Articles | Postado no dia: 20 October, 2026
Ceará’s Measures Against the US “Tariff Hike”: Main Tax Aspects
The Government of Ceará announced the regulation of Law No. 19,384/2025 to mitigate the effects of the tariff increase imposed by the United States on Brazilian products. The so-called “Tariff Hike” affects strategic sectors of the local economy, and the state Decree brought relevant tools to support exporting companies.
The actions include economic subsidies, the purchase of export credits, a reduction in financial charges under the Industrial Development Fund (FDI), and direct purchase by the State Government of products that would have been sent to the US market.
On the tax side, the following stand out:
Purchase of accumulated ICMS credits: purchase of credit balances held by exporters with operations to the US.
Reduction of FDI charges: the charge owed by FDI beneficiaries is changed to between 1% and 6%.
Points of Attention and Comments: the Decree is an important step toward reducing the damage to companies in Ceará, but access hurdles and uncertainty about its temporary nature call for extra care when assessing the viability of each case, especially regarding the tax aspects, whose points of attention are highlighted below:
Requirement that the taxpayer keep exporting to the US
Taxpayers that redirected their goods to the domestic market or to other countries, even at higher prices, will not be able to benefit from the measures.
Maintaining jobs
Taxpayers must maintain their average headcount from the last 12 months throughout the period the tariffs are in effect. Companies that were planning layoffs for other reasons will need to reassess.
Period of the accumulated credit balance
The wording of the Decree isn’t clear enough about the period of the ICMS credit balance to be purchased by the State. The most reasonable interpretation is that the ICMS credit balance from before 08/06/2025 can be purchased, and is not limited to the balance generated by operations from 08/06/2025 onward.
Limit on the value of credits to be sold
The value of ICMS credits to be purchased by the State is limited to the difference between tariffs before and after 08/06/2025.
Available amount and criteria for allocation among taxpayers
The Decree provides that the overall amount made available by the state will be observed, but it doesn’t clarify how it will be divided among taxpayers. The rule states that priority will go to those most affected and to Simples Nacional companies, but it doesn’t define the criteria.
Timing of payment for the credits
The taxpayer’s request will undergo a prior review by SEFAZ/CE to verify the requirements, but the rule sets neither a payment deadline nor a monetary adjustment criterion.
Limit on the FDI charge reduction benefit
Taxpayers that hold accumulated ICMS credits arising from exports can’t benefit from this measure. The rule is debatable, since the Decree didn’t restrict it to those who benefited from the measure in Article 3, but simply to the fact that the taxpayer holds accumulated ICMS credits.
Authors: Igor Frota Moreira, Igor Gonçalves, and Lucas Cavalcante.
