Exclusão do ICMS na base de cálculo do PIS e COFINS: impacto financeiro em duas empresas de agronegócio no Paraná

Abstract

The complexity of the Brazilian tax system is a widely discussed topic due to its significant impact on businesses and the country's economy. This study addresses the exclusion of ICMS from the PIS and COFINS tax base, a highly relevant tax issue that directly affects corporate finances and, consequently, their competitiveness. The objective of this research is to assess the financial impact of the ICMS exclusion from the PIS and COFINS tax base in a grain company and an agricultural input retailer in the state of Paraná, both taxed under the real profit regime and the non-cumulative method. To achieve this goal, an exploratory study was conducted using a case study approach. Data collection was carried out through document analysis, using spreadsheets provided by the accountant responsible for the companies, containing records of incoming and outgoing transactions. The analysis covers periods before and after the enactment of Law No. 14.592/2023, which formalized the exclusion of ICMS from the tax base of these contributions. The Supreme Federal Court's decisions in 2017 and 2023 are fundamental to understanding the variations in financial effects resulting from this exclusion. The research demonstrates that, although the exclusion of ICMS reduces the PIS and COFINS tax base, benefiting taxpayers, it also results in lower tax credits on inputs, which may affect competitiveness and investment capacity. The results revealed that the ICMS exclusion had distinct impacts on the two analyzed companies. In Company A, where the volume of tax credits was more significant, the exclusion of ICMS on incoming transactions led to an average reduction of 5,96% in the tax base over the two analyzed periods, while for outgoing transactions, this reduction was 3,19%. When considered together, the effects of the exclusion resulted in a total financial loss of R$ 57.540,54. On the other hand, in Company B, where the volume of tax debits was higher, the ICMS exclusion was more significant for outgoing transactions, with an average reduction of 5,12% in the tax base, while for incoming transactions, the reduction was 3,88%. In this case, the final assessment indicated a financial saving of R$ 13.332,69.