06/04/2026
In the judgment of Topic 1373, the First Section of the Superior Court of Justice (“STJ”) examined whether non-recoverable IPI levied on the purchase of goods for resale may be included in the calculation basis of PIS/Pasep and Cofins credits, and set an important precedent on the matter within the non-cumulative regime.
In this case, the taxpayer argued for the right to continue calculating PIS and Cofins credits under the non-cumulative regime by taking into account the non-recoverable IPI levied on acquisition transactions. In essence, the taxpayer claimed that the interpretation adopted by the Brazilian Federal Revenue Service in Normative Instruction RFB No. 2,121/2022 was inconsistent with the governing legislation.
When reviewing the matter, the panel held that non-recoverable IPI does not form part of the calculation basis for PIS/Pasep and Cofins credits, on the grounds that credits are only allowed in relation to amounts that were burdened by the same contribution at a previous stage of the chain. According to the ruling, since the amount corresponding to the IPI does not constitute part of the calculation basis of the PIS/Pasep and Cofins owed by the supplier in the sale transaction, there is no cumulative effect to be offset. Accordingly, the STJ also found that the restriction set forth in Normative Instruction RFB No. 2,121/2022 does not suffer from illegality.
In light of this, the following thesis was established: “Non-recoverable IPI levied on the inbound transaction does not form part of the calculation basis for PIS/Pasep and Cofins credits with respect to transactions carried out after the entry into force of Normative Instruction No. 2,121/2022 of the Brazilian Federal Revenue Service, on December 20, 2022.”
Given this scenario, it is advisable to review the PIS and Cofins credit calculations made by companies subject to the non-cumulative regime that acquire goods for resale subject to non-recoverable IPI.
Our Tax team remains available to provide further clarification on the matter and assess the possible impacts of this understanding in similar cases.
Authored by: Thais Ribeiro Bernardes Casado and Gabriel Henrique Santos Nunes
