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Check out the main tax rulings: the STF limits municipal interest to the Selic rate, while the STJ removes the cap on third-party contributions and upholds the use of surety bonds in tax enforcement, along with developments on tax-exempt dividends and payroll tax relief
In this Tax Law newsletter, you will read:
- The STF limits interest and monetary adjustment on municipal tax debts to the Selic rate
- The STJ strikes down the 20-minimum-wage cap for additional third-party contributions
- The STJ upholds the use of surety bonds and bank guarantees in tax enforcement proceedings
- The STF will analyze the extension of the deadline for tax-exempt dividends
- Payroll tax relief returns to the STF's agenda
1. STF limits interest and monetary adjustment on municipal tax debts to the Selic rate
The STF formed a majority, in a ruling with general repercussion (Theme 1217 – RE 1,346,152), to declare unconstitutional the application by municipalities of interest and monetary adjustment on tax debts at levels higher than the Selic rate adopted by the Federal Government.
Reporting Justice Cármen Lúcia held that although municipalities have authority to legislate on local taxes, they must comply with constitutional limits and federal general rules, adopting the Selic rate as the single index for interest and monetary adjustment on public treasury debts, with the cumulation of IPCA and 1% monthly interest being prohibited.
The following thesis was established: "Municipalities may not adopt monetary adjustment indices and default interest rates on their tax credits at percentages exceeding the Selic rate applied by the Federal Government for the same purposes."
The judgment opinion has not yet been published.
2. STJ strikes down the 20-minimum-wage cap for additional third-party contributions
The 1st Panel of the STJ, under the repetitive appeals procedure (Theme 1390), removed the limitation of 20 minimum wages from the calculation basis of contributions destined to third parties, such as salário-educação, Incra, Sest, Senar, Senat, DPC, FAER, Sescoop, Apex-Brasil, ABDI and Sebrae. The prevailing understanding was that the cap set forth in Law No. 6,950/1981 was revoked by Law No. 2,318/1986, aligning with the position adopted in Theme 1079 regarding System S contributions.
The panel also rejected a request to modulate the effects of the decision, on the grounds that there was no settled case law on the matter. As a result, the thesis applies to all pending cases. Taxpayer counsel indicated they will file motions for clarification.
3. STJ upholds the use of surety bonds and bank guarantees in tax enforcement
The 1st Panel of the STJ, unanimously, decided in REsp 2,193,673/SC (Theme 1385) that the Public Treasury may not refuse bank guarantees or surety bonds offered as security in tax enforcement proceedings in substitution for cash attachment. The decision aligns case law with a prior precedent of the same panel (Theme 1203), which had already adopted a similar position for non-tax credits.
The Court upheld taxpayers' position that the preference for cash in the order of attachment does not authorize the automatic refusal of a guarantee or insurance bond, since these instruments are expressly provided for in the Tax Enforcement Law (Law No. 6,830/1980).
The following thesis was set: "In tax enforcement, a bank guarantee or surety bond offered as security for a tax credit may not be refused for failure to observe the statutory order of attachment."
The judgment opinion has not yet been published.
4. STF will analyze the extension of the deadline for tax-exempt dividends
The President of the STF will submit to the full bench the analysis of the injunction granted in ADIs 7912 and 7914, which extended to January 31, 2026 the deadline for approval of the distribution of dividends accrued prior to 2025, as a condition for payment without income tax. The taxation of dividends for companies under the Simples Nacional regime remains unchanged.
In practice, the ruling will determine whether companies will have additional time to approve the distribution of 2025 profits. If the injunction is upheld, the deadline will be January 31, 2026; if overturned, December 31, 2025 will prevail, with possible taxation on decisions taken after that date.
The case, which had been under review in the virtual plenary until February 24, does not yet have a new date for conclusion. Before the request to transfer the case to the physical plenary, Justice Alexandre de Moraes had voted with the reporting Justice Nunes Marques to maintain the injunction.
The judgment opinion has not yet been published.
5. Payroll tax relief returns to the STF's agenda
The STF will resume, between February 27 and March 6, the judgment of ADI 7633, which discusses payroll tax relief for 17 economic sectors implemented by Law No. 14,784/2023. The case had been suspended in October 2025 following a request for review by Justice Alexandre de Moraes. Up to that point, the score was 3–0 to follow the opinion of Justice Cristiano Zanin.
In his vote, the reporting Justice reaffirmed that the extension of the benefit must be accompanied by adequate fiscal compensation, as required by constitutional and fiscal rules applicable to revenue waivers.
Despite this judgment, the gradual re-taxation regime through 2027 established by Law No. 14,973/2024 remains in force and is not under review in this case.
The judgment opinion has not yet been published.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
