Market
STF drops of ICMS on imports Autor: Rodrigo Giachini - Advogado
The Supreme Court, in a unanimous decision of the House, ruled unconstitutional the inclusion of the value of ICMS in the PIS and COFINS on imports.
The decision will benefit all companies that have already questioned the matter in court. According to calculations by the Union within the judiciary, the issue involves about $ 33.8 billion.
For the lawyer Rodrigo Giachini, Area Intelligence Specialist in Federal Taxes Scalzilli.fmv of Lawyers & Associates, "a new reality will reduce costs for companies and may represent a chance to search for amounts unduly paid in the last five years. This possibility, however, depend FTS modular or not the effects of decision ".
According Giachini, the decision brings great hope for the other matter of extreme importance, arguing the unconstitutionality of the inclusion of the value of ICMS in the PIS and COFINS operations domestically.
"We are awaiting the judgment of ADC n. # 18, which discusses a similar situation, only with respect to PIS and COFINS in operations in the domestic market, but this, with coverage of a much larger number of taxpayers," summed up the tax specialist.
