The Administrative Council of Tax Appeals (CARF, Brazil’s administrative tax court) issued a relevant decision upholding Petrobras’ right to claim tax credits on expenses arising from ship-or-pay contracts.
The Contractual Model
In infrastructure operations, especially in natural gas transportation, contracts require operational guarantees. In the ship-or-pay model, the transportation company is compensated based on the pipeline capacity made available.
The main feature of this arrangement is that payment is made for the reserved capacity, rather than for the actual volume of gas transported.
The CARF Decision
The dispute brought before the administrative tribunal concerned the right to maintain tax credits generated from these expenses. Upon analyzing the case, the council validated the claiming of credits on amounts paid under this contractual framework.
The decision confirms that costs associated with reserving pipeline transportation capacity form part of the basis for calculating tax credits for the company.
This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.
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