In a decision issued by the Superior Court of Justice (STJ), the possibility of excluding the amount paid as ICMS-ST from the PIS and COFINS calculation basis was confirmed for companies that calculate profits based on real profits.
This is the ICMS collected in the forward tax substitution system, which is collected by the first taxpayer in the chain, who in turn passes on the burden in the price of the products to the other buyers, making up the cost of acquiring the goods.
This is a favorable precedent for taxpayers, but in the meantime, this issue is pending judgment through a representative appeal of controversy at the STJ (Issue 1,125) and taxpayers must wait for a definitive decision on the matter.
