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.
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.
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.
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.
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.
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.
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:
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.
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:
Phani loves a new challenge. The intricate world of finance and tax functions have provided him with plenty of them over the last 25+ years. He has worked on projects in Europe and the US, and the APAC and LATAM regions, including in the most tax-complex countries like Brazil and Argentina.
Working with ERP systems, external tax engines and process automation technologies, Phani has guided many multinationals across a variety of industries to optimise their operations. His calm, dedicated and friendly manner has lead organisations through best practice, data modeling and defining the right technology for their business.
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