Impact of the exclusion of ICMS from PIS and COFINS calculation base: study on the STF decision and its effects on a food company

• Autor(a) principal: Zago, Jéssica Andressa
• Data de Publicação: 2022
• Outros Autores: Silva, Letícia Twardowski da, Rigo, Vitor Paulo
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Revista Ambiente Contábil
• Texto Completo: https://periodicos.ufrn.br/ambiente/article/view/27704
• topic: ICMS. PIS. COFINS. Undue.; Impact of the exclusion of ICMS from PIS and COFINS calculation base: study on the STF decision and its effects on a food company.; ICMS. PIS. COFINS. Indebido.; El impacto de la exclusión del ICMS de la base del cálculo del PIS y del COFINS: estudio sobre la decisión del STF y sus efectos en una empresa del segmento alimentício.; ICMS. PIS. COFINS. Indébito.; Impacto da exclusão do ICMS da base de cálculo do PIS e da COFINS: estudo sobre a decisão do STF e seus efeitos em uma empresa do segmento alimentício.

Objective: This study aims to present the impact of the decision issued by the Supreme Federal Court that excludes ICMS from PIS and COFINS calculation basis and to present the amount of these contributions to be refunded by a company in the food sector, within the framework of the actual profit method. Methodology: A descriptive research was used, applied to a case study with quantitative data approach. The composition of the values and identification of the undue amount was made from the thorough analysis of the company's tax and accounting documents, from 2012 to 2017. Results: It was found that the STF decision allows different interpretations regarding the calculation system for reimbursement of eventual values, therefore, as there is still no legal certainty regarding the criterion to be used, it was decided to show the values by both methods, that is, excluding the posted ICMS and the collected ICMS. The research result showed that both forms of calculation proved to be beneficial for the company, even with the huge discrepancy identified when confronting the undue amounts found in each calculation criterion. Study Contributions: The study makes a significant contribution because it is the decision made by the STF that excludes ICMS from the PIS and COFINS calculation base, a matter that has been dragging on by the STF for many years, and which is still confused and allows different interpretations as to the method of calculating the amount due. Disharmonized and unsafe decisions, the great amounts that the government needs to return to companies and the breadth that decision has taken at the national level make the matter relevant because as shown in the present study, despite the discrepant results between the ways of calculating the amount to be refunded / compensated, the company obtains a significant financial advantage.