The STJ has concluded the judgment of Special Appeal No. 1,955,120-SP regarding the illegitimacy of levying IRPJ (Income Tax) and CSLL (Social Contribution on Net Profits) on equity interest, including those amounts accumulated from periods prior to the fiscal year in which the distribution of such interest occurs.
The outcome of the judgment favors the taxpayer and rejects the interpretation of the Federal Revenue Department as contained in Tax Ruling No. 329/2014. Only Minister Herman Benjamin voted against the use of equity interest from previous fiscal years.
Now, the taxpayer will be able to deduct the amount paid as equity interest in the fiscal year in which the shareholders’ meeting resolved its distribution, and they can accumulate amounts that were not distributed in previous fiscal years.
This was the guidance of the vote by Minister Assusete Magalhães, who followed the rapporteur, arguing that the accounting impact of equity interest only falls on the fiscal year in which its payment was resolved, even if the calculation includes elements of asset accounts related to past fiscal years.