Decisions rendered for PIS and COFINS rates on financial revenues are favorable to taxpayers

According to news already released earlier, on December 31, 2022, Decree No. 11,322/22 was signed, which reduced PIS and COFINS rates on financial revenues by 50% (fifty percent) for Companies opting for the non-cumulative regime for calculating these taxes. Such rates were reduced from...

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According to news already released earlier, on December 31, 2022, Decree No. 11,322/22 was signed, which reduced PIS and COFINS rates on financial revenues by 50% (fifty percent) for Companies opting for the non-cumulative regime for calculating these taxes. Such rates were reduced from 4.65% to 2.33%.

 

On January 1, 2023, the said decree was revoked, however, the act did not consider the legal provision that a period of ninety (90) days to collect taxed taxes be respected, in order to guarantee the provision and Taxpayer Organization.

A recent decision, rendered by the 13th Federal Court of Porto Alegre, granted an injunction, in a writ of mandamus, to guarantee the taxpayer the application of reduced PIS and COFINS rates on financial revenues earned until April 1, 2023 .

In this sense, we emphasize the importance of the subject and make ourselves available to detach it, in view of the existence of recent decisions on the subject, which are following the understanding of the Supreme Federal Court (STF), which tanges to the applicability of the nonagesimal priority rule.