Justice Nunes Marques, the reporting justice in ADIs 7912, 7914, and 7917, granted a preliminary injunction extending the deadline for the approval of income-tax-exempt dividends until January 31, 2026. The decision modifies the framework established by Law No. 15,270/2025, which required approval by December 31, 2025, even if profits had been accrued through the end of the fiscal year.
Grounds of the Decision
The reporting justice emphasized that the law was published on November 27, 2025, rendering the original deadline impracticable. According to him, the requirement could generate tax uncertainty, risks of double taxation, and significant economic impacts, such as increased litigation and compliance difficulties.
The extension of the deadline seeks to preserve legal certainty and avoid harm both to taxpayers and to the State.
Arguments Presented by the Entities
- CNI and CNC: argued that the fixed deadline violates the principle of tax non-retroactivity, since dividends accumulated prior to the enactment of the law could be taxed. They also pointed to the risk of double taxation and criticized the taxation on the total amount of dividends, without considering the R$ 50,000 threshold.
- CFOAB: advocated for the exclusion of micro and small enterprises under the Simples Nacional regime, particularly law firms, from the new taxation framework.
The justice, however, did not grant the OAB’s request, maintaining the applicability of the law’s rules to companies under the Simples Nacional regime.
Practical Impacts
The decision provides greater predictability for companies, which will have additional time to deliberate on dividend distributions without the immediate risk of taxation.
For the tax authorities, the ruling reduces the likelihood of litigation and uncertainty in revenue collection.
Small enterprises, however, remain in a state of uncertainty, pending the final judgment by the STF Plenary, scheduled for February 2026.
Conclusion
The preliminary injunction represents a balancing measure between revenue interests and legal certainty, but it does not resolve all the controversies arising from Law No. 15,270/2025.
Issues such as the taxation of Simples Nacional companies and allegations of double taxation still depend on collegiate review, making it essential to closely monitor the STF’s final ruling on the merits.