Study goals
To analyze the legal and tax feasibility of claiming PIS and COFINS credits on assets subject to depletion in the oil and gas sector, in light of legislation, case law, and the PRIO S.A. case study
Relevance / originality
The article contributes to the debate on PIS/COFINS credits for assets subject to depletion, a scarcely explored topic, by applying legal and tax audit criteria to a real case study, strengthening legal certainty and compliance practices in the oil sector.
Methodology / approach
Qualitative, exploratory, and descriptive research based on legislative, case law, and doctrinal analysis, complemented by a case study of PRIO S.A., applying tax audit procedures to assess the feasibility of PIS/COFINS credits on assets subject to depletion.
Main results
At PRIO S.A., assets subject to depletion meet essentiality and relevance criteria, enabling, with robust documentation and proper compliance, legal support for PIS/COFINS credits, despite no explicit legal provision and potential risks from restrictive tax authority interpretations.
Theoretical / methodological contributions
The study broadens the understanding of the input concept in the non-cumulative regime, integrating legal-tax analysis and tax auditing, and proposes a methodological approach applicable to capital-intensive sectors, combining theory, practice, and a real case study in the oil sector.
Social / management contributions
The article guides oil and gas companies in adopting safe tax compliance practices, strengthening legal certainty, preventing tax assessments, and promoting efficiency in managing investments in assets subject to depletion.