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 2025

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

Experts from law firm Kennedys outline the key tax disputes trends set to define 2026, ranging from increased enforcement to continued tariff drama and AI usage
They also warned against an ‘unnecessary duplication of efforts’ in UN tax convention negotiations; in other news, White & Case has hired Freshfields’ former French tax head
Awards
Submit your nominations to this year's WIBL EMEA Awards by 16 February 2026
Defending loss situations in TP is not about denying the existence of losses but about showing, through proactive measures, that the losses reflect genuine commercial realities
Further empowerment of HMRC enforcement has been praised, but the pre-Budget OBR leak was described as ‘shambolic’
Michel Braun of WTS Digital reviews ITR’s inaugural AI in tax event, and concludes that AI will enhance, not replace, the tax professional
The report is solid and balanced as it correctly underscores the ambitious institutional redesign that Brazil has undertaken in adopting a dual VAT model, experts tell ITR
The Brazilian law firm partner warns against going independent too early, considers the weight of political pressure, and tells ITR what makes tax cool
The lessons from Ireland are clear: selective, targeted, and credible fiscal incentives can unlock supply and investment
The ITR in-house award winner delves into his dramatic novelisation of tax transformation, and declares that 'tax doesn’t need AI right now'
Gift this article