Rectification in Preparation for the Tax Reform – With the Tax Reform, companies are identifying credits to include in their accounting and tax records for use after the reform comes into effect, since after this process it will no longer be possible to claim PIS and COFINS credits.

In view of the imminent enactment of the Tax Reform and the migration to CBS and IBS, it is natural for questions to arise especially among specialists regarding the fate of tax credits currently accumulated by companies. However, the law establishes specific provisions for this situation. Accordingly, the accumulated PIS, COFINS, and ICMS credits will be preserved and can be used during the transition period.

Although the full definition of the rules depends on complementary regulations, the current design of the reform indicates that accumulated credits can be used to offset obligations related to CBS and IBS or, under certain conditions, be requested for cash reimbursement, in accordance with the established timeline.

However, attention must be paid to the following aspects: the offset must follow technical criteria and require proof of origin and legitimacy.

With the publication of LC 214/2025, guidelines were established for the use of PIS/PASEP and COFINS credit balances properly recorded up to December 31, 2026. These balances from the non-cumulative regime will remain valid and available for use, with their respective deadlines preserved, provided they are properly recorded in the EFD-Contributions.

Thus, provided that the appropriation requirements are met and the credits have been properly recorded, the PIS/PASEP and COFINS credit balance may be:

• Offset against the CBS owed;

• Reimbursed in cash; or

• Offset against other federal taxes.

  In summary, the regulation allows for the preservation of credit balances properly recorded in the EFD-Contributions up to December 31, 2026, whether for offsetting against the calculated CBS, for cash reimbursement, or for offsetting against other taxes.

  Regarding the possibilities of reimbursement or offset against other federal taxes, it should be noted that the reimbursability of credit balances will follow the rules currently in force under PIS/PASEP and COFINS legislation, particularly the requirements established in Article 74 of Law 9,430/1996. In short, only PIS/PASEP and COFINS credits that already have this possibility under current legislation may be reimbursed or offset against other taxes. This includes, for example, credits related to non-taxed revenue (group “200”), export revenue (group “300”), and certain presumed credits.

  In addition to addressing PIS/PASEP and COFINS credits recorded up to December 31, 2026, and not yet used, LC 214/2025 also provides for the appropriation of certain credits not yet recorded, specifically those arising from returned goods, fixed assets, and inventory.

  In conclusion, the new tax framework ensures the preservation of PIS/PASEP, COFINS, and ICMS credits properly recorded up to December 31, 2026, guaranteeing their use during the transition period, whether for offsetting against CBS, cash reimbursement, or, when provided under current legislation, offsetting against other federal taxes. Complementary legislation also authorizes the appropriation of certain credits not yet recorded, such as those derived from returns, fixed assets, and inventory.

  Therefore, it is essential for companies to carry out proper mapping and control of these amounts to ensure correct and efficient utilization of these credits under the new tax scenario.

  Text produced by Ana Karolina Fernandes and Milena Damasceno