Brazil's Federal Revenue Service signed a binding agreement with Petrobras on 21 July 2026 clarifying that a single operator can act as both consortium operator and service provider under Repetro-Sped, provided tax and customs controls are observed—an interpretation that arrived before any audit commenced.
The Brazilian Federal Revenue Service (RFB) has published the Executive Declaratory Act Sutri No. 4/2026, dated 21 July 2026, formally binding both the tax authority and Petrobras to Consensual Agreement No. 3/2026 on 24 July 2026.
The agreement confirms that, under the Repetro-Sped regime, the same legal entity may simultaneously act as both a consortium operator and a service provider, provided it complies with the applicable accounting, tax, and customs control requirements.
What the agreement covers
The core issue: whether a single entity can simultaneously operate as both a consortium operator and service provider under Repetro-Sped. The agreement says yes, provided that accounting, tax, and customs controls applicable to the regime are properly maintained.
This outcome emerged from Brazil’s Consensus Revenue program, established under RFB Ordinance No. 467 of 2024. The program exists to resolve tax and customs disputes before they escalate into formal audits. Participation is currently open to taxpayers enrolled in Federal Revenue Service compliance initiatives: companies certified through the Confia Program, operators designated as Authorised Economic Operators (AEOs), and businesses ranked A+ in the Sintonia program.
How the procedure works
Taxpayers can initiate the consensual route to examine how specific business operations interact with Brazilian tax and customs law—even before the revenue service begins an audit. If both sides reach agreement, the Federal Revenue Service issues an Executive Declaratory Act that binds the agency and the taxpayer within the scope of what was analysed. The entire process runs for up to 90 days, with one extension of equal length permitted.
Any tax payment that flows from a Consensual Agreement avoids accrual of late-payment penalties, as long as statutory requirements are met. All submissions remain confidential under applicable law. Importantly, the Consensus Revenue program does not grant tax benefits, renegotiate taxes, or relax existing legislation—it simply creates space to agree on how the law applies to a particular situation.
