Pursuant to Rule 13a-16 or 15d-16 of the
20031-912 - Rio de Janeiro, RJ
Federative Republic of Brazil
Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40-F.
Form 20-F ___X___ Form 40-F _______
Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes _______ No___X____
This report on Form 6-K is incorporated by reference in the Registration
Statement on Form F-3 of Petróleo Brasileiro -- Petrobras (No. 333-163665).
Court decision regarding Withholding Income Tax on remittances for the payment of vessel charters
Rio de Janeiro, November 5, 2012 – Petróleo Brasileiro S.A. – Petrobras, in reference to the case concerning the Withholding Income Tax – IRRF on remittances for the payment of vessel charters from 1999 to 2002, was communicated today of the unfavorable decision rendered by the 29th Federal Court of Rio de Janeiro.
Petrobras filed a suit on March 1st, 2012 aimed at annulling the debt assessed by the Federal Revenue Service in Administrative Case No. 18471.001620/2003-36, which requires the Withholding Income Tax levied on remittances made from January 1999 to December 2002 for the charter payment of platforms belonging to companies located in countries with favored taxation.
Petrobras obtained an injunction on March 12th, 2012 from the Regional Federal Court of the 2nd Region, which suspended the enforceability of the debt until the final judgment of the case.
Today, Petrobras was communicated of the unfavorable decision rendered by the judge who denied the requests formulated in the case.
Petrobras is assessing how to appropriately challenge this decision with its legal advisors and will appeal in the right moment. The company believes it is supported by the tax legislation, which assured it Income Tax exemption at the time of the facts.
This contingency has been disclosed in the company’s Financial Statements, with an expected loss classified as possible and estimated amount of R$ 4.783 billion. Petrobras does not have provisions for this case.
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PETRÓLEO BRASILEIRO S.A--PETROBRAS | ||
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By: |
/S/ Almir Guilherme Barbassa
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Almir Guilherme Barbassa
Chief Financial Officer and Investor Relations Officer |
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