Extraordinary Appeal No. 540,829, filed by the State of São Paulo and submitted to the general repercussion regime, deals with the constitutionality of ICMS imposition on international leasing.
When judging the appeal, Reporting Justice Gilmar Mendes granted relief under the argument that not imposing ICMS on the transaction would violate isonomy principle, since it would have a more beneficial treatment than internal financial or commercial leasing, which, as already decided by the Supreme Court is subject to ISS.
Contrary to this position, Justices Carmem Lúcia and Luiz Fux presented their votes, stating that the leasing does not imply acquisition of the product and, therefore, circulation of the good, which averts the imposition of ICMS.
Justice Teori Zavascki requested to see the records and the trial was suspended.
(Extraordinary Appeal No. 540,829. Available at: <http://redir.stf.jus.br/paginadorpub/paginador.jsp?docTP=AC&docID=615539>. Accessed in: Nov., 2013).