Receita publica atos interpretativos sobre Pis/Pasep e Cofins

Receita publica atos interpretativos sobre Pis/Pasep e Cofins

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A Receita Federal publicou no Diário Oficial da União dois atos interpretativos relevantes

Na Solução de Divergência Cosit nº 7, de 2016, examina-se o conceito de “insumos” para fins de creditamento no âmbito da não cumulatividade da Contribuição para o Pis/Pasep e da Cofins, para reafirmar fundamentadamente o tradicional entendimento da RFB de que somente se consideram insumos para fins de apuração de crédito das referidas contribuições os bens e serviços diretamente utilizados na produção de bens destinados à venda ou na prestação de serviços a terceiros, e de que, em consequência, é vedada a apuração de crédito das contribuições em relação a bens e serviços que mantenham relação indireta com produção de bens ou com a prestação de serviços.

Na Solução de Consulta Cosit nº 106, de 2016, conclui-se que está dispensada a retenção da Contribuição para o Pis/Pasep e da Cofins por parte das pessoas jurídicas optantes pelo Simples Nacional quando vendem autopeças sujeitas à incidência concentrada ou monofásica das contribuições, ainda que a venda ocorra por meio de industrialização por encomenda.

A publicação dos mencionados atos interpretativos merece destaque em razão da relevância e abrangência dos temas abordados e também porque suas disposições são vinculantes para futuras decisões tomadas no âmbito da RFB, inclusive em processos de consulta sobre a interpretação da legislação tributária, de fiscalização tributária, de julgamento de recursos administrativos e de ressarcimento ou compensação tributários.

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A íntegra dos atos interpretativos pode ser consultada no sítio eletrônico da RFB, na seção “Legislação” ou respectivamente nos endereços:

Solução de Divergência Cosit nº 7

Solução de Consulta Cosit nº 106

Fonte: Fenacon
Data: 24 de outubro de 2016
Acesso: 28 de outubro de 2016

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