Oil and Gas | Tax O&G | July 2026

09/07/2026 | SINIEF Adjustment No. 19/2026: Changes to the Special Tax Regime for the Pipeline Transportation of Natural Gas and Biomethane

SINIEF Adjustment No. 19/2026 was published on July 9, 2026, revoking SINIEF Adjustment No. 3/2018 and updating the special tax treatment applicable to natural gas transportation through pipelines. The main innovation is the expansion of the regime to also cover biomethane and other gases interchangeable with natural gas that comply with ANP specifications.

Another significant change is the replacement of the former Information System (SI) by the Gas Information System (SIGAS), which expands and details the information to be reported. The Adjustment also provides for the loss of the special tax treatment for taxpayers that repeatedly fail to transmit the required information and do not regularize the situation following notice from the tax authorities.

In addition, new rules were established for the issuance of electronic invoices (NF-e) and electronic transportation invoices (CT-e), covering transactions commonly found in today’s market, including, among others, transfers between establishments under common ownership and changes in title to gas quantities traded through a VTP. These changes will require market participants in the natural gas and biomethane sectors to review their tax procedures and billing systems.

10/07/2026 | GECEX Resolution No. 938/2026 Reinstates the 12% Export Tax Rate on Crude Oil Following the Expiration of Provisional Measure No. 1,340/2026

GECEX Resolution No. 938/2026 was published on July 10, 2026, reinstating the 12% Export Tax (IE) rate applicable to crude petroleum oils and oils obtained from bituminous minerals classified under NCM 2709. The measure entered into force on the date of publication and will remain effective for an initial period of 60 days.

The Resolution was issued immediately after the expiration of Provisional Measure No. 1,340/2026, which had established the same 12% rate together with a package of measures aimed at reducing domestic fuel prices. Because the Provisional Measure was not converted into law by the National Congress within the constitutional deadline, it ceased to be effective on July 9, 2026. The controversy remains, however, regarding the competence of the Chamber of Foreign Trade (CAMEX) to reestablish, via Resolution, the Export Tax for products classified under NCM heading 2709.

Unlike the Provisional Measure, the Resolution is limited to the Export Tax applicable to products classified under NCM heading 2709 and does not reproduce the provisions concerning diesel fuel subsidies or the taxation of diesel exports.

03/07/2026 | STJ Rejects PIS/COFINS Credits Under the Monophase Fuel Tax Regime and Federal Revenue Service Issues Guidance on PER/DCOMP Reviews

On July 3, 2026, the judgment in Repetitive Topic No. 1,339 was published, in which the First Section of the Superior Court of Justice (STJ) held that taxpayers operating in stages of the fuel supply chain subsequent to the producer or importer are not entitled to obtain or maintain PIS/COFINS credits related to the acquisition of fuels subject to the monophase taxation regime.

The dispute arose following the enactment of Complementary Law No. 192/2022, which temporarily reduced certain PIS/ COFINS rates applicable to fuels to zero while also establishing rules regarding the preservation of tax credits. Based on the wording of the statute, several taxpayers argued that economic agents not responsible for the monophase tax collection could maintain or utilize credits associated with the acquisition of the fuels they commercialized.

The STJ rejected this interpretation. According to the Court, the monophase regime concentrates taxation at a single level of the supply chain, generally the producer, refinery, or importer, while subsequent transactions remain subject to a zero rate. Under this structure, there is no cumulative taxation to be offset by taxpayers positioned downstream from the taxed entity, and therefore no legal basis exists for the generation or maintenance of PIS/COFINS credits. The Court further noted that this conclusion is consistent with its prior ruling in Repetitive Topic No. 1,093.

Following the judgment, the Brazilian Federal Revenue Service (RFB) issued a statement affirming that the decision confirms the interpretation already adopted by the tax authorities in audits and in the review of refund and tax offset claims. The RFB also warned that PER/DCOMP filings based on the disputed crediting position may be amended or withdrawn while still pending administrative review.

27/07/2026 | CARF Recognizes the Application of Repetro-Sped to a Flotel Vessel Used in Offshore Support, Maintenance and Safety Activities

On July 27, 2026, a ruling was published in which CARF denied, by majority vote, a mandatory appeal in a case involving tax assessments issued for the collection of Import Duty, PIS/Pasep-Importation, Cofins-Importation, late-payment interest, a 75% ex officio penalty and a 1% penalty on the customs value, based on an alleged breach of the Repetro-Sped special customs regime in connection with the importation of a vessel classified as a Flotel.

The central controversy concerned whether the vessel could qualify for Repetro-Sped, particularly in light of the tax authorities? allegation that its main purpose would be to accommodate offshore workers.

CARF upheld the first-level administrative decision, finding that vessels intended to support oil and natural gas research, exploration, drilling, production and storage activities, as well as support, maintenance and safety activities related thereto, fall within the scope of the regime under the regulations in force at the time of the facts.

According to the prevailing opinion, a flotel could not be treated as a ?hotel at sea?, since its accommodation function would be directly connected to enabling offshore operations. The decision emphasized that such structures operate far from the coast, making the daily transportation of workers by smaller vessels or aircraft impracticable, and also noted that the flotel?s connection to production structures demonstrates its essential role in maintenance, safety and operational support activities.

CARF also cancelled the 1% penalty imposed due to an alleged incomplete or inaccurate description of the vessel in the regime admission declaration. According to the panel, the information provided was sufficient to identify the vessel and the imported goods, and the understanding that the penalty should not apply in the specific case was therefore upheld. As a result, the mandatory appeal was admitted but denied on the merits, and the cancellation of the tax assessment was fully maintained.

28/07/2026 | CARF Allows PIS/COFINS Credits on “Ship-or-Pay” Contract Expenses

In a unanimous decision, the Administrative Council of Tax Appeals (CARF) recognized Petrobras’ right to claim PIS/COFINS credits on expenses incurred under natural gas pipeline transportation agreements structured as ship-or-pay contracts, relating to fiscal year 2017.

The tax authorities argued that only amounts corresponding to the volume of gas actually transported could generate credits, on the grounds that only such portion could qualify as an input (“insumo”). The panel, however, held that the analysis of whether a cost qualifies as an input must be based on the essentiality and relevance criteria established by the Superior Court of Justice (STJ) in Repetitive Topic No. 779, rejecting the restrictive interpretation based on the actual consumption of the service during the production process.

Accordingly, CARF recognized that expenditures incurred to secure natural gas transportation capacity constitute costs that are essential to the taxpayer’s business activities, even where the contracted capacity is not fully utilized.

In the same proceeding, the panel also recognized, by tie-breaking vote, the taxpayer’s right to claim PIS/COFINS credits on expenses related to services, spare parts, and materials used in the maintenance and repair of fixed assets, in line with the understanding set forth in COSIT Ruling No. 59/2021.

06/07/2026 | Rio de Janeiro Adopts Special ICMS Regime for Domestic Aviation Fuel Transactions

The State of Rio de Janeiro enacted a special tax regime applicable to domestic transactions involving aviation kerosene (QAV) supplied to passenger and cargo air transportation companies. The measure was established by Law No. 11,273/2026, published on July 7, 2026.

The new legislation incorporates into state law the authorization provided by ICMS Agreement No. 188/2017, as amended by ICMS Agreement No. 25/2025, allowing for a reduction in the ICMS tax base applicable to domestic QAV transactions. In practice, the benefit results in an effective ICMS burden of 7%, provided that the requirements established by the legislation are satisfied.

The regime may be used by airlines operating at international hub airports located in the State of Rio de Janeiro, as well as at airports located in municipalities within the state other than the capital city, subject to the execution of an Adherence Agreement (“Termo de Adesão”) with the State Department of Finance. The incentive also applies to transactions involving fuel consumed in commercial flights operated by air taxi companies and helicopters engaged in tourism transportation services, while flights supporting oil and gas and offshore activities remain excluded from the regime.

The law will enter into force on the first day of the month following its publication and will remain effective until April 30, 2027.

This content is part of the Oil and Gas Newsletter for June 2026, bringing together the main sector highlights of the period. We emphasize that this material is for informational purposes only. Our team is available to provide additional information on these and other topics.