Empresas podem recuperar Pis e Cofins pagos em importações

Empresas podem recuperar Pis e Cofins pagos em importações

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O benefício vale para operações realizadas entre 2011 e 2013, período no qual a base de cálculo desses impostos foi considerada irregular pelo Supremo Tribunal Federal

O contribuinte que realizou importação entre 2011 e 2013 pode pedir a restituição de valores do Pis e da Cofins pagos a mais nessas operações.

Essa possibilidade foi aberta por uma decisão do Supremo Tribunal Federal, que julgou indevida a forma como esses tributos incidiram sobre as importações.

A base de cálculo do Pis e da Cofins é onerada pelo Imposto Sobre Circulação de mercadorias e Serviços (ICMS).

Essa incidência em cascata – quando um imposto incide sobre outro – é que foi considerada irregular pelos Ministros do Supremo.

A forma de cálculo dos tributos foi alterada em 2013, quando suas bases de cálculo passaram a considerar apenas o valor aduaneiro da mercadoria.

A advogada Beatriz Dainese, sócia da Giugliani Advogados, afirma que o posicionamento do STF favorável ao contribuinte é válido apenas para a incidência de Pis e Cofins em operações de importação.

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“O ICMS onera a base de cálculo desses tributos em outros tipos de operações. No entanto, ainda não há um posicionamento do Supremo para esses casos gerais”, diz Dainese.

Mas a advogada diz que o entendimento favorável ao contribuinte no caso das importações abre um precedente que permite supor que os Ministros do Supremo também considerem irregular a incidência do ICMS na base de cálculo do PIS/Cofins para todo o tipo de operação.

COMO REAVER OS VALORES

De acordo com Beatriz, o procedimento para recuperar os valores de Pis e Cofins de importações é administrativo. Ou seja, o trâmite é feito junto da Receita Federal, saem a necessidade de acionar a Justiça.

É preciso ter em mãos todas as declarações de importação entre 2011 e 2013, além dos comprovantes de pagamento de Pis/Cofins do período.

No momento de fazer os cálculos dos valores excedentes pagos é preciso lembrar de fazer a correção pela Selic.

Há duas formas de reaver os valores: pedindo sua restituição ou a compensação. A compensação costuma ser mais vantajosa porque é mais rápida. Por essa modalidade, os valores recuperados são usados diretamente para pagar impostos devidos pela empresa.

Fonte: Diário do Comércio
Data: 19 de outubro de 2016
Acesso: 21 de outubro de 2016

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