STF removes presumptive credit from ICMS from PIS/Cofins calculation base

Decision will impact federal government accounts by R$ 16 million

STF removes presumptive credit from ICMS from PIS/Cofins calculation base

TL;DR

  • The STF ruled that presumptive ICMS credits are not subject to PIS and Cofins taxation.
  • This decision will have a financial impact of R$ 16 million on the federal government.
  • The court determined that presumptive credits are not part of companies' revenue or turnover.
  • This ruling applies to all current legal proceedings related to this issue.
  • The STF denied an appeal from the federal government, upholding a previous ruling by TRF4.