them shall observes the Complementary Law 87/1996, called Kandir Law. There are many calculation basis and percentages according the situations, e.g., when a good get out the State of São Paulo to an end consumer in the State of Rio de Janeiro, the calculation basis is the value of this product and the percentage is the diference among the internal rate of the São Paulo’s State and the inter-state’s rate (Constitucional Amendment 87/2015). In other case, if occurs the sell of a tea from a factory in the State of Piauí to a wholesale buyer in São Paulo, then the ICMS that will be charged on the factory is of 18% (Lei Kandir, Article 11, I, a, plus Law of Piauí 13.500/2008, Article 20, I).
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