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Carf body validates government appeal and confirms Petrobras' debt of R$762 million (PETR4)

Written by Paulo Nogueira
Published 27/10/2023 às 21:32
Updated 01/11/2023 às 04:48
Carf body validates government appeal and confirms Petrobras' debt of R$762 million (PETR4)
RIO DE JANEIRO, BRAZIL – MAY 12: A person walks by The Petroleo Brasileiro SA (Petrobras) headquarters on May 12, 2023 in Rio de Janeiro, Brazil. Brazilian President Lula Da Silva said on Thursday that his administration is working to reduce the price of gas in Petrobras and that the government will maintain its stake at the company. (Photo by Buda Mendes/Getty Images)

The case in question deals with the questionable deductibility of regular contributions made to a private pension plan for the purposes of Corporate Income Tax (IRPJ) and Social Contribution on Net Income (CSLL).

A Petrobras announced today that the Administrative Council of Tax Appeals (Carf) upheld an appeal from the National Treasury, confirming a tax debt of R$762 million from the state-owned company. The case was judged by the second panel of the Superior Chamber of Tax Appeals (CSRF) and involves the deductibility of regular contributions to a private pension plan for the purposes of Corporate Income Tax (IRPJ) and Social Contribution on Net Profit (CSLL) .

In a statement, Petrobras said it will evaluate the adoption of appropriate measures to defend its interests, including the possibility of taking legal action. Carf's decision is final, unless an appeal for clarification is filed.

The state-owned company highlighted that the expected loss of this contingency is considered possible and is already mentioned in the financial statements. Furthermore, Carf's decision does not imply the need for provisioning.

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This news brings another chapter in the Petrobras saga, which has faced several challenges since the corruption scandal revealed by Operation Lava Jato in 2014. The company has already had to deal with a significant drop in the price of oil, a financial crisis and a series of investigations and legal proceedings.

Carf's decision is yet another setback for the state-owned company, which has already accumulated billion-dollar losses in recent years. The amount of R$762 million represents a significant amount and will certainly have an impact on Petrobras' finances.

The possibility of losing this tax debt had already been considered by the company and was mentioned in its financial statements. However, confirmation by Carf makes this contingency even more real and could affect the state-owned company's financial situation.

It is important to highlight that Petrobras has a private pension plan for its employees, which is a common practice in large companies. The issue under discussion in the case judged by Carf is the deductibility of these contributions for tax purposes.

Carf's decision also highlights the importance of the judicial system in resolving tax conflicts. Carf is the body responsible for judging administrative appeals related to tax issues, and its decisions have a great impact on companies.

Given this outcome in Carf, Petrobras will have to look for alternatives to deal with this tax debt. The possibility of taking legal action is an option, but it also involves uncertainty and additional costs.

However, the state-owned company is not alone in this situation. Many companies face challenges related to tax issues and need to find solutions to deal with their debts. Petrobras will have to carefully evaluate the available options and seek the best strategy to protect its interests.

In short, Carf's decision to confirm a tax debt of R$762 million from Petrobras brings yet another challenge for the state-owned company, which is already facing a series of difficulties. The company will have to evaluate the appropriate measures to defend its interests, including the possibility of taking legal action. This decision reinforces the importance of the judicial system in resolving tax conflicts and highlights the need for companies to find solutions to deal with their debts.

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Paulo Nogueira

With a technical background, I worked in the offshore oil and gas market for a few years. Today, my team and I are dedicated to bringing information from the Brazilian energy sector and the world, always with credible and up-to-date sources.

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