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After Meeting With Tarcísio, STF’s Fachin Halts Rodopetro ICMS Waiver in Win for São Paulo

The order blocks a Rio court ruling waiving ICMS for Rodopetro, a distributor linked to a group the state says owes R$9.8 billion.

Overview

  • Tarcísio de Freitas met in Brasília with STF President Edson Fachin to discuss tax cases tied to the fuel sector and said the conversation was "great" without giving details.
  • One day later, Fachin suspended a Rio de Janeiro court act that had relieved Rodopetro of collecting ICMS in São Paulo, citing significant revenue losses for the state.
  • São Paulo told the court that Grupo Refit, associated with Rodopetro, has more than R$9.7 billion in active tax debt and that nonpayment is eroding about R$360 million per month.
  • In filings, Rodopetro argued that restoring the collection requirement could amount to double taxation and jeopardize the company’s viability.
  • During the trip, Tarcísio also met STF Minister Kassio Nunes Marques and STJ Minister Marco Aurélio Bellizze about other pending tax disputes, including ADIs and cases paused after a request for more time to review.