Substituição tributária pode parar na justiça
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Contudo, diante da notável eficiência desse instituto, que diminuiu consideraveimente a sonegação fiscal e facilitou a fiscalização pela Receita, ele foi incorporado definitivamente pela atual Constituição Federal, em seu artigo 150, parágrafo 7o, e posteriormente legitimado pela Lei complementar n° 87/96.
De acordo com este sistema, o primeiro contribuinte da cadeia recolhe o tributo de todas as etapas de comercialização do produto, garantindo an Estado o aumento de sus arrecadação e de seu podar fiscalizador. Mas o maior problema enfrentado pelos contribuintes está no fato de que, por muitas vezes, o valor presumido de venda poderá não ser o mesmo da época da concretização do negócio. Além disso, pode acabar tributando um evento que nem chegará a ocorrer. Outra questão que preocupa é a possibilidade de concorrência desleal de indústrias de outros Estados, que poderão ser beneficiadas pela fiscalização local deficiente.
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