SEFAZ-SP Auditor Fiscal (AFRE) Practice Questions - SEFAZ-SP Auditor Fiscal Da Receita Estadual (AFRE) Exam

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A manufacturing company headquartered in Campinas/SP transfers finished goods from its industrial plant to its distribution branch located in Ribeirão Preto/SP, with no change in legal ownership of the goods. Considering the landmark ruling of the Federal Supreme Court in ADC 49 and the subsequent enactment of Complementary Law No. 204/2023 amending Complementary Law No. 87/1996 (Lei Kandir), how does the SP State Tax Legislation (RICMS/SP - Decreto 45.490/2000) treat this transaction regarding ICMS incidence?
Correct Answer:
The physical transfer between establishments of the same titular owner does not constitute a taxable event (fato gerador) for ICMS, and the taxpayer maintains the right to transfer accrued ICMS credits to the destination branch.

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