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Brazilian judicial rulings on tax matters

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2026-10-21 23:07 UTC → 2026-10-24 03:54 UTC · added ~~removed~~

The Brazilian judiciary has issued significant rulings regarding tax immunity and program revocations. The Supreme Federal Court (STF) ruled 8 to 2 that real estate companies are entitled to ITBI (Property Transfer Tax) immunity when transferring property to form social capital, regardless of whether their primary business involves real estate. The court determined this immunity is intended to stimulate economic activity and corporate organization. Justice Edson Fachin, the rapporteur, supported this by citing constitutional principles of free enterprise and economic order, noting that immunity remains valid provided there is no evidence of simulation or fraud. Separately, the Superior Court of Justice (STJ) unanimously decided to suspend all national legal proceedings concerning the early revocation of the Perse (Emergency Program for the Recovery of the Events Sector). The suspension aims to establish a binding position on whether the program’s tax benefits, which provided zero rates for several federal levies, could be terminated early after reaching a fiscal ceiling. In a 6-5 decision, the STF ruled that the Municipal Service Tax (ISS) is excluded from the calculation base for the federal PIS and Cofins contributions. Following a precedent set by the ‘Taxation of the Century’ case regarding ICMS, the court determined that ISS is a “transitory financial entry” that passes through a company’s accounts to be transferred to municipalities rather than forming part of actual revenue or patrimony. This ruling carries general ~~repercussion, meaning the thesis must be applied to all similar cases nationwide.~~ repercussion. The 2026 Budget Guidelines Law estimates a potential fiscal impact of up to R$ 35.4 ~~billion if the court allows retroactive refunds for the last five years.~~ billion. While the merit is decided, the court has yet to finalize the modulation of its effects; ~~Ministers~~ Minister Luiz ~~Fux and André Mendonça have~~ Fux, who provided the tie-breaking vote, has proposed that the decision apply only to future collections to mitigate the impact on the Union.

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