Financed sales and installment sales are different figures, with ICMS being applicable on installment sales that occur without the intermediation of a financial institution. The understanding was consolidated by the st Section of the Superior Court of Justice, which applied the Repetitive Appeals Law to ensure the incidence of ICMS on financial charges in installment sales. The leading vote was from Minister Luiz Fux.
In the case judged, the company Marco Aurélio Artefatos de Couro Ltda filed a Motion for Clarification against the STJ's own ruling. He maintained that the Court innovated by guaranteeing the incidence of ICMS on increases from credit sales and establishing a differentiation between increases arising from sales with and without the intermediation of a financial institution.
In his vote, the rapporteur reiterated that in installment sales Austria Phone Numbers List the seller offers the buyer payment in installments for the product, adding a plus to the final price, which is why the value of this operation is part of the ICMS calculation basis, in which it is It thus incorporates the "normal" price of the merchandise — cash sales price — and the increase resulting from payment in installments.
The financed sale depends on two distinct operations for the effective departure of the merchandise from the establishment, as provided for in article of Decree-Law /: a purchase and sale operation and a financing operation, in which there is the intermediation of a financial institution. . In this case, explained the rapporteur, the statement in Summary of the STJ applies: "In credit card transactions, the charges related to financing are not considered in the ICMS calculation"