Minister Kassio Nunes Marques, of the Federal Supreme Court (STF), extended until January 31, 2026 the deadline for companies to deliberate on those assessed in 2025 in an impartial manner.
The period would end on December 31st of this year, in accordance with a law approved by the National Congress and sanctioned by President Luiz Inácio Lula da Silva.
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The decision, which needs to be confirmed by the STF plenary, partially responds to a request from the National Confederation of Industry (CNI) and the National Confederation of Commerce (CNC), which sued the Supreme Court to overturn the rule approved in the project.
The measure is part of the proposal that exempted income tax from people who earn up to R$5,000 per month and established a minimum rate for those who earn more than R$50,000.
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The minister’s determination does not affect the Income Tax exemption nor the scope of the charge for those earning more than R$50,000.
The law establishes that, from January 2026, dividends, currently exempt, will be subject to a fixed rate of 10% Income Tax when payments in a month exceed R$50,000 per company, with taxation at source. This also applies to investors who are not residents of the country.
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The law required, however, that the deliberation of profits calculated in 2025 be made by December 31st of this year so that these amounts would be exempt, even if they were distributed in subsequent years (until 2028). This point was questioned by companies, as it could affect the scope of the exemption for companies, as shown in the Estadão.
Experts drew attention to the fact that many companies close their accounts in the year following the calculation of profits, as all operations carried out in 2025 need to be processed and recorded by the last day of the year.
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According to Nunes Marques, the deadline of December 31, 2025 for approving the distribution considerably advanced the system currently in force for this purpose.
“Furthermore, considering the very recent publication of the standard, in practice, a short deadline is determined for legal entities to comply with various instrumental duties essential for an adequate – and safe – calculation of results and deliberation in the assembly”, wrote the minister in the decision.
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The judge decided not to overturn the rule nor to overturn the charge for micro and small businesses opting for Simples Nacional, as requested by the Brazilian Bar Association, due to the impacts on law firms. According to Nunes Marques, the balance of public accounts and fiscal responsibility “could be seriously harmed”.
