By unanimous decision, the panel ruled that robotic vacuum cleaners should be classified, for IPI (Brazilian tax on industrialized products) purposes, in the same way as conventional vacuum cleaners. Therefore, the 20% tax rate stipulated in NCM 8508.11.00 was maintained. The taxpayer argued for the classification of the products under NCM 8508.60.00, relating to "other vacuum cleaners," subject to the 14% tax rate.
In this case, the discussion centered on whether the fact that the equipment is robotic, automated, and operates autonomously would be sufficient to exclude it from the classification applicable to traditional vacuum cleaners.
For inspection purposes, since it is a vacuum cleaner with a built-in electric motor, a power output not exceeding 1,500 W, and a dust collector with a capacity not exceeding 20 liters, the product fell under the specific description of NCM 8508.11.00, regardless of whether it operates autonomously.
During oral arguments, attorney Eduardo Souza Navarro Bezerra, from Cordeiro e Navarro Advocacia, representing the taxpayer, stated that the residual classification of "other vacuum cleaners" should encompass equipment that, due to its technological characteristics, cannot be confused with conventional vacuum cleaners. According to him, the robot vacuum cleaner has its own navigation and autonomous operation characteristics, which would differentiate it from traditional models.
In addition to the tax classification, the process discussed the application of a 30% fine for alleged lack of an import license. The tax authorities argued that, with the reclassification of the product, the company would not have a valid license for the NCM code considered correct by the tax authorities. The defense, on the other hand, argued that the license had been granted for the imported product, and that the subsequent disagreement over the tax classification did not render the licensing invalid.
The rapporteur, council member Ana Paula Pedrosa Giglio, voted to uphold the classification sought by the tax authorities, considering that the robot vacuum cleaner fits the specific description of vacuum cleaners with a built-in electric motor. Following the vote, the panel upheld the IPI tax assessment resulting from the reclassification, but unanimously cancelled the fines 30% and 1% for errors in the tax classification.
Collegiate body: First Panel of the Fourth Chamber of the Third Section
Process: 15165.720536/2021-72
Parts: Santa Fé Trading Import and Export Ltd. and the National Treasury
Rapporteur: Ana Paula Pedrosa Giglio
Source: JOTA