In May 2025, the São Paulo Finance Department confirmed the possibility of taking advantage of ICMS credits paid by means of a Notice of Infraction and Imposition of Fine (AIIM), even when paid in installments.
The understanding, formalized in the Answer to Tax Consultation No. 31.436/2025, may represent a significant recovery of credits for companies that have been assessed for ICMS due on the customs clearance of imported goods.
1. Context of the consultation
A company in the wholesale sector was fined for not paying the ICMS tax on imports. The debt was paid in installments based on State Law 17,843/2023, which deals with tax transactions and the collection of active debt. Once the installments had been paid in full, the company questioned whether the amount of ICMS paid could be used as a credit.
2. SEFAZ-SP’s understanding
The Treasury Department has confirmed that, as a rule, ICMS paid on importation entitles the taxpayer to a credit, provided that:
- The subsequent transaction is taxed (or is covered by a tax benefit that allows the credit to be maintained);
- The goods have actually been received and are accompanied by proper tax documentation.
In the case of assessments formalized by AIIM and subsequent payment in installments, SEFAZ-SP clarified that:
- The credit can be posted once the debt has been settled in full and the system has been discharged;
- Only the amount of tax can be used – fines, interest and charges cannot be credited;
- The assessment can be made extemporaneously, subject to the five-year statute of limitations from the date of full payment (and not from the date the tax document was issued).
3. Impacts for companies
This position reinforces legal certainty for companies that, after tax regularization, seek to recover legitimate ICMS credits – which can have a direct impact on cash flow, especially in transactions with significant amounts.
4. Points of attention
- The credit must be restricted to the nominal value of the tax actually paid;
- It is essential to keep documents proving that the debt has been paid and written off;
- Bookkeeping must follow the formal requirements of EFD-ICMS/IPI and other ancillary obligations;
- SEFAZ-SP advises that questions about extemporaneous posting or use of the e-CREDAC system should be directed to DIGES, via the SIFALE (Contact Us) channel on the official website.
5. How we can support
Our office is available for
- Assess the feasibility of using credit in similar situations;
- Monitoring the calculation, bookkeeping and necessary documentation;
- Assisting in dialogue with the tax authorities, including through formal consultations or operational guidance.
Our tax team remains on hand to turn tax liabilities into legitimate opportunities.