Energy | Indirect Taxation – July 2026

See also: ANEEL regulates the application of article 16-B of Law No. 9,074/1995 and defines the new rules for self-production by equivalence

Tax Reform in Focus

In June, the Federal Court of Accounts (TCU) published a resolution addressing the approval of the methodologies and calculation of the CBS and IBS reference rates in the context of implementation of the tax reform.

In the same period, the Federal Revenue Service extended to January 2027 the CNPJ registration requirement for individuals qualifying as IBS and CBS taxpayers, initially scheduled to apply as from July 2026.

Also in June, Technical Note No. 009 – NFS-e was published, updating the layout of the Electronic Services Invoice (NFS-e) to reflect tax reform requirements, including the alphanumeric CNPJ, issuance of adjustment notes, and rules for real estate transactions.
For more information on Tax Reform and other relevant news on consumption taxation, access our Consumption Taxation team’s newsletter here.

Federal Revenue Service clarifies PIS and Cofins taxation of energy trading revenues on CCEE

On June 24, 2026, the Federal Revenue Service published a Cosit Private Ruling addressing the application of the special PIS and Cofins tax regime to legal entities that are members of the Electric Energy Trading Chamber (CCEE).

According to the Federal Revenue Service, the special regime provided for in article 47 of Law No. 10,637/2002 applies only to revenues earned within the Short-Term Market (MCP) of CCEE. In that case, the revenues may be subject to the cumulative regime, with rates of 0.65% for PIS and 3% for Cofins.

By contrast, revenues arising from electricity sales governed by Energy Commercialization Agreements in the Free Market (CCEAL) are not subject to the special regime because they are not carried out within the MCP. These revenues are subject to the general PIS and Cofins rules and, as a rule, to the non-cumulative regime, with rates of 1.65% and 7.6%, respectively.

The Private Ruling also clarifies that the mere registration of contracts with CCEE is not sufficient to trigger the special regime. For the Federal Revenue Service, the MCP is the environment in which differences between the amounts of energy contracted and those actually generated or consumed are accounted for and settled, and it is not to be confused with revenues from bilateral contracts executed in the Free Contracting Environment.

The Federal Revenue Service also stated that this understanding does not represent a change in legal criterion, since the limitation of the special regime to MCP transactions would already follow from legislation and prior regulatory acts. Companies in the electricity sector should therefore review the segregation of revenues earned in the MCP and in the free contracting environment for purposes of PIS and Cofins calculation.

STJ recognizes validity of ICMS-Difal collection based on the Kandir Law

The 1st Section of the Superior Court of Justice (STJ) decided that the ICMS rate differential (ICMS-Difal) in interstate transactions destined for final consumers that are ICMS taxpayers could already be required based on Complementary Law No. 87/1996 (Kandir Law), before the entry into force of Complementary Law No. 190/2022 (LC 190), which regulates the collection of ICMS-Difal in interstate transactions and services destined for final consumers that are not taxpayers of the tax.

The unanimous view prevailed that the Kandir Law already contained sufficient normative density to support collection in this situation. For the panel, LC 190 did not create an indispensable condition for requiring ICMS-Difal in transactions with final consumers that are taxpayers, but rather introduced adjustments and regulatory improvements, especially with respect to transactions destined for non-taxpayers.

This material is provided for informational purposes only. Our Energy team closely monitors industry trends and developments and is available to provide additional information on these and other topics.