{"id":18493,"date":"2026-03-13T14:35:32","date_gmt":"2026-03-13T17:35:32","guid":{"rendered":"https:\/\/cmalaw.com\/?post_type=contents&#038;p=18493"},"modified":"2026-03-16T12:25:07","modified_gmt":"2026-03-16T15:25:07","slug":"new-tax-and-economic-measures-related-to-the-fuel-sector-in-brazil","status":"publish","type":"contents","link":"https:\/\/cmalaw.com\/homolog\/contents\/new-tax-and-economic-measures-related-to-the-fuel-sector-in-brazil\/","title":{"rendered":"New tax and economic measures related to the fuel sector in Brazil"},"content":{"rendered":"<p>On March 12, 2026, the Brazilian Federal Government announced a set of tax and economic measures targeting the fuel sector through Provisional Measure No. 1,340\/2026 and Decree No. 12,875\/2026.<\/p>\n<p>The initiatives were introduced in response to the recent increase in international oil prices and are intended to mitigate potential impacts on the domestic market, particularly with respect to diesel pricing.<\/p>\n<p>Below we summarize the main measures adopted and their scope.<\/p>\n<p><span style=\"color: #0000ff;\"><strong>Export Tax on crude oil<\/strong><\/span><\/p>\n<p>Provisional Measure No. 1,340\/2026 introduced a 12% Export Tax (IE) on exports of crude petroleum oils or oils obtained from bituminous minerals, classified under NCM code 2709 (Brazil&#8217;s tariff nomenclature aligned with Mercosur standards).<\/p>\n<p>Key points:<\/p>\n<p>\u2022 The tax applies to crude oil exports by domestic producers and exporters.<\/p>\n<p>\u2022 The measure has a regulatory nature and may affect the competitiveness of Brazilian crude oil exports.<\/p>\n<p>\u2022 The Provisional Measure provides that the rate may be reduced by the Executive Management Committee of the Foreign Trade Chamber (Gecex\/Camex<strong>)<\/strong>, in line with foreign trade or national energy policy guidelines.<\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"color: #0000ff;\"><strong>Export Tax on diesel<\/strong><\/span><\/p>\n<p>The same Provisional Measure also introduced a 50% Export Tax on exports of diesel, classified under NCM code 2710.19.21.<\/p>\n<p>Key points:<\/p>\n<p>\u2022 The tax applies to export transactions involving diesel.<\/p>\n<p>\u2022 The measure is temporary and will remain in effect while the economic subsidy established by the same Provisional Measure is in force, subject to a maximum deadline of December 31, 2026.<\/p>\n<p>\u2022 The mechanism seeks to discourage diesel exports and prioritize the supply of the domestic market during the effectiveness of the other measures.<\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"color: #0000ff;\"><strong>Reduction of PIS and COFINS tax burden on diesel<\/strong><\/span><\/p>\n<p>Decree No. 12,875\/2026 amended Decree No. 5,059\/2004 to reduce the effective PIS and COFINS tax burden applicable to the import and commercialization of diesel and related products.<\/p>\n<p>The decree introduced a reduction coefficient of 0.99987, applicable to the contributions until May 31, 2026.<\/p>\n<p>Key points:<\/p>\n<p>\u2022 The amendment significantly lowers the federal tax burden applicable to diesel.<\/p>\n<p>\u2022 The reduction is achieved through a reduction coefficient mechanism, without changing the nominal statutory rates of the contributions.<\/p>\n<p>\u2022 This measure applies to both import and commercialization transactions, affecting producers, importers and distributors operating within the diesel supply chain.<\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"color: #0000ff;\"><strong>Economic subsidy for diesel commercialization<\/strong><\/span><\/p>\n<p>Provisional Measure No. 1,340\/2026 also created an economic subsidy for diesel producers and importers, linked to the commercialization of the fuel in the domestic market.<\/p>\n<p>The subsidy corresponds to BRL 0.32 per liter sold, subject to a overral cap of BRL 10 billion.<\/p>\n<p>Key points:<\/p>\n<p>\u2022\u00a0 The subsidy may be accessed upon prior voluntary enrollment by interested economic agents.<\/p>\n<p>\u2022\u00a0 Payment of the subsidy is conditioned on compliance with a reference price to be defined by the National Agency of Petroleum, Natural Gas and Biofuels (ANP).<\/p>\n<p>\u2022\u00a0 The benefit must be fully passed through to domestic market prices.<\/p>\n<p>\u2022\u00a0 The program will remain in force until December 31, 2026, or until the overall financial limit is reached, whichever occurs first.<\/p>\n<p>\u2022\u00a0 The regulation establishes monitoring and enforcement mechanisms, including information sharing between the Brazilian Federal Revenue Service (RFB) and the ANP, as well as administrative sanctions in case of non-compliance with the program\u2019s conditions.<\/p>\n<p>If you have any questions, our <a href=\"https:\/\/cmalaw.com\/en\/our-areas\/legal-practice-areas\/tax\/\">Tax<\/a> and <a href=\"https:\/\/cmalaw.com\/en\/our-areas\/sector\/energy-and-natural-resources\/\">Energy &amp; Natural Resources<\/a> teams are available to assist.<\/p>\n","protected":false},"featured_media":18496,"template":"","categories":[],"tags":[],"class_list":["post-18493","contents","type-contents","status-publish","has-post-thumbnail","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/cmalaw.com\/homolog\/wp-json\/wp\/v2\/contents\/18493","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cmalaw.com\/homolog\/wp-json\/wp\/v2\/contents"}],"about":[{"href":"https:\/\/cmalaw.com\/homolog\/wp-json\/wp\/v2\/types\/contents"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cmalaw.com\/homolog\/wp-json\/wp\/v2\/media\/18496"}],"wp:attachment":[{"href":"https:\/\/cmalaw.com\/homolog\/wp-json\/wp\/v2\/media?parent=18493"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cmalaw.com\/homolog\/wp-json\/wp\/v2\/categories?post=18493"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cmalaw.com\/homolog\/wp-json\/wp\/v2\/tags?post=18493"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}