Entrance Practice Test & Exam Prep | Brazil

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A chemical manufacturing company based in Camaçari, Bahia, transfers finished industrial products to its commercial distribution branch located in Feira de Santana, Bahia, with no transfer of legal ownership. Considering the landmark decision of the Federal Supreme Court in ADC 49, Complementary Law No. 204/2023, and Bahia State Law No. 7.014/1996 (RICMS-BA Decreto No. 13.780/2012), how is this internal transfer treated for ICMS purposes?
Correct Answer:
The physical transfer between establishments belonging to the same legal entity is not a taxable event (não-incidência) for ICMS, and the establishment maintains the right to transfer accrued input tax credits to the destination branch.

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