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Imposto Seletivo & Brazil Export Taxes - Impact on upstream oil & gas

Brazil's tax authorities introduced a fundamental change to the taxation of goods and services via Constitutional Amendment no. 132/2023 in December 2023. The complementary law no. 214/2025 defined a VAT system (CBS and IBS Taxes) which impacts pretty much every industry within Brazil. The same complementary law also introduced a specific Imposto Seletivo (Selective tax) which is aimed at taxing the business activities for goods considered harmful to health, the environment and the extraction of natural resources.

As a result of an ongoing geopolitical situation, the federal government issued Anúncio de Procedimento no.1340/2026 on 12th March 2026 to manage domestic fuel supply efficiently, and to stabilise fuel prices. As part of this provisional measure, the federal government imposed a 12% export tax on crude oil and a temporary 50% tax on diesel exports.

Imposto Seletivo & export taxes – impact on SAP systems

The Selective tax was introduced to regulate or discourage the consumption of the goods and services that harm health and the environment. It is essentially designed to regulate the social and economic behaviour of the consumer. It has specific characteristics when compared with the dual VAT system (CBS/IBS):

Applied once in the entire supply chain

The Selective tax is applied only once in the supply chain and does not generate tax credits to offset costs or liabilities at future stages.

Additional tax / surcharge

This tax is applied on top of the new consumption taxes (CBS/IBS), making it an additional tax levy.

Special arrangements for tax-free zones

For the Zona Franca regions such as the Manaus Free Trade Zone, the current IPI tax will be replaced with the Selective tax. This is to ensure that products from the tax-free zone remain competitive compared to those from other regions.

Tax treatment

SAP systems must determine whether to apply the 12% export tax under MP 1340/2026 or the Selective tax rates, which are estimated at between 0.25% and 2.5% under complementary law 214/2025.

For ERP systems like SAP, these regulatory / legal requirements pose several challenges:

New tax determination logic

The SAP tax setup needs to be amended to accommodate the Selective tax as an additional levy at the federal level, separate from CBS/IBS taxes. Systems should also consider the life cycle of upstream activity to determine the relevant taxes. The Selective tax is only applied to appraisal, development and production wells. During pre-exploration, exploration and abandonment phases, these rules do not apply.

Master data

The mapping of the NCM (Nomenclatura Comum do Mercosul) codes to crude oil, gas and derivative material master data should be accurate. Any misalignment will result in non-compliant tax treatment. NCM codes beginning with 2709 are subject to the new Selective tax.

Sales pricing and contracts

Update the SAP pricing procedure to reflect the 12% levy on export sales orders. For the Selective tax, since it is a single-stage tax applied at the point of either first extraction or first sale, it must be integrated into the net price calculations for intercompany or domestic transfers.

Other impacted processes to consider with MP 1340/2026

SISCOMEX integration

MP 1340/2026 introduces changes to the export process, requiring companies to calculate a 12% tax on the value of goods at the point of shipment and report this in Brazil’s SISCOMEX portal with the relevant nota fiscal information. SAP systems should incorporate an appropriate add-on solution like SAP GTS or Thomson Reuters OneSource Global Trade to support timely export declarations.

Foreign currency exchange rates

MP 1340/2026 also requires companies to apply the previous day’s official Brazilian exchange rate when calculating the 12% export tax liability.

SAP Treasury

The payment slip (DARF) for the export tax payments must be integrated with the SAP Treasury module to ensure tax payments are made on time.

Key dates for implementing and transitioning to the new tax reforms:

2026 - 2027

Initial transition

2028 - 2030

Regulatory definition and scaling

2031 - 2033

Full reform maturity

Recommended tax team and IT team readiness checklist:

To manage risk and maintain operational continuity, oil & gas companies should adopt the following steps:

Tax impact assessment

Map where Selective tax and export taxes apply across upstream oil & gas exploration, development and production stages, followed by domestic transfers and exports of crude oil and other derivative products.

SAP configuration and governance:

  • Update tax procedures to include Selective tax and export tax logic
  • Implement DU E (Declaração Única de Exportação) integration controls for IE (Imposto de Exportação) calculation and DARF payment evidence
  • Use SAP Regulatory Change Manager and Document & Reporting Compliance (DRC) to track legislative changes

Master data and classification controls

Strengthen NCM classification governance and audit trails for crude, gas, and derivatives.

Contract and pricing alignment

Review INCOTERMS, pricing formulas, and tax gross-up clauses; reflect changes in SAP pricing conditions.

Monitoring and training

Establish a cross-functional tax, IT, and export compliance steering group; train operational teams ahead of each regulatory milestone.

Related solution

Finance transformation

Accounts, compliance, reporting, tax.

Helixr's strengths

Our team has successfully delivered numerous complex compliance and regulatory transformation projects, implementing advanced technologies to meet demanding fiscal and legal requirements. We are well positioned to support businesses throughout their journey, offering a highly experienced team who:

  • Have deep knowledge of tax regulations applicable to upstream oil & gas operations
  • Are specialists who understand the end-to-end life cycle of upstream processes from pre-exploration through to appraisal, development, production and abandonment phases
  • Are experienced at handling the various tax implications around joint venture accounting and production sharing accounting processes
  • Are thoroughly versed with all business operations, ensuring alignment with federal, state, and social security tax legislation
  • Are experienced in electronic Nota Fiscal requirements, with a strong track record of implementing the associated tax rules across multiple projectsAre capable of defining complete, integrated processes, from master data standardisation through transactional execution and ultimately to SPED reporting and submissions

Phani Sabnivisu

Founder & Executive Director

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