REPLAT (IN 513) is a Special Customs Industrial Warehouse Regime established to make the shipbuilding and oil industries more dynamic by granting tax incentives, such as the suspension and exemption of federal and state taxes charged on inputs used for manufacturing or converting naval assets (platforms and drill-ships, for example) to explore oil and gas fields.
Under the regime, the companies commissioned to build or convert vessels and platforms, as well as the goods listed by Regulatory Instruction IN 1410 issued in 2013, can import or acquire, raw materials, parts and pieces to produce the final goods (Ships, Oil Platforms and support vessels) to be exported, and federal taxes are suspended, in the following situations:
- On the asset (Ship or platform) itself that is being manufactured or converted;
- On a shipyard;
- On industrial facilities used for manufacturing the goods required for exploring the oil and gas fields;
- On port facilities described by the Regulatory Instruction that regulates REPLAT;
The regime allows the qualified company to enjoy the following benefits:
- Suspension or reduction of the taxes charged on imports or purchases made in the local markets of parts, pieces and components (II, IPI, PIS, COFINS and ICMS¹);
- Tax exemption on exports;
- Receipt of merchandise under the regime, with or without foreign exchange hedging;
- Customs Warehouse Regime for Imports applied on the exported assets that does not physically leaves Brazil and is delivered, by order of the foreign purchaser, to the legal entity commissioned to build or convert the ship/platform or the platform modules qualified to operate the regime.
The Federal Revenue Service sets the following requirements for a company to qualify to operate under the REPLAT:
- The applying company must be commissioned by a oil company, located abroad, to build or convert a platform for exploring and drilling for oil and gas, or sea modules or structures in Brazil;
- Special permanence authorization issued by the Navy;
- Exploration Concession Agreement issued by regulatory agencies (ANP - Brazilian Oil Agency);
- Meet the requirements set for providing federal tax debt clearance certificates;
- Have an Automated Control System for receiving, keeping and shipping raw materials, parts and components, as well as recognizing and calculating tax liabilities which are due, terminated or whose payment has been suspended. The Control System must be integrated with the company's corporate systems in Brazil, and with free and permanent access of the Federal Revenue Service.
Commitments made by the beneficiary to remain under the regime:
- Use the goods within the deadline and solely for the purposes and in the conditions established for granting the regime;
- Assume tax liabilities to the Federal Revenue Service.
- Identify the goods used, produced and exported under REPLAT.
- Conduct an audit to evaluate what has been achieved under the regime.
¹ Suspension of the ICMS differing at each state.