On July 18, 2023, the Brazilian Federal Revenue Service published Normative Instruction No. 2,152/2023, introducing significant changes to the rules for the assessment, collection, supervision, collection, and administration of contributions to PIS and COFINS, previously outlined in Normative Instruction RFB No. 2,121/2022.
Here are the key changes: Non-Incidence of PIS and COFINS: The new regulation establishes the non-incidence of PIS and COFINS on revenue from domestic sales of oil to refineries for fuel production in the country, and on the import of oil for fuel production by refineries until December 31, 2023. The suspension also extends to naphtha, petroleum oil, other mixtures (aromatics), other crude petroleum oils, and N-Methylaniline organic compound.
Exclusion of PIS and COFINS from Revenue Obtained by Renegotiating Judicial Recovery Process: Revenues derived from recognizing the effects of debt renegotiation within the scope of a judicial recovery process will not be included in the calculation base of these contributions.
PERSE for Air Passenger Transportation: Extension of the benefits of the Emergency Program for the Recovery of the Events Sector (PERSE) to revenues from air passenger transportation activities, with a reduction in contribution rates to 0% until December 31, 2026.
Cumulative Regime of PIS and COFINS for the Security Sector: IN 2152 aims to define the services of security, surveillance, and transportation of values from financial establishments that are subject to the cumulative regime of contributions.
Exclusion of ICMS in the Calculation of Basic Credits: Establishes the exclusion, from the base of calculation of the contributions’ credits, of the amounts related to ICMS levied on the sale by the supplier. Credits on Freight and Insurance: IN 2152 excludes from the concept of inputs, for the purpose of appropriating PIS and COFINS credits, expenses related to freight and insurance.
Fuel Taxation: The new IN removes the deadline, until December 31, 2023, for reducing to zero the rates of contributions levied on the revenues from the sale and import of petroleum derivatives and biodiesel by the producing or importing legal entity.
Presumed Credit in the Contracting of Cargo Transportation Services and Sale of Vehicles: IN 2152 allows the calculation of a presumed credit of contributions by the legal entity that contracts cargo transportation services and also grants a presumed credit in relation to the sponsored discount offered in the sale of vehicles to a legal entity manufacturer.
It’s important to note that the new normative instruction is effective immediately and applicable from the date of its publication. Companies are advised to analyze the implemented changes to assess potential impacts on their activities and adjust their fiscal practices as necessary.