By João Vitor Oliveira Marques and Guilherme Santil Felix da Silva
The First Section of the Brazilian Superior Court of Justice (STJ), in a ruling issued on November 11, 2026, under Binding Precedent Topic No. 1,412, established that discounts and bonuses granted by suppliers to purchasers of goods, when linked to purchase and sale transactions, are not included in the calculation basis for PIS and COFINS contributions.
The decision represents a significant victory for taxpayers and harmonizes the Court’s interpretation in favor of the position previously adopted by the First Panel, rejecting the more restrictive interpretation upheld by the Second Panel.
The dispute concerned whether discounts and bonuses received by purchasers could be classified as revenue for the purposes of PIS and COFINS taxation, pursuant to Article 1, Paragraph 3, Item V(a), of Laws No. 10,637/2002 and No. 10,833/2003.
Discounts and Bonuses as Reductions in Acquisition Costs
The Court’s ruling recognizes that discounts and bonuses associated with purchase and sale transactions constitute reductions in the acquisition cost of goods rather than revenue earned by the purchaser.
This distinction is significant because a reduction in the amount effectively paid to acquire a product does not constitute a new, positive, and definitive increase in the purchaser’s assets. Rather, it represents an adjustment to the transaction price, reducing the acquisition cost and, consequently, falling outside the concept of revenue that forms the taxable basis of PIS and COFINS.
Accordingly, the STJ rejected the possibility of treating such amounts as revenue solely based on the manner in which they are granted or recorded for accounting purposes, emphasizing their legal and economic substance within the commercial transaction.
Irrelevance of Discount Classification and the Method of Granting Benefits
Another significant aspect of the decision was the recognition that the nature of discounts and bonuses remains unchanged regardless of whether they are classified as conditional or unconditional.
Therefore, even when discounts or bonuses are subject to commercial obligations inherent to price formation, the corresponding amounts continue to be characterized as reductions in acquisition costs, provided they are linked to the purchase and sale transaction.
Similarly, the requirement to separately disclose discounts on invoices is not a determining factor for the incidence of PIS and COFINS on the purchaser. Tax classification and invoice disclosure relate to the determination of the supplier’s revenue and are insufficient to transform a reduction in acquisition costs into revenue for the purchaser.
The ruling also clarified that the method of settling the transaction, whether through offsetting or payment in kind, does not alter the legal nature of discounts and bonuses.
Exception: Cash Bonuses
The Court’s interpretation establishes a specific exception for cash bonuses effectively received by the purchaser that constitute a new, positive, and definitive increase in assets.
In such circumstances, unlike discounts and bonuses associated with reductions in the acquisition price of goods, the amounts may qualify as independent revenue subject to PIS and COFINS taxation, depending on the specific characteristics of the transaction.
No Limitation on the Temporal Effects of the Decision
The STJ also determined that there was no need to limit the temporal effects of its ruling.
According to the Court, the decision did not overturn a previously consolidated interpretation but rather resolved an existing divergence in case law between its Panels.
Consequently, the established precedent will produce effects under the general rules applicable to binding repetitive appeals, without any exceptional temporal limitation.
Consequences and Implications
The ruling under Topic No. 1,412 represents a significant development for taxpayers, particularly retailers and other businesses that receive discounts and bonuses from their suppliers.
By recognizing that these amounts constitute reductions in acquisition costs rather than taxable revenue, the STJ rejects an interpretation that improperly expanded the PIS and COFINS tax base, providing greater legal certainty for commercial transactions.
The decision is also particularly relevant because it harmonizes the interpretation of issues that had previously generated conflicting judicial decisions, including the classification of discounts as conditional or unconditional, invoice disclosure requirements, and the different methods of granting and settling bonuses.
For businesses, it is important to review the tax and accounting procedures adopted when receiving discounts and bonuses, verify their effective connection to the acquisition of goods, and identify any amounts that may have been unduly paid.
For further information, please contact our team of specialists. The Tax Department of Marins Bertoldi Advogados closely monitors developments related to this matter and remains available to address any questions and provide further guidance tailored to the specific circumstances of each business.
