Federal Supreme Court changes the date of judgment of ICMS exclusion from PIS and Cofins tax base

The judgement of the clarification requests in the Extraordinary Appeal (RE) 574,706, proposed by the Union against the decision of the Supreme Court (STF), which decided that the ICMS not included for purposes of calculation basis of contributions to PIS and Cofins was scheduled to December 05, 2019.

The embargoes follow the interpretation of the Federal Revenue of Brazil (RFB), according to which the ICMS to be removed from contributions is the one actually paid, and not that stated in the invoice as a full payable amount. Furthermore, the Union called for modulating the judgment effects so that the decision be effective from the decision, which had a favorable opinion of the Attorney General's Office (PGR).

herefore, the RFB Normative Instruction 1,911/2019, commented in one of our previous articles (read here), may lose some effectiveness after the trial of embargoes, whose schedule was transferred to Apr-01-2020.