Brazil: New taxation regime on transactions with fuel

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Brazil: New taxation regime on transactions with fuel

Sponsored by

logo.png
fuel-1596622.jpg

Mauri Bórnia and Juliana Mari Tanaka of Machado Associados discuss the new ICMS taxation regime on fuel sales established by recent Brazilian law.

Currently, transactions related to liquid and gaseous fuels are subjected to the State VAT (ICMS) Tax Substitution System (ICMS-ST). Under this system, the ICMS related to all the transactions carried out in the fuel supply chain, up to the end consumer, is withheld and paid by the oil refinery, and thus no other reseller calculates such tax. ICMS-ST is calculated by applying the ICMS rate on the estimated price of the products at the end of the commercial chain, adopting the weighted average price to the final consumer, disclosed by the tax authorities.

Last year, with the worldwide fuel price increase, the Brazilian Federal Government tried to reduce the tax on fuel transactions. Federal taxes were reduced to zero; and, for ICMS purposes, Supplementary Law 192/2022 recognised fuels as essential products. This meant their taxation could not be higher than general operations (18% to 20%). In view of that, some states temporarily reduced the ICMS to 18% and other states started a discussion over the restrictions made by the Federal Government.

Furthermore, Supplementary Law 192/2022 changed the general ICMS rules. It established the ICMS single phase levy for transactions with liquid and gaseous fuels, such as gasoline, anhydrous ethanol, diesel, biodiesel, and liquefied petroleum gas (LPG), including natural gas, and determined a uniform rate applicable in the domestic territory.

In December 2022, to adjust the ICMS legislation to the Supplementary Law, the Brazilian states signed ICMS Convention 199, to regulate the single-phase ICMS levy over transactions with diesel, biodiesel, liquefied petroleum gas (LPG), and natural gas. Under these regulations, these fuels will be subject to fixed rates of R$0.9456 on transactions for diesel and biodiesel, and R$1.2571 for LPG and natural gas.

Notwithstanding the establishment of fixed rates, in interstate transactions the ICMS Convention determines that such tax be divided between the state of origin and the state of destination. These are in fixed percentages varying between 22.22% and 66.67% to the state of origin and between 33.33% and 77.78% to the state of destination, according to the product, its origin and destination.

Finally, on March 28, ICMS Convention No. 11 was published, regulating the single-phase levy of the tax on transactions with gasoline and anhydrous ethanol. The Convention established fixed rates of R$1.4527 per litre of gasoline and anhydrous ethanol.

Regarding gasoline and anhydrous ethanol, ICMS Convention No. 11 also provides for the division of ICMS between the states of origin and destination, according to the product marketed, origin and destination.

Despite the Federal Government’s efforts to reduce the taxes over fuel transactions, the agreements reached by the states determining fixed rates ended up increasing the tax burden to the same level as the current ICMS-ST regime.

The states will regulate the new ICMS payment regime in each state. It should be noted that this new regime applicable to diesel, biodiesel, LPG and natural gas will come into effect from May 1 2023, and to gasoline and anhydrous ethanol from July 1 2023.

more across site & shared bottom lb ros

More from across our site

Governments are rewriting tax policy for the AI era, deploying digital taxes, tailored incentives and algorithmic enforcement that redefine where value is created
Wingrove will succeed Bill Thomas, who has served in the role since 2017; in other news, Andersen unveiled a sharp increase in revenues for 2025
Partners are divided on Italy vs PDM D’s analytical depth, evidentiary standards, and what the judgment signals for future intra-group financing cases
As GCCs increasingly become strategic hubs, multinationals face heightened risks around permanent establishment and place of effective management
While all options presented ‘drawbacks’, European Commission tax leader Wopke Hoekstra said the controversial US carve-out deal has ‘many benefits’
From tech preparations to competitiveness concerns, Tax Systems’ Russell Gammon addresses the most pressing client considerations arising from the SbS deal
Despite estimates that the US/OECD agreement will cost countries billions, the Fair Tax Foundation’s Paul Monaghan believes the deal is a ‘necessary evil’
The firm’s eye-catching UK launch is a major statement of intent, but it will face stern opposition in its quest to be the top global tax player
The postponement came after industry representatives flagged implementation issues with the registration regime; in other news, firms made key tax partner additions
Despite the increased yield, the time taken to resolve enquiries was at a six-year high, new HMRC statistics have revealed
Gift this article