12/03/2025
In the judgment of Repetitive Theme 1,319, the 1st Panel of the Superior Court of Justice (STJ) issued a ruling favorable to taxpayers, establishing that interest on equity (JCP) may be deducted from the corporate income tax (IRPJ) and social contribution on net profit (CSLL) bases, even when calculated in fiscal years prior to the shareholders’ resolution authorizing their payment.
The core of the dispute lies in the interpretation of Law 9.249/1995, which allows that companies deduct JCP—hat function as a form of profit distribution to investors—thereby reducing the IRPJ and CSLL tax bases. The Federal Revenue Service argued that such deduction would only be permissible in the same fiscal year in which the correspondent profit was generated, while taxpayers contended that the legislation imposes no temporal limitation.
The Court ultimately concluded that Law 9.249/1995 does not condition the deductibility of JCP on the same fiscal year in which the correspondent profit is realized. In June 2023, the 1st Panel of the Superior Court had already allowed the deduction of JCP from previous fiscal years in REsp 1.971.537/SP.
The case’s Rapporteur indicated that the date on which payments are made does not violate the basis of accounting, as revenues and expenses must be recognized in the period in which they effectively occur, regardless of when payment is executed. Thus, the event that gives rise to the expense is the resolution of the shareholders’ meeting authorizing it, which triggers the obligation for accounting recognition.
As a result of the decision, taxpayer companies may review past filings and claim deductions for retroactive JCP.
Our tax team remains available to provide further clarification and guidance on the matter, and to assist companies in assessing strategic actions.
Co-authored by: Thais Bernardes Casado and Lívia Mauerberg Muscari
