Court grants company the right not to include PIS and COFINS in its own calculation bases

Alana Dahrouj
Lawyer at Marcos Martins Advogados

A recent decision handed down by the Federal Court of São Paulo guaranteed a company in the industrial plastics sector the non-inclusion of PIS and Cofins in its own calculation bases.

The judge at the 14th Federal Civil Court in São Paulo applied the same line of reasoning used by the Federal Supreme Court (STF) in a decision on another type of tax, when it ruled that ICMS should not be included in the calculation basis of PIS and Cofins.

Rightly, this understanding has been applied frequently by the Courts, developing a chain of precedents that can serve as support for other PIS and Cofins taxpaying companies to file the respective lawsuit.

Marcos Martins Advogados makes its tax team available to answer any questions on this subject.

Questions? Talk to our lawyers and receive guidance.

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