Supremo publica acórdão que afastou ICMS da base de cálculo do PIS e da Cofins

Supremo publica acórdão que afastou ICMS da base de cálculo do PIS e da Cofins

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O Supremo Tribunal Federal publicou, nesta segunda-feira (2/10), o acórdão do julgamento que definiu que o ICMS, por não compor faturamento ou receita bruta das empresas, deve ser excluído da base de cálculo do PIS e da Cofins. O resultado, por 6 votos a 4, representou uma vitória dos contribuintes.

O recurso extraordinário que tratava do tema, com repercussão geral reconhecida, foi relatado pela ministra Cármen Lúcia. Ficaram vencidos os ministros Luiz Edson Fachin, Luís Roberto Barroso, Dias Toffoli e Gilmar Mendes.

Para a presidente do STF e a maioria da corte, o valor pago de ICMS pela empresa e repassado ao consumidor não pode ser considerado faturamento, por isso o PIS e a Cofins devem incidir apenas sobre o valor efetivamente faturado pela empresa com a venda de seus produtos e mercadorias. Para a corte, as duas contribuições só podem incidir sobre o faturamento, que é o somatório dos valores das operações feitas pela empresa.

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A Cofins financia a seguridade social. Já o PIS serve para financiar o pagamento do abono salarial e seguro-desemprego. O STF não modulou os efeitos da decisão porque não havia pedido formal no processo de modulação.

Clique aqui para ler o acórdão.
RE 574.706

Fonte: Conjur
Data: 02 de outubro de 2017
Acesso: 06 de outubro de 2017

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