SEFAZ-RJ Auditor Fiscal Practice Questions - SEFAZ-RJ Auditor Fiscal Da Receita Estadual Exam

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A commercial company headquartered in the city of Rio de Janeiro transfers inventory from its central distribution center in Duque de Caxias/RJ to its retail branch store in Niterói/RJ, without changing legal ownership of the goods. Following the Federal Supreme Court binding precedent in ADC 49 and the statutory enactment of Federal Complementary Law No. 204/2023 incorporated into Rio de Janeiro State Tax Legislation (Lei Estadual nº 2.657/1996 and Decreto nº 27.427/2000 - RICMS/RJ), how does state tax law classify this intra-state operation regarding ICMS incidence?
Correct Answer:
The operation constitutes a non-taxable event (não incidência) for ICMS because there is no transfer of legal ownership (titularidade jurídica), while the taxpayer preserves the right to transfer accrued tax credits to the destination establishment.

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