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STJ: Non-recoverable IPI Excluded from PIS/COFINS Credits for Goods Acquired After Dec 2022

  • The Superior Court of Justice ruled that non-recoverable IPI on purchased goods does not generate PIS/COFINS credits under the non-cumulative regime.
  • Tax credits must strictly follow statutory limits, and non-recoverable IPI cannot be treated as an input or cost for credit purposes.
  • IN RFB No. 2,121/2022 did not introduce new rules but consolidated existing interpretations.
  • The decision applies only to transactions from December 20, 2022, onward.

Source: klalaw.com.br

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.



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