In a ruling handed down by the Superior Chamber of the Tax and Fees Court (TIT) of São Paulo, the ICMS levied on medical products that are not exempt under Agreement No. 01/1999 of the National Council for Tax Policy (CONFAZ) was removed.
The products exempt from ICMS are used in surgeries to rupture aneurysms. Although not on the list of products benefiting from the exemption, the products in question performed the same function as another product on the list and were therefore exempt from ICMS. Given the identical functionality, the TIT (Brazilian Federal Revenue Service) ruled out the levy of the state tax.
This is an excellent precedent for requesting exemption for other medical products, since the TIT has already ruled on similar cases in the same sense, that is, it declared exemption for a product that was not covered by the CONFAZ Agreement.
