STJ authorizes ICMS credit on intermediate materials that are not immediately consumed in the production process
In a recent decision, the Superior Court of Justice (STJ) recognized the right of a taxpayer to take advantage of ICMS credits arising from the acquisition of intermediate products, even if they are consumed or have been worn out during the production process, simply by proving the need for their use in the company’s core […]
TJSP recognizes the generation of ICMS credits on materials that are not consumed immediately and fully in the production process
The decision recognized that a metallurgical company could classify graphite electrodes, a material that is gradually consumed during the production process, as an intermediate product. For the purposes of generating ICMS credits on the purchase of goods by an industry, it must be analyzed whether the product used in the production process is raw material, […]
State of São Paulo reduces ICMS to stimulate economy
The Governor of the State of São Paulo recently signed 11 decrees with the aim of reducing the cost of production for companies and, consequently, stimulating the economy of the State of São Paulo in order to recover from the impacts caused by the pandemic. Among the benefits were measures that significantly reduce the collection […]
Judgment on Tax Differential has turned in favor of companies
The article “Judgment on tax differential has turned in favor of companies”, by lawyer Aline Augusta de Menezes, is featured on the Monitor Mercantil portal. The definition of the time frame in which the so-called Difal (Differential Rate) of ICMS on sales to final consumers in another state would be charged remains uncertain. So far, […]
New TRF ruling limits the offsetting of credits from the exclusion of ICMS from the PIS and COFINS tax base
The article “New TRF decision limits the offsetting of credits from the exclusion of ICMS from the PIS and COFINS calculation base”, by lawyer Fábio Bernardo, is featured in the Jurid newspaper. An injunction granted by the Federal Regional Court of the 3rd Region prevented the offsetting of credits resulting from the exclusion of ICMS […]
New TRF ruling limits the offsetting of credits from the exclusion of ICMS from the PIS and COFINS tax base
Fábio BernardoLawyer at Marcos Martins Advogados A recent preliminary injunction granted by the Federal Regional Court of the 3rd Region prevented the offsetting of credits resulting from the exclusion of ICMS from the PIS and COFINS calculation basis prior to March 15, 2017. The decision was handed down in a rescission action filed by the […]
Possibility of reducing ICMS on electricity bills
O STJ deve julgar ainda neste ano a tese que discute a exclusão das tarifas de TUST e TUSD da base de cálculo do ICMS incidente nas faturas de energia elétrica.
New chapter in the thesis of the century: PIS/COFINS credits on ICMS highlighted on goods receipt notes
Recente parecer da Receita Federal (COSIT nº 10/2021) conclui que o ICMS deve ser excluído do preço de aquisição das mercadorias para fins de PIS/COFINS.
Unconstitutionality of PIS and COFINS on presumed ICMS credit
Pedro Rezek Andery AltranLawyer at Marcos Martins Advogados The Federal Supreme Court has ruled that it is unconstitutional to demand PIS and COFINS on presumed ICMS credits. Presumptive credits are benefits offered by states with the aim of encouraging a certain sector, generating a reduction in tax expenditure. For example, states grant presumed ICMS credits […]
STJ recognizes right to refund of ICMS charged on the transfer of goods between branches of the same owner
Já está pacificado nos Tribunais, inclusive por meio de Súmula, a não incidência de ICMS nas operações envolvendo transferência de mercadorias entre estabelecimentos do mesmo contribuinte.
