Resolution No. 3/2013 issued jointly by the State Treasury and the State Attorney deals with the administrative procedures necessary for the payment of ICMS debts under the Term-Payment Program (PEP).

It is relevant to notice that Section 9 of this Resolution expressly provides that the tax debts under PEP may be paid with (i) accumulated ICMS credits and (ii) ICMS to be reimbursed.

Under these circumstances, the taxpayer must enter SEFAZ/SP website and register the amount of available accumulated credit or tax to be reimbursed to pay the one installment or subsequent installments, and the chief of the tax office must confirm their availability.

Moreover, this Resolution also rules the inclusion of remaining amounts concerning other term-payments under PEP. In this case, the taxpayer shall request the transference of the debts to the PEP until August 15, 2013, and inform this decision to the tax office where the term-payment request had been filed.

(Resolution No. 3/2013 issued jointly by the State Treasury and the State Attorney, Official Gazette 06.25.2013).