Brazil Funrural tax unconstitutionality ruling

The Brazilian Supreme Federal Court (STF) ruled that the Funrural contribution, which funds social security for rural workers, was unconstitutional for sales made by individual rural employers prior to January 1, 2018.

In a 6-5 decision, the court found that Law 10.256/2001 lacked clear definitions regarding the tax's triggering event, calculation base, and rates. While the ruling invalidates the tax for operations conducted up to December 31, 2017, the court upheld the legality of the contribution for all sales occurring from January 1, 2018, following the implementation of Law 13.606/2018. This decision allows producers, cooperatives, and meatpacking plants to contest previous tax collections, though the court has not yet defined the scope for existing debts or previously paid amounts.

Recent legal developments have further clarified the impact of the STF decision. In the conclusion of the judgment for Direct Action of Unconstitutionality (ADI) 4.395, the court recognized the formal unconstitutionality of the contribution levied on the gross production revenue of individual rural employers for the period before 2018. This ruling specifically removes the responsibility of buyers—including cooperatives and meatpacking plants—to withhold and collect the Funrural contribution for that timeframe. This follows arguments from amicus curiae, such as the Brazilian Association of Meat Exporting Industries (Abiec), regarding the lack of a valid legal basis for the subrogation of these collection duties.