The federal government published in the Official Gazette of the Union (DOU) this Tuesday (30), Law 14,592/2023, which, among other measures, provides for the calculation of the Social Integration Program (PIS) / Contribution for the Financing of Social Security (Cofins).
Conversion of Provisional Measure (MP) 1,159/2023, the rule now provides that the Tax on the Circulation of Goods and Services (ICMS) can no longer form the basis for calculating PIS and Cofins credits on purchasing transactions.
Respecting the 90-day period, the MP came into effect on May 1. However, it needed to be converted into law by June 1 to be maintained.
- PIS/Cofins credit calculation basis
In practice, ICMS should no longer be part of the calculation basis for credits, as explained by tax consultant and partner at SEFAZMERIR, Juliana Maurília Martins, in the example below:
Before the change
If the company made purchases worth R$$ 70 thousand, generating PIS and COFINS credits, and R$$ 12,600 of ICMS was levied, this tax would not interfere in the calculation basis of the credit.
Therefore, it was correct to maintain the calculation basis at 70 thousand, which results in an amount to be paid of R$ 912, referring to COFINS. The same reasoning also applies to PIS,
After the change
With the change, the calculation basis will not be R$ 70 thousand, but rather R$ 57,400 (70,000 – 12,600), because it will be necessary to subtract this ICMS in the purchase transaction in the calculation basis of PIS and COFINS credits. In this example, it will result in R$ 1,869.60 to be paid in COFINS.
- Other measures
Law 14,592/2023 also vetoes the reduction of the contribution to Sesc and Senac for Embratur, maintains the Emergency Program for the Resumption of the Events Sector (Perse) for another five years, extends until the end of the year the exemption from PIS/Cofins on diesel, biodiesel and cooking gas and establishes a zero rate of these taxes for the air transport sector. Check it out in full.
Source: https://www.contabeis.com.br/noticias/57249/pis-cofins-lei-estabelece-exclusao-do-icms/