On 12/29/2015, ICMS Convention No. 181/2015, enacted by the National Finance Policy Council – CONFAZ, was published in the Official Gazette. The convention authorizes a few States (including São Paulo, Rio de Janeiro and Santa Catarina) to grant a reduction of ICMS calculation basis in such a way that the tax burden will be equivalent to 5% of the transaction amount for goods including software, programs, electronic games, applications and electronic files, regardless of their medium (physical, digital, or otherwise) or whether or not they are standardized or adaptive.
The reduction of the calculation basis is optional but the use of other tax credits or benefits is forbidden.Moreover, once the requirements of the respective state law are fulfilled, the states are authorized to not charge the tax debits in relation to the transactions described above until the effective date of this convention. However, the amount paid can not be object to restitution or offsetting.