Bárbara de Alcântara Mattos
Lawyer at Marcos Martins Advogados
The presumed IPI credit for companies that manufacture products for export and are opting for presumed profit has gained strength with the decision of the Superior Court of Justice.
Contrary to the law, the Federal Revenue Service had been imposing an understanding that this credit was revenue, forcing it to be included in the PIS and COFINS calculation basis.
This understanding was definitively overturned by the Superior Court of Justice, which ruled that presumed IPI credits do not form part of the PIS and COFINS calculation basis, as they have the legal nature of a tax benefit.
This decision benefits exporting taxpayers by reducing the amount of taxes payable, to the extent that they are reimbursed for part of the PIS and COFINS costs embedded in the prices of raw materials, intermediate products and packaging materials used to manufacture exported products.
Marcos Martins Advogados makes its tax team available to answer any questions on this subject.
