ICMS Agreement No. 42/2025 – Reduction of the ICMS Calculation Basis on Cocktails and Drinks
Executive Summary
ICMS Agreement No. 42/2025, approved by the National Finance Policy Council (CONFAZ), was published in the Federal Official Gazette on 15/04/2025, authorizing the state of Ceará to grant a reduction in the ICMS tax base on the supply of cocktails and drinks in certain establishments in the food and lodging sector.
The measure aims to stimulate economic activity in these sectors by reducing the effective tax burden, with a direct impact on the taxation applicable to higher value-added products.
Main Provisions
1. Authorized benefit
It is hereby authorized to grant a reduction in the ICMS tax base, so that the tax burden results in a percentage equal to or greater than 4.15% on the value of the supply of cocktails and drinks.
2. Establishments covered
The reduction can be applied to operations carried out by restaurants, steakhouses, pizzerias, snack bars, bars, pastry stores, confectioneries, sweets stores, bombonerias, ice cream parlors, tea stores, delicatessens, buffets, hotels, motels, inns and similar establishments.
3. Benefit conditions
- Prohibition on the appropriation of tax credits: The use of ICMS credits relating to the operations covered by the benefit will not be permitted.
- Advance payment of ICMS: Enjoyment of the benefit is conditional on advance payment of the ICMS levied on the inputs used in the production of cocktails and drinks.
- Exclusion of those opting for Simples Nacional: Taxpayers under the Simples Nacional regime will not be able to take advantage of the reduction.
4. State regulations
The legislation of the State of Ceará may establish additional criteria and specific requirements for the effective application of the benefit.
5. Duration
The Agreement will take effect from the date of publication of its national ratification and will remain in force until April 30, 2026.
Guidelines
It is recommended that taxpayers in the food and lodging sector operating in the state of Ceará follow the state regulations of ICMS Agreement No. 42/2025. Careful assessment of the feasibility of joining the regime, taking into account operating costs, the prohibition of credits and the requirement to pay tax in advance, is fundamental to ensuring tax compliance and taking advantage of the benefit.
Our tax team remains available to provide further clarification and support in the analysis and implementation of this measure.
