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Tax reform in the Federal Senate suggests new taxation on oil and minerals

Written by Paulo Nogueira
Published 26/10/2023 às 10:17
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A new taxation proposal takes shape, promising to impact oil and mineral extraction, while aiming to optimize tax collection.

In Brasília, an audacious proposal for tax reform presented by Eduardo Braga (MDB/AM) on October 25th ended up standing out. The document proposes the collection of selective tax on ore production, oil and natural gas, Soon after, the ANP director predicts an increase in production of these commodities by 2025.

Establishing a maximum rate of 1% aimed at extraction activities from non-renewable sources, the proposal also offers exemptions for other sectors, such as electricity and communications.

Additionally, the new structure of tax includes benefits for low-income consumers, allowing discounts on electricity bill taxes. This measure aligns with current practices related to ICMS, a progressive tax.

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Energy distributors fear greater default if electricity is not considered an essential item in the tax reform. In the image: Eduardo Braga, rapporteur of the tax reform, during the CCJ hearing in the Senate, on 19/9/23 (Photo: Roque de Sá/Agência Senado)
Eduardo Braga (MDB/AM), rapporteur of the tax reform, during the CCJ hearing in the Senate, on September 19 (Photo: Roque de Sá/Agência Senado)

Objectives of the Reform

The reform mainly seeks to limit activities that could be harmful to the environment. The imposition of the tax on extraction activities aims to inhibit the rampant use of non-renewable resources, regardless of whether they are destined for the domestic or foreign market.

In broader terms, the reform aims to simplify the tax system, unifying several federal imposts and state taxes on two new value added taxes (VAT). This new selective tax will serve to replace the IPI, playing a role in regulating the market and helping to increase revenue for states and municipalities.

Challenges and criticisms of the proposal

Within the Constitution and Justice Commission (CCJ), there are discussions about the implementation of a tax of up to 1% on commodities. The proposed charging method is based on the specific value of the quantity of product extracted, without considering sales revenue. If approved, this charging structure will require detailed regulation by the National Congress.

Another notable point is the growth in the list of proposed exemptions. While sectors such as agribusiness benefit from substantial discounts, critics argue that the tax burden on oil and gas can result in inflationary pressures, impacting fuel prices. Roberto Ardenghy, president of IBP, expressed concerns about the new taxation, mentioning possible adverse effects on the productive sector.

The debate over the constitutional text is also heated. There is uncertainty as to whether the proposal will, in fact, be approved, given the complexity and potential impacts on different sectors of the economy.

In conclusion, the proposal presented by Eduardo Braga brings a series of changes that could reformulate the Brazilian tax system, influencing the production and commercialization of key commodities, such as oil e ore. The future of this reform depends on broad debates and analyzes in the Senate.

information via EPBR.

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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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