In ruling on Special Appeal No. 1,244,931/RS, the 2nd Panel of the Superior Court of Justice (STJ) decided that the presumed IPI credit should be included in the calculation base for Corporate Income Tax (IRPJ) and Social Contribution on Net Income (CSLL). The decision was unanimous, following the vote of the rapporteur, Minister Marco Aurélio Bellizze.
Difference Between the STJ Decision and STF’s Theme 504
The central issue in the STJ decision was distinguishing between the calculation bases of different taxes. While the Federal Supreme Court (STF), in Theme 504, excluded the presumed IPI credit from the bases of PIS and COFINS on the grounds that it does not form part of revenue, the STJ held that for IRPJ and CSLL, its inclusion is necessary. This is because these taxes are levied on company profits, and the cost reduction generated by the tax benefit affects that profit.
Repercussions and Effects for Taxpayers
The STJ ruling confirmed the understanding of the 4th Regional Federal Court (TRF4), which had already determined that the presumed IPI credit should be included in the calculation base for the taxes in question. According to the judgment, IRPJ and CSLL are not levied directly on the tax benefit, but on the net profit resulting from the reduced tax burden provided by it.
With this new stance, companies that use this type of credit should reassess their tax strategies and financial impacts, as including the benefit in the calculation base could increase the amounts due for IRPJ and CSLL.
Conclusion
The STJ’s interpretation highlights the importance of correctly distinguishing between the concepts of revenue and profit for federal taxation. Given the potentially significant impact on businesses, a careful review of current tax strategies is advisable, along with seeking specialized advice to ensure compliance with the new guidelines established by the court.