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Brazil Excludes State VAT (ICMS) from PIS/COFINS Contributions Basis — Orbitax Tax News & Alerts

Brazil has published Provisional Measure No. 1.159 of 12 january 2023, which excludes state value added tax (ICMS) from the basis for calculating the Contribution for the Social Integration Program (PIS) and the Contribution for the Financing of Social Security (COFINS). This is in line with an earlier Supreme Federal Court decision that the inclusion of ICMS in the basis for calculating PIS/COFINS was unconstitutional. It is also provided that ICMS levied on acquisition (purchase) operations cannot be included in the calculation of PIS/COFINS credits.

Provisional Measure No. 1.159 entered into force and generally applies from 12 January 2023, although the exclusion of amounts of ICMS levied on acquisition (purchase) operations for PIS/COFINS credits applies from 1 May 2023.

Note - Provisional Measures must be extended or converted into law within 60 days.