Angelo Ambrizzi
Lawyer at Marcos Martins Advogados
The 1st Panel of the STJ has ruled that single-phase taxpayers can take PIS and COFINS credits.
It’s worth clarifying. A single-phase or concentrated regime is a tax collection mechanism in which a certain taxpayer, usually the industry or importer, is obliged to pay the taxes due for the entire production and consumption chain, while exempting the others
A classic example is personal hygiene products, medicines and cosmetics, where importers and manufacturers pay PIS and COFINS on the entire production and consumption chain. As a result, drug distributors and pharmacies are not obliged to pay these taxes on their sales, as they have already been collected in advance.
There is a single incidence of taxation, with a higher rate and no possibility of refunding the amounts if the other operations do not succeed.
For example, the wholesale and retail sectors of beverages, medicines, drugs, cosmetics, hygiene products, car resale, auto parts and tires are subject to the single-phase regime.
Under the STJ’s decision, companies that make up the production and consumption chain that has already been taxed can receive credit for the corresponding Pis and Cofins amounts.
Do you fall under the single-phase regime and want to know more about PIS and COFINS crediting? Leave your questions in the comments or send us a direct message.
Marcos Martins Advogados makes its tax team available for further clarification on the subject.
