The majority of Justices of the Federal Supreme Court (STF) declared unconstitutional the assessment of Corporate Income Tax ("IRPJ") and Social Contribution on Net Profits ("CSLL") on interest calculated based on the SELIC rate added to unduly paid federal taxes and contributions.
This is an Extraordinary Appeal (RE) 1.063.187 in which the Federal Government challenges a decision of the Federal Regional Court of the 4th Region that favoured a legal entity based in Blumenau, SC.
Although the trial has not yet been concluded, it is unlikely that it will end with a decision against the taxpayer.
The case is extremely important for all legal entities that have subjected the aforementioned interest to IRPJ and CSLL levies (for instance, those that have unduly paid PIS and COFINS on the amounts of the Tax on the Circulation of Goods and Services - "ICMS"), since the effects of the final decision will benefit all taxpayers that are discussing the matter in court.
Unless the STF modulates the effects of the decision, in principle, legal entities that are discussing the matter in court will be able to recover the amounts of IRPJ and CSLL unduly paid (on SELIC interest) relating to the last 5 years.
BT Law's lawyers are following the trial in question and remain available to their Clients and other interested parties to advise them as soon as the judgment is finalized.
