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Companies must pay PIS/Cofins on credit card administration fees

14/09/2020

By majority vote, the Virtual Plenary of the Brazilian Federal Supreme Court (STF) decided that the fees paid to credit and debit card companies must be included, by the selling companies, in their Social Integration Program (PIS) and Social Security Financing Contribution (Cofins) calculation basis. By the decision, the administrative fees that will later be passed on to the credit card companies should be taxed at source, as they constitute operating costs to be included in the revenue of the companies that received the payment by card.

The Court's decision was taken in the analysis of Extraordinary Appeal (RE) 1049811, with general repercussion recognized (Theme 1024). In the process, HT Comércio de Madeiras e Ferragens Ltda. argued that the amount collected and later passed on to the credit card companies does not adhere to the business assets and, therefore, could not integrate the concept of receipt and income, the calculation basis of PIS and Cofins.

RR/CR//CF - CG/FB/GL

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