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Complementary Law 214/25 Opens a Window Between 2027 and 2032 for Companies to Use Accumulated Credits of PIS, Cofins, and ICMS but Imposes Deadlines of Up to 20 Years for Refund, Which Should Lead to Strong Judicialization.
The Tax Reform defined new rules for the use of tax credits during the transition period to the new system. The Complementary Law 214/25 establishes that companies will be able to use accumulated credits of PIS, Cofins, and ICMS between 2027 and 2032. However, the refund deadlines, which can reach up to 20 years, already concern specialists and business owners.
According to the regulation, unused PIS and Cofins credits until December 31, 2026 can be offset against the future Contribution on Goods and Services (CBS), used to settle other federal taxes, or converted into cash reimbursement. The measure aims to provide financial relief to companies during the transition, but poses risks due to the established deadlines.
How the Use of PIS and Cofins Credits Will Work
The government established that, between 2027 and 2032, companies will be able to use accumulated PIS and Cofins credits, including presumed credits, under the new model. Another measure envisaged is the possibility of offsetting these amounts with existing federal taxes, in addition to the option to request reimbursement in kind.
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In the case of companies classified under Presumed Profit, there will be an additional mechanism: credits calculated on the stock of physical goods as of January 1, 2027. This rule was created to reduce financial losses resulting from the change in tax regime. However, the law limits the use: credits expire five years after their appropriation, which may lead to legal disputes if significant amounts are lost.
What Changes for ICMS Credits
In the case of ICMS, which will be gradually replaced by the Tax on Goods and Services (IBS) by 2033, the reimbursement of credits will depend on the approval of the states. Requests can be filed between 2033 and 2037, but the reimbursement will have a maximum deadline of 240 installments, that is, 20 years.
Tax specialists warn that this delay may jeopardize the cash flow of companies, especially in sectors with large volumes of accumulated credits, such as industries and exporters. The risk is that the value lost due to postponement reduces the competitiveness of companies, increasing the pressure for judicialization.
Experts Point Out Risks and Opportunities
According to lawyer Katia Locoselli, from the law firm Diamantino Advogados Associados, the transition can bring both opportunities and challenges. The correct use of credits can reduce the tax burden and even enable corporate reorganizations, but it requires careful mapping of stocks, compliance accounting records, and detailed documentation.
The recommendation is for companies to invest immediately in tax review routines and in tax planning strategies. Without this care, there is a risk of losing relevant credits due to expiration deadlines, bureaucracy, or divergent interpretations by regulatory agencies.
Preparation Is the Key to Not Losing Resources
Despite the criticism, the Tax Reform also opens up space for companies to transform old credits into real financial gains, provided they adopt efficient management during the transition period. The challenge will be to deal with the sluggishness of the process and the need for documented proof before the Federal Revenue and states.
Experts evaluate that anticipation in accounting and tax organization will be decisive to ensure that the credits do not turn into losses. Companies that wait to act only during the approval period may face greater risks of litigation and losses.
And you, do you believe that the deadlines of the Tax Reform will harm the cash flow of companies or represent a long-term opportunity for tax relief? Leave your opinion in the comments — we want to hear the views of those who live this reality daily.
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