Aug 17

Merchant Navy

With respect to imported merchandises, the incidence of the ICMS occurs exactly that the operations if initiate in exterior, the generating fact is characterized at the moment of the customs clearance of the imported merchandises of the exterior (SABBAG, 2009, P. 410). It is important to point out that the ICMS also happens on the entrance of imported merchandise of the exterior, on the service given in the exterior or whose installment if has initiated in the exterior (AXE, 2009). The taxable income can be the value of the operation, the price of the service or still the value of the merchandise or imported good (SABBAG, 2009, p 394). In accordance with Axe (2009, p.377) ‘ ‘ the taxable income of the ICMS, as general rule, is the value of the relative operation to the circulation of the merchandise, or the price of the service respectivo’ ‘. As for the aliquot ones of the ICMS Sabbag (2009, P. 394) it affirms that ‘ ‘ we have aliquot distinct for the products, admitting itself, facultatively to the ICMS, the proper selectivity, in reason of the essencialidade of the merchandises and servios’ ‘. However, according to Axe (2009, P. 375) ‘ ‘ the constituent of 1988 at the same time in that it admitted that the ICMS had selective character, (…) setting of alquotas’ was worried about the establishment of limitations to the state legislator in the pertinent a; ‘. In such a way it is authorized to the Federal Senate.