Petrobras Comments On ICMS Regulations

(Petrobras, 1.Oct.2020) — Petrobras’ Board of Directors approved the adhesion to the ICMS debt and interest penalty reduction programs (Amnesties), according to the CONFAZ regulations ICMS 146/2019 and 51/2020, instituted by the states Espírito Santo and Rio de Janeiro, respectively.

The total amount of contingencies to be closed in the states of Espírito Santo and Rio de Janeiro, as a result of joining the Amnesties, is R$ 4.3bn, upon disbursement by the company of R$ 2bn – updated until 09/30/2020 – and with savings of 57% of the total amount of litigation. Approximately 70% of this amount will be disbursed in October 2020 and the remainder in monthly installments due until December this year.

The agreement involves the disbursement of Petrobras to the state of Rio de Janeiro of R$ 1.8bn to close contingencies related to the collection of ICMS and fines in the internal consumption operations of diesel oil used by the maritime units chartered by the company, and the adherence to the program will be materialized through an agreement (TAC). In addition, a reduction of the ICMS calculation base to 4.5% was approved in the internal supplies of marine diesel oil, thus reaching a definitive solution to the root cause of these contingencies.

In Espírito Santo, upon payment of  R$ 208mn, tax debts resulting from divergences on the appropriation of ICMS credits over fixed assets and of ICMS differences on operations with oil and oil products will be closed.

The tax contingencies selected for adherence are incorporated in the 2019 financial statements, through note 19 (Provisionas for legal proceedings – item 19.3 – Contigent liabilities).

The decision to adhere to the amnesties is part of the continuous process of evaluation of tax liabilities and mitigation of associated risks and, in the case of Rio de Janeiro, is conditioned to the publication of a state law that fully incorporates the rules set forth in the ICMS regulation 51/2020.