The article “Federal Public Prosecutor’s Office is in favor of excluding ICMS-ST from the PIS and COFINS calculation basis”, by lawyer Rafael Zanchettin, is featured in the LexPrime newspaper.
The Federal Supreme Court has settled its position on the possibility of excluding ICMS from the PIS and COFINS tax base, the so-called “thesis of the century”.
In a recent opinion in favor of taxpayers presented to the Superior Court of Justice, the Federal Public Prosecutor’s Office (MPF) pointed out that the progressive tax substitution regime is merely an anticipation of the normal ICMS and, therefore, could not diverge from the understanding consolidated by the STF – which determined the exclusion of ICMS from the PIS and COFINS calculation basis.
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