STF Extends Dividend Approval Deadline to Jan. 31 in Provisional Ruling

Overview

• Justice Kassio Nunes Marques granted a liminar moving the cutoff to 31 January 2026 in cases brought by the CNI and CNC.
• The order will be submitted to the Supreme Court’s virtual plenary for review between 13 and 24 February 2026.
• Law 15.270 ties the 2025 exemption to formal approval by year-end and from 2026 imposes a 10% tax on monthly dividends above R$50,000.
• Despite the court order, the Federal Revenue advised companies to approve distributions by 31 December or use interim balances to preserve the exemption if the liminar is reversed.
• Nunes Marques rejected an OAB request to exempt Simples Nacional firms and cited a CFC note calling the original 31 December requirement technically infeasible and prone to rushed accounting.