PIS E COFINS - Considerations about Law 14,789/23 PIS and COFINS on tax incentive gains granted by the federative units

Because of Law 14,789, published on December 29, 2023, the deadline for payment of PIS and COFINS guides for taxpayers opting for real profit won on 29/02.
The purpose of this text is to present , well summarized, legal exits against MP 1185/23, converted into Law 14,789 of December 29, 2023 and has had effects since January 2024 (ICMS discount subsidies granted by tax incentives that States give companies aiming at their economic development).
Come on! as "other revenues" (*for calculation and payment purposes only for taxpayers opting for real profit). In the light of tax law claiming that it is a subsidy for investment and that this gain should not be taxed by the federal government. In this case we suggest the collection in court. *Here the argument is different from the action regarding IRPJ and CSLL, which we defend, since PIS and COFINS are taxes on "consumption", not on income (profit).

made these places, we advise entrepreneurs to analyze all points presented here so that they can decide which direction to take about this first tax increase of 2024.

Due to the magnitude of the subject, I understand that such analyzes should be done with the effective support of trained professionals, the accounting and legal areas, because the consequences of decisions that are made at this time will reverberate for long years, at least while This legislation and the headquarters of the Federal Government.

We, from the Olyirico Cunha and Camargo & Pagani offices, we are available to discuss this and other tax matters.

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