Through a single act, drafted in a logical and organized manner, citizens now have available everything they need to know regarding the complex PIS/Pasep and Cofins contributions.
Normative Instruction RFB No. 2121, of December 15, 2022, consolidates the legislation on the subject.
Among the changes, the Federal Revenue Service (RFB) regulated the exclusion of the ICMS highlighted on the invoice from the calculation base of PIS and COFINS (art. 26, XII) as a result of the conclusion of the judgment of the matter by the Federal Supreme Court in 2021 (RE 574,706).
With respect to the credits of the two contributions, the new Normative Instruction 2,121:
- Incorporated the favorable understanding of the Federal Supreme Court (STF) in the aforementioned RE 574,706, by providing for the calculation of the credits on the total acquisition value of the inputs or products for resale, including the amount of the ICMS (art. 171, II);
- Provided greater detail regarding the criteria of essentiality and relevance set by the Superior Court of Justice (STJ) in 2018 (REsp 1,221,170) for the definition of the inputs that give rise to a right to credit (arts. 176 et seq.).
In addition to replacing the previous NI (Normative Instruction RFB No. 1,911, of October 11, 2019), several other rules were condensed into a single act, in a structured and systematized manner, in order to facilitate the calculation of these contributions and the fulfillment of ancillary obligations by companies.
Normative Instruction RFB No. 1,911, of October 11, 2019, had already revoked a large part of the framework of normative instructions currently applicable to the contributions.
The new NI, in addition to revoking the previous one, also consolidates and eliminates the acts that were issued since 2019. Such rules, after being refined and updated, came to compose the latest consolidation.
For this purpose, laws, decrees, normative instructions, judicial decisions and operational rules were compiled, including forms and applications necessary to enable the exercise of the most diverse regimes and benefits.
With the issuance of the Normative Instruction, the Federal Revenue Service takes an important step toward improving the country’s business environment.
With information from the Federal Revenue Service.
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