The Brazilian Federal Revenue Office (RFB) has published Normative Instruction No. 2,264, dated April 30, 2025, implementing comprehensive updates to RFB Normative Instruction No. 2,121/2022, which consolidates regulations on the calculation, collection, inspection, and administration of PIS/PASEP and COFINS contributions¹, including import operations. The new regulation brings significant advances that can positively impact companies’ tax management while reinforcing the need for strategic attention to properly utilize benefits and comply with tax obligations.

Key highlights and opportunities

The new Normative Instruction 2,264/2025 introduces adjustments and details on various sensitive aspects of the legislation, emphasizing:

• Import of goods and services: specific rules for legal entities that are immune, exempt, or not subject to these contributions, enhancing legal certainty and predictability in international operations.
• Manaus Free Trade Zone and free trade areas²: updated scenarios for non-taxation and concentrated tax regimes, with direct implications for companies operating in these regions, including product resale and tax credit systems.
• Itaipu Binational operations³: consolidation of provisions regarding the sale of materials, equipment, and services directly to Itaipu, reinforcing the special treatment provided by law.
• Urban passenger transport: new rules for concession and permission holders, especially regarding fare compensation systems, with the possibility of excluding revenues transferred to other companies in the same sector.
• Agricultural cooperative societies and integrators: inclusion of provisions that recognize these entities’ particularities, allowing specific exclusions and credits in contribution calculations.

Structural updates and legal certainty

The regulation reorganizes and expands internal provisions of Normative Instruction No. 2,121/2022, incorporating articles and subsections that reflect recent judicial decisions and updated positions from the Attorney General’s Office of the National Treasury (PGFN), such as Opinion SEI No. 14,483/2021. This modernization provides greater clarity and alignment with current control bodies’ understanding, reducing risks of tax assessments and litigation.

Special attention required for companies with import operations and special regimes

Given these changes, it is essential for companies’ tax and fiscal departments to review their internal processes, especially those involved with imports, special regimes, Manaus Free Trade Zone, free trade areas, passenger transport, and cooperative activities, as the correct interpretation and application of the new rules are essential to ensure benefit utilization, avoid contingencies, and enhance tax efficiency.

Notes:

¹ PIS/PASEP and COFINS are Brazilian federal contributions levied on gross revenues and imports.

² The Manaus Free Trade Zone is a special economic area in the Brazilian Amazon region offering tax incentives to promote industrial development.

³ Itaipu Binational is a hydroelectric dam jointly operated by Brazil and Paraguay, subject to special tax treatment under bilateral agreements.