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[BUSINESS] · Brazil · 32 sources

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STF excludes ICMS tax credits from PIS and Cofins calculation base

The Supremo Tribunal Federal (STF) has ruled that presumed ICMS tax credits cannot be included in the calculation base for the PIS and Cofins federal contributions. In a 7 to 4 plenary decision, the court determined that these state-level tax incentives do not constitute company revenue or turnover, making them ineligible for these specific federal taxes.

The ruling, which follows a legal debate dating back to 2014, upholds a previous decision by the Tribunal Regional Federal da 4ª Região (TRF4). The STF established a legal thesis that will apply to all ongoing processes regarding this matter nationwide.

Estimates from the Receita Federal suggest the decision could result in a loss of up to R$ 16.5 billion for the Federal Union. The ruling was reached after the plenary vote was restarted in a physical session, following a period of virtual voting where several retired ministers had already cast their votes.

Entities

Alexandre de Moraes · Brazil · Cofins · Dias Toffoli · Federal Revenue Service · Marco Aurélio · PiS · Receita Federal · Supreme Federal Court · Supremo Tribunal Federal · Tribunal Regional Federal da 4ª Região · União

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