In a decision handed down by the Superior Court of Justice (STJ), in the context of a representative appeal of controversy, it was decided that ICMS should form the basis for calculating IRPJ and CSLL in the presumed profit.
According to the understanding set out there, unlike what was decided in the so-called Thesis of the Century, of excluding ICMS from the PIS and COFINS calculation basis, gross revenue is compatible with financial inflows into equity, whether or not arising from business activities, and does not suffer deductions of any expenses or costs, since the legislation already allows all possible reductions for each branch of activity.
Furthermore, the winning vote stated that if the taxpayer intends to deduct any type of expense, he or she must opt for real profit and not presumed profit, as the taxpayer understands this possibility.
