On 11.22.2013, Answer to Inquiry No. 21, issued on 11.06.2013, was published by the Internal Revenue Service. This rule concerns the treatment to revenues related to late-payment and ex officio penalty and interest due to the benefits provided by Law No. 11,941, of May 27th, 2009, such as the inclusion of debts in term-payment programs.
The IRS understood that revenues originated from reduction of late-payment penalty and interest can be excluded from net profit for the purposes of calculating real profit and CSL taxable basis, and are not included in PIS and COFINS bases. Notwithstanding that, concerning ex officio penalties, although them not being included in PIS and COFINS bases, they are not deductible for the purposes of assessing real profit and CSLL basis.
(Answer to Inquiry No. 21, 11.06.2013, Official Gazette of 11.22.2013).