Brazil: Conversion into law of amendments to the oil and gas tax framework

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: Conversion into law of amendments to the oil and gas tax framework

Sponsored by

sponsored-firms-pwc.png
intl-updates-small.jpg

On December 29 2017, Law 13,586/2017 (dated December 28 2017) was published providing for the conversion of Provisionary Measure 795/2017 (PM 795/2017) into law.

On December 29 2017, Law 13,586/2017 (dated December 28 2017) was published providing for the conversion of Provisionary Measure 795/2017 (PM 795/2017) into law. The amendments include important developments regarding the taxation of oil and gas arrangements.

By means of background regarding the changes included in Provisionary Measure 795/2017, please refer to our tax insight dated October 16 2017: https://pwc.to/2ELVCCb

During the process of conversion into Law 13,586/2017, the final version of the text included certain modifications to the previous PM 795/2017, including the following:

  • The removal of the previous December 31 2022 limitation in relation to accelerated depreciation deductions for expenses incurred in exploration and production of oil and gas deposits – the converted law provides no limitation.

  • The inclusion of a requirement that the special import regime (providing for the suspension of payment of federal taxes on assets imported on a definitive basis and destined for certain activities) should not apply to the importation of vessels destined for coastal shipping and domestic navigation, as well as port and maritime navigation support.

  • The removal of the Brazilian tax authorities' (RFB) power to provide a 12-month extension to the three-year period the taxpayer has to use the imported assets (imported on a definitive basis) for the designated and approved purpose, in order not to lose the import tax suspension.

  • The inclusion of a requirement that taxpayers taking advantage of the special federal tax suspension regime on acquisitions in the domestic market must use the assets acquired for the designated and approved purposes within three years, in order not to lose the suspension. The law provides the RFB with the power to provide a 12-month extension to this period.

  • The special import regimes providing for a suspension of federal taxes on importations both on a temporary and definitive basis were extended from July 31 2022 under PM 795/2017 to December 31 2040 under the converted law.

On January 2 2018, the RFB also published Normative Instructions (NI) 1,778/201, NI 1,780/2017 and NI 1,781/2017 (all dated December 29 2017) to regulate the relevant legislative amendments and Decree 9,128/2017.

More specifically, NI 1,778 provides further detail in relation to the tax treatment of activities of exploration, development and production of oil and natural gas from an operational perspective. It includes how to record these expenses and how to perform the calculation for the purposes of determining whether the limits related to tripartite contracts have been respected. On the other hand, NI 1,780 regulates the process for the settlement of previous tax disputes relating to periods before December 31 2014.

Finally, NI 1,781/2017 provides further regulation and detail in relation to the procedures regarding the special import regimes (Repetro-Sped). The instruction revokes NI 1,743/2017 and amends NI 1,415/2013 and NI 1,600/2015 – the existing regulations related to this topic. From a transitional perspective, NI 1,781 confirms the following:

  • Requests concerning Repetro benefits submitted up to December 31 2017 should be analysed and judged on the rules in place at the time of the relevant request (Repetro). Requests after December 31 2017 apply the legislation that specifically deals with Repetro-Sped.

  • Assets admitted up to December 31 2017, or that fall within the scope of an application submitted by this date, are subject to the previous Repetro rules until December 31 2020. These assets may migrate to the rules under Repetro-Sped following a simplified procedure up until December 31 2018.

PwC observation: The developments are broad-reaching. Therefore taxpayers with operations or who are considering operations in the industry should analyse how the changes could impact their business.

andrade.jpg
Conomy

Jaime Andrade

Mark Conomy

Jaime Andrade (jaime.andrade@pwc.com) and Mark Conomy (conomy.mark@pwc.com)

PwC

Website: www.pwc.com.br

more across site & shared bottom lb ros

More from across our site

Increasingly, clients are looking for different advisers to the established players, Ryan’s president for European and Asia Pacific operations tells ITR
Using tax to enhance its standing as a funds location is behind Luxembourg’s measures aimed at clarifying ATAD 2 and making its carried interest regime more attractive
Encompassing everything from international scandals to seismic political events, it’s a privilege to cover the intriguing world of tax
In his newly created role, current SSA commissioner Bisignano will oversee all day-to-day IRS operations; in other news, Ryan has made its second acquisition in two weeks
In the age of borderless commerce, money flows faster than regulation. While digital platforms cross oceans in milliseconds, tax authorities often lag. Indonesia has decided it can wait no longer
The tariffs are disrupting global supply chains and creating a lot of uncertainty, tax expert Miguel Medeiros told ITR’s European Transfer Pricing Forum
Corporate counsel should combine deep technical knowledge with strategic dynamism, says Agarwal, winner of ITR’s EMEA In-house Indirect Tax Leader of the Year award
Luxembourg’s reform agenda continues at pace in 2025, with targeted measures for start-ups and alternative investment funds
Veteran Elizabeth Arrendale will lead the new advisory practice, which will support clients with M&A tax structuring, post-deal integration, and more
MAP cases keep increasing, and cases closed aren’t keeping pace with the number started, the OECD’s Sriram Govind also told an ITR summit
Gift this article