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Brazilian Federal Supreme Court Rules on Refunds in relation to Unconstitutional Inclusion of ICMS in Calculating PIS/COFINS

|Approved Changes|Brazil
Brazil

In a decision issued 13 May 2021, the Brazilian Supreme Federal Court ruled on the right of taxpayers to claim a refund in relation to the inclusion of state value added tax (ICMS) in the basis for calculating the Contribution for the Social Integration Program (PIS) and the Contribution for the Financing of Social Security (COFINS).

The decision concerns an earlier decision issued on 15 March 2017, in which the Court found that the inclusion of ICMS in the basis for calculating PIS/COFINS…

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