On April 30, 2025, the Federal Revenue Service published RFB Normative Instruction No. 2,264/2025, which significantly amends RFB Normative Instruction No. 2,121/2022, the regulatory framework for PIS and Cofins contributions.
The new rule has a direct impact on the non-cumulative regime, with significant repercussions on the calculation of credits, tax offsets and specific tax regimes.
The main points are highlighted below:
1. Freight and Insurance Credits: Resumption of Rights and Warning of Retroactive Risks
IN No. 2,264/2025 re-establishes the right to PIS/COFINS credit on freight and insurance in the following situations:
- Purchase of inputs, with freight and insurance within national territory;
- Purchase of fixed assets linked to zero-rate, suspended or non-taxable income;
- Purchase of goods for resale, applicable to commercial companies.
1.1. Normative timeline:
| Situation | Period | Applicable standard |
| Credit allowed | 15/12/2022 a 26/04/2023 | IN RFB no. 2.121/2022 |
| No credit | 27/04/2023 a 29/04/2025 | IN RFB no. 2.163/2023 |
| Credit resumed | From 30/04/2025 | IN RFB no. 2.264/2025 |
Caution is advised when reviewing credits taken out between 2023 and 2025. The adoption of conservative criteria and robust documentation is essential to mitigate risks in future inspections.
2. Broadening the Concept of Inputs in the Non-Cumulative Regime
The rule also expands the list of inputs eligible for credits, including:
- Transportation of labor linked to production or the provision of services;
- Freight and insurance as detailed above;
- Other essential and relevant expenses, as long as they are directly related to the core business.
These changes are in line with STJ case law and reinforce the importance of internal controls and adequate documentation.
3. New Exclusions from the Calculation Base
IN No. 2,264/2025 introduces new hypotheses for exclusion from the PIS/COFINS calculation base, such as:
- Tax benefits accounted for as operating income;
- Environmental services (Law No. 14.119/2021);
- Transfer of fees by law firms to associate lawyers.
4. Single-Phase Regime: Broadening the Scope
The rule reinforces the application of concentrated taxation (single-phase regime) to various products and sectors:
- Fuels (gasoline, diesel, LPG, naphtha);
- Medicines, cosmetics and hygiene products;
- Alcoholic drinks, soft drinks and mineral waters;
- Cigarettes;
- Motor vehicles and auto parts.
Companies in the ZFM and Free Trade Areas must comply with specific tax substitution rules.
5. Rate reductions
Zero rates are established for
- LPG in cylinders of up to 13 kg, for domestic use;
- Intercity and interstate passenger road transport (except metropolitan), until 31/12/2026;
- Sales to public entities for Modular Health Units.
6. Compensation on imports
The rule allows the offsetting of positive balances arising from the difference between taxes paid on imports and those due on resale in the domestic market.
It applies to triggering events from January 1, 2023 and favors companies that import and resell goods.
7. Recommendations to Companies
- Reassess crediting criteria in the light of the new standard;
- Updating internal controls and compliance procedures;
- Retroactively review credits taken between 2023 and 2025;
- Ensuring technical and accounting support documentation;
- Monitor impacts on import, resale and industrialization chains.
8. How we can support you
Our team is at your disposal:
- Analyze the impacts of the new regulations on your company’s operations;
- Reviewing tax credit policies and PIS/COFINS compliance;
- Providing technical support for inspections and refunds;
- Advising on interlocution processes with the Internal Revenue Service.
You can count on our tax team to adapt your company to the new regulatory scenario and identify tax opportunities safely and strategically.