After two years of anticipation, the regulatory framework for low-carbon hydrogen in Brazil has taken concrete form. Decree No. 13,096, published on August 12, 2026, regulates Law No. 14,948/2024 and transforms Rehidro (Special Incentive Regime for the Production of Low-Carbon Hydrogen) into an operational instrument, with clear rules on who can benefit, which taxes are suspended, and what needs to be proven to transform this suspension into a definitive exemption.
For companies considering investing in hydrogen electrolysis, storage, transportation, or distribution in the country, understanding this fiscal engineering is no longer a theoretical exercise. It has become part of the financial planning of any large-scale project.
What Rehidro suspends, in practice
The regime suspends the requirement for two central federal contributions to the cost of capital for any industrial plant: PIS/Pasep and Cofins, including their versions levied on imports. The suspension covers:
- Purchase or rental of new machinery, apparatus, instruments and equipment;
- Construction materials intended for the project's fixed assets;
- Certain services directly linked to the investment.
The benefit is not limited to the plant that produces the hydrogen. Companies responsible for conditioning, storage, transport, and distribution can also qualify, as well as renewable energy generators and producers of biofuels, such as ethanol, biogas, and biomethane, when these inputs feed into the low-carbon hydrogen chain. This scope is strategic because it recognizes that the viability of green hydrogen depends on an entire chain, not just the electrolyzer.
However, there is a relevant time limit. The suspension applies to acquisitions, leases, and imports carried out between the date the company is registered in the regime and December 31, 2026. This short timeframe is already the subject of debate among tax experts, who point to the need for harmonization with the ongoing tax reform.
From suspension to zero tax rate: what needs to be proven
The suspension of PIS/Cofins is not, in itself, a definitive exemption. It functions as a conditional deferral: the company does not pay the tax at the time of acquisition, but assumes the obligation to subsequently prove compliance with specific requirements. Only then does the benefit convert into a zero tax rate.
O decreto estabelece três frentes de comprovação, que devem ser atendidas cumulativamente:
- Effective use of assets. The company needs to demonstrate that the equipment or services acquired with the benefit were in fact incorporated into the approved hydrogen project, and not redirected to another purpose.
- Investment in energy transition. A statement from the National Agency of Petroleum, Natural Gas and Biofuels (ANP) is required, attesting that the company has fulfilled the minimum investment in sustainable development and energy transition projects located in the country.
- Hydrogen Certification. For projects already approved, a declaration from the ANP (National Agency of Petroleum, Natural Gas and Biofuels) is required regarding compliance with the technical requirements of the regime, in addition to a certificate issued by a certifying company of the Brazilian Hydrogen Certification System (SBCH2), confirming that the gas produced is effectively characterized as having low carbon emissions.
If any of these conditions are not met, the legal entity is obligated to retroactively collect the contributions that had been suspended. This is a mechanism that transforms the benefit into a commitment to performance, not an automatic credit.
Local content and investment in innovation as prerequisites.
In addition to carbon certification, the decree ties access to Rehidro to nationalization and innovation targets:
- 15% minimum local content for plants using the electrolysis route;
- 40% local content for other technological production routes;
- 60% local content for other technological production routes;
- 1% of the total investment must be directed towards Research, Development and Innovation (R&D&I);
- 1% additional investment in sustainable development and energy transition projects.
These percentages place Brazil within the same framework adopted by other countries that combine tax incentives with industrial policy. The tax benefit is conditional on strengthening the national production chain, not just on installing new capacity.
Governance: who approves and who oversees
Access to the program follows a two-step qualification process. First, the company obtains preliminary qualification from the Ministry of Mines and Energy, after a technical analysis by the ANP (National Agency of Petroleum, Natural Gas and Biofuels). Then, definitive qualification is required from the Federal Revenue Service, which then monitors compliance with the tax obligations associated with the benefit.
ANP is also responsible for structuring SBCH2 and continuously monitoring approved projects, a role that places it at the center of both the technical regulation and fiscal governance of the sector.
What does this mean for those considering investing?
The design of Rehidro signals a phase change in the sector. It moves from the regulatory expectation phase to the execution phase with auditable rules. For project developers, this means that tax planning can no longer be treated separately from technical and certification planning. The local content structure, the SBCH2 certification schedule, and the R&D investment plan become, in practice, part of the project's financial engineering.
Companies that were already preparing for low-carbon hydrogen certification, with well-structured traceability and energy origin verification processes, have a real competitive advantage in this new scenario: the ability to convert the suspension benefit into a zero tax rate more quickly and with less risk of tax contingencies.
References
- Diário Oficial da União, Decreto nº 13.096, de 12 de agosto de 2026
- Portal ComexBR, Decreto nº 13.096/2026 (texto integral)
- Saes Advogados, Novidades | Âmbito Federal
- Trench Rossi Watanabe, Governo regulamenta SAF, carbono e hidrogênio
- Agência Eixos, Governo publica decretos para SAF, CCS e hidrogênio
- O Tempo, Governo regulamenta marco legal do hidrogênio de baixa emissão de carbono
