On January 29, 2015, the Federal Official Gazette published Decree No. 8,395/2015, which establishes significant increases on the import and sales operations related to gasoline and diesel.

The mentioned decree increased the PIS / PASEP, COFINS and Contribution for Intervention in the Economic Domain - CIDE tax rates levied on the import and sale of items inherent in the market for gasoline and diesel, and their respective products.

It should be noted that Article 23 of Law 10,685/2004 institutes a facultative special regime, applying coefficients to reduce the tax rates for calculation and payment of PIS / PASEP and COFINS, on certain products. Moreover, Article 5 of Law 10,336/2001 establishes a specific tax rate for CIDE for products described herein.

The main changes of the decree are described below:

PIS/Cofins – Tax Rates of Special Regime (Article 23, Law 10,685/2004):

  • Gasoline and its products, except aviation fuel (per cubic meter):
    • From 02/01/2015 to 05/01/2015: R$ 85.75 (PIS) and R$ 395.86 (Cofins)
    • As from 05/01/2015: R$ 67.94 (PIS) and R$ 313.66 (Cofins)
  • Diesel and its products (per cubic meter):
    • From 02/01/2015 to 05/01/2015: R$ 53.08 (PIS) and R$ 244.92 (Cofins)
    • As from 05/01/2015: R$ 44.17 (PIS) and R$ 203.83 (Cofins)

CIDE – Specific Tax Rates (Article 5, Law 10,336/2001):

  • Gasoline and its products (per cubic meter):
    • As from 05/01/2015: R$ 100.00
  • Diesel and its products (per cubic meter):
    • As from 05/01/2015: R$ 50.00

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.