MP 1,227/2024 limitation on offsetting PIS and COFINS credits loses effect

The limitation on the offsetting of PIS and COFINS credits in Provisional Measure 1,227/2024 has lost its effect, as announced by the President of the Senate, Rodrigo Pacheco, on 11/6/2024.

Provisional Measure 1,227/2024 had established that PIS and COFINS credits would only be offset against debts relating to the same contributions.

However, with the loss of effect of the provision, the possibility of offsetting PIS and COFINS book credits with other taxes and contributions administered by the Federal Revenue Service is re-established.

The part of Provisional Measure 1,227/2024 that determines the obligation to provide information to the Federal Revenue Service, via electronic declaration, regarding tax benefits received, as well as the possibility of reimbursing in cash the credit balance of presumed PIS and COFINS credits calculated on the acquisition of inputs, also remains in force.

Finally, the possibility of the Federal Government delegating to the States and Municipalities the judgment of administrative proceedings dealing with the Tax on Rural Territorial Property (“ITR”) remains in force.

Lawyers from Araújo e Policastro’s tax team are available to provide additional guidance to companies impacted by the effects of Provisional Measure 1,227/2024.