In a recent ruling, CARF understood that taxpayers who take advantage of PIS and COFINS credits in an untimely manner are not required to rectify their declarations, such as EFDs and DCTFs.
The issue has been gaining considerable relevance, as it is increasingly common for taxpayers to revisit the calculation of these contributions to verify whether they have been taking all the credits provided for in the legislation, especially due to the complexity of the PIS/COFINS legislation, combined with recent jurisprudential understandings that allow the use of credits that were previously prohibited.
After this survey, the question arises: should the taxpayer rectify all accessory obligations from the last 5 years, or is untimely entry in the EFD contributions permitted?
The Federal Revenue Service maintains that the declarations must be rectified, however, CARF has been knowingly moving away from this understanding and allowing untimely use without the need to rectify the accessory obligations of the last 5 years.
In our understanding, CARF acted correctly, as it is clear that the IRS’s intention is to make it difficult, without any legal support, for taxpayers to take advantage of legitimate credits, which ends up burdening them even more, given the numerous corrections to ancillary obligations.
