Administrative and judicial deposits linked to the Federal Government will now be adjusted according to the IPCA (Brazilian Consumer Price Index).

The Ministry of Finance Ordinance No. 1,430/25 , published in the Official Gazette on July 7, 2025, addresses deposits in administrative or judicial proceedings related to the Federal Government , any of its bodies, funds, autonomous agencies, foundations, or dependent federal state-owned companies.

This Ordinance had been awaited since the publication of Law 14,973/24 in September 2024, which established that the withdrawal of judicial and extrajudicial deposits linked to the Federal Public Administration by its holder (taxpayer) would be subject to monetary correction using an official index reflecting inflation , and that an act of the Minister of Finance would regulate the matter.

Among the provisions of the Ordinance, the following stand out:

• the provisions of Article 8, § 1, item… II , which established that deposits will be adjusted, only once, by a positive adjustment equivalent to the accumulated variation of the National Consumer Price Index (IPCA) , calculated and published by the Brazilian Institute of Geography and Statistics Foundation (IBGE), replacing the SELIC rate.

• the provisions of article 10 , which clarified that the amounts deposited until the entry into force of the Ordinance, which will occur on January 1, 2026, will continue to be updated by the SELIC rate.

These changes may be subject to legal disputes because:

• they create a discrepancy between the method of updating debts to the Federal Government and judicial deposits (SELIC vs. IPCA), and

• by altering the remuneration of judicial deposits, linking it only to inflation, the understanding established by the Superior Courts regarding the taxation of the updating of judicial deposits by IRPJ, CSLL, PIS and COFINS ceases to make sense, since the correction applied to the return of judicial deposits no longer has a remunerative character, becoming merely a replacement of the value over time.

Our Tax team will continue to monitor the issue and is available for any clarifications that may be necessary.