PBR » Topics » (i) Income taxes

This excerpt taken from the PBR 6-K filed Sep 10, 2009.

4. Income Taxes

Income taxes in Brazil comprise federal income tax and social contribution, which is an additional federal income tax. The statutory enacted tax rates for income tax and social contribution have been 25% and 9%, respectively, for the six-month periods ended June 30, 2009 and 2008.

The Company’s taxable income is substantially generated in Brazil and is therefore subject to the Brazilian statutory tax rate.

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4. Income Taxes (Continued)

The following table reconciles the tax calculated based upon the Brazilian statutory tax rate of 34% to the income tax expense recorded in these consolidated statements of income.

    Six-month periods 
    ended June 30, 
   
    2009    2008 
     
 
Income before income taxes and noncontrolling interest         
   Brazil    9,626    15,073 
   International    620    495 
     
 
    10,246    15,568 
     
 
Tax expense at statutory rates - (34%)   (3,484)   (5,293)
 
Adjustments to derive effective tax rate:         
     Non-deductible post-retirement and health-benefits    (80)   (122)
     Tax benefits on interests on shareholders’ equity    459   
     Foreign income subject to different tax rates    327    94 
     Tax incentive (1)   71    292 
     Other    209    264 
     
 
Income tax expense per consolidated statement of income    (2,498)   (4,765)
     

(1) On May 10, 2007, the Brazilian Federal Revenue Office recognized Petrobras' right to deduct certain tax incentives from income tax payable, covering the tax years of 2006 until 2015. During the six-month period ended June 30, 2009, Petrobras recognized a tax benefit in the amount of US$71 (US$292 on June 30, 2008) primarily related to these incentives in the Northeast, within the region covered by the Northeast Development Agency (ADENE), granting a 75% reduction in income tax payable, calculated on the profits of the exploration of the incentive activities and these have been accounted for under the flow through method.

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4. Income Taxes (Continued)

The following table shows a breakdown between domestic and international income tax benefit (expense) attributable to income from continuing operations:

    Six-month periods 
    ended June 30, 
   
    2009    2008 
     
 
Income tax expense per consolidated statement of         
income:         
   Brazil         
     Current    (2,392)   (3,892)
     Deferred    189    (704)
     
 
    (2,203)   (4,596)
     
 
   International         
     Current    (397)   (193)
     Deferred    102    24 
     
 
    (295)   (169)
     
    (2,498)   (4,765)
     

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4. Income Taxes (Continued)

The major components of the deferred income tax accounts in the consolidated balance sheet are as follows:

    June 30,    December 31, 
    2009    2008 
     
 
Current assets    534    505 
Valuation allowance    -    (5)
Current liabilities    (4)   (8)
     
 
Net current deferred tax assets    530    492 
     
 
Non-current assets         
   Employees’ postretirement benefits, net of Accumulated postretirement         
     benefit reserves adjustments 
  119    116 
   Tax loss carryforwards    1,939    1,944 
   Other temporary differences, not significant individually    560    742 
   Valuation allowance    (1,588)   (1,609)
     
 
    1,030    1,193 
     
Non-current liabilities         
   Capitalized exploration and development costs    (7,051)   (5,251)
   Property, plant and equipment    (1,661)   (1,197)
   Exchange variation    (38)   (1,226)
   Other temporary differences, not significant individually    (416)   (476)
     
 
    (9,166)   (8,150)
     
 
Net non-current deferred tax liabilities    (8,136)   (6,957)
     
 
Non-current deferred tax assets    122    123 
     
 
Non-current deferred tax liabilities    (8,258)   (7,080)
     
 
Net deferred tax liabilities    (7,606)   (6,465)
     

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4. Income Taxes (Continued)

The Company and its subsidiaries file income tax returns in Brazil and in many foreign jurisdictions. These tax returns are open to examination by the respective tax authorities in accordance with each local legislation.

As of and for the six-month period ended June 30, 2009, the Company did not have any material unrecognized tax benefits. Additionally, the Company does not expect that the amount of the unrecognized tax benefits will change significantly within the next twelve months.

This excerpt taken from the PBR 6-K filed Mar 30, 2009.

(i) Income taxes

The Company accounts for income taxes in accordance with SFAS No. 109 - Accounting for Income Taxes (“SFAS 109”), which requires an asset and liability approach to recording current and deferred taxes. The effects of differences between the tax bases of assets and liabilities and the amounts recognized in the financial statements have been treated as temporary differences for the purpose of recording deferred income taxes.

The Company records the tax benefit of all net operating losses as a deferred tax asset and recognizes a valuation allowance for any part of this benefit which management believes will not be recovered against future taxable income using a “more likely than not” criterion.

The Company adopted FASB Interpretation 48, “Accounting for Uncertainties in Income Tax” an Interpretation of Statement of Financial Accounting Standard Nº 109 (FIN-48) on January 1, 2007 and the Company recognizes the effect of an income tax position only if that position is more likely that not of being sustained upon examination, based on technical merits of the position. A recognized income tax position is measured at the largest amount that is greater than 50% likely of being realized. Changes in recognition or measurement are reflected in the period in which the change in judgment occurs.The Company records interests and penalties related to unrecognized tax benefits in “Other expenses”.

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This excerpt taken from the PBR 6-K filed Nov 28, 2008.

4. Income Taxes

Income taxes in Brazil comprise federal income tax and social contribution, which is an additional federal income tax. The statutory enacted tax rates for income tax and social contribution have been 25% and 9%, respectively, for the nine-month periods ended September 30, 2008 and 2007.

The Company’s taxable income is substantially generated in Brazil and is therefore subject to the Brazilian statutory tax rate.

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4. Income Taxes (Continued)

The following table reconciles the tax calculated based upon the Brazilian statutory tax rate of 34% to the income tax expense recorded in these consolidated statements of income.

    Nine-month periods ended 
        September 30, 
     
    2008    2007 
     
 
Income before income taxes and minority interest         
       Brazil    23,801    14,422 
       International    553    340 
     
 
    24,354    14,762 
     
 
Tax expense at statutory rates - (34%)   (8,280)   (5,019)
Adjustments to derive effective tax rate:         
   Tax benefit on interest on shareholders’ equity    -    788 
   Non-deductible post-retirement and health-benefits    (198)   (224)
   Foreign income subject to different tax rates    209    (199)
   Tax incentive (1)   455    587 
   Other    211    (124)
     
 
Income tax expense per consolidated statement of         
income    (7,603)   (4,191)
     

(1) On May 10, 2007, the Brazilian Federal Revenue Office recognized Petrobras' right to deduct certain tax incentives from income tax payable, covering the tax years of 2006 until 2015. During the nine-month period ended September 30, 2008, Petrobras recognized a tax benefit in the amount of US$455 (US$587 on September 30, 2007) related to these incentives in the Northeast, within the region covered by the Northeast Development Agency (ADENE), granting a 75% reduction in income tax payable, calculated on the profits of the exploration of the incentive activities and these have been accounted for under the flow through method.

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4. Income Taxes (Continued)

The following table shows a breakdown between domestic and international income tax benefit (expense) attributable to income from continuing operations:

    Nine-month periods 
    ended September, 30 
   
    2008    2007 
     
 
Income tax expense per consolidated statement of         
income:         
Brazil         
   Current    (7,180)   (3,346)
   Deferred    (197)   (627)
     
 
    (7,377)   (3,973)
     
 
International         
   Current    (292)   (164)
   Deferred    66    (54)
     
 
    (226)   (218)
     
    (7,603)   (4,191)
     

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4. Income Taxes (Continued)

The major components of the deferred income tax accounts in the consolidated balance sheet are as follows:

    September 30,    December 31, 
    2008    2007 
     
 
Current assets    897    498 
Current liabilities    (9)   (7)
     
 
Net current deferred tax assets    888    491 
     
 
Non-current assets         
   Employees’ postretirement benefits, net of         
     Accumulated postretirement benefit reserves         
     adjustments    1,960    2,065 
   Tax loss carryforwards    732    335 
   Other temporary differences, not significant         
     individually    466    600 
   Valuation allowance    (602)   (373)
     
 
    2,556    2,627 
     
Non-current liabilities         
   Capitalized exploration and development costs    6,011    5,810 
   Property, plant and equipment    935    1,494 
   Other temporary differences, not significant         
       individually    287    110 
     
 
    7,233    7,414 
     
 
Net non-current deferred tax liabilities    (4,677)   (4,787)
     
 
Non-current deferred tax assets    30    15 
     
 
Non-current deferred tax liabilities    4,707    (4,802)
     
 
Net deferred tax liabilities    3,789    (4,296)
     

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4. Income Taxes (Continued)

The Company and its subsidiaries file income tax returns in Brazil and in many foreign jurisdictions. These tax returns are open to examination by the respective tax authorities in accordance with each local legislation.

As of and for the nine-month period ended September 30, 2008, the Company did not have any unrecognized tax benefits. Additionally, the Company does not expect that the amount of the unrecognized tax benefits will change significantly within the next twelve months.

This excerpt taken from the PBR 6-K filed May 22, 2008.

4. Income Taxes

Income taxes in Brazil comprise federal income tax and social contribution, which is an additional federal income tax. The statutory enacted tax rates for income tax and social contribution have been 25% and 9%, respectively for the three-month periods ended March 31, 2008 and 2007.

The Company’s taxable income is substantially generated in Brazil and is therefore subject to the Brazilian statutory tax rate.

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4. Income Taxes (Continued)

The following table reconciles the tax calculated based upon the Brazilian statutory tax rate of 34% to the income tax expense recorded in these consolidated statements of income.

    Three-month 
    periods ended 
    March, 31 
   
    2008    2007 
     
 
Income before income taxes and minority interest         
     Brazil    6,475    3,822 
     International    154    (68)
     
    6,629    3,754 
     
 
Tax expense at statutory rates - (34%)   (2,254)   (1,276)
Adjustments to derive effective tax rate:         
 Non-deductible postretirement and health-benefits    (47)   (72)
 Tax incentive (1)   162   
 Other    78    (86)
     
 
Income tax expense per consolidated statement of income    (2,061)   (1,428)
     

(1)     
On May 10, 2007, the Brazilian Federal Revenue Office recognized Petrobras' right to deduct certain tax incentives from income tax payable, covering the tax years of 2006 until 2015, and Petrobras recognized a tax benefit in the amount of US$162 related to these incentives in the Northeast, within the region covered by the Northeast Development Agency (ADENE), granting a 75% reduction in income tax payable, calculated on the profits of the exploration of the incentive activities and these have been accounted for under the flow through method. Up to March 31, 2008 this incentive amounted to US$669.

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4. Income Taxes (Continued)

The following table shows a breakdown between domestic and international income tax benefit (expense) attributable to income from continuing operations:

    Three-month periods 
    ended March, 31 
   
    2008    2007 
     
 
Income tax expense per consolidated statement of         
income:         
     Brazil         
         Current    (1,634)   (1,277)
         Deferred    (376)   (115)
     
 
    (2,010)   (1,392)
     
 
     International         
         Current    (79)   (41)
         Deferred    28   
     
 
    (51)   (36)
     
 
    (2,061)   (1,428)
     

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4. Income Taxes (Continued)

The major components of the deferred income tax accounts in the consolidated balance sheet are as follows:

    March 31,    December 31, 
    2008    2007 
     
 
Current assets    680    498 
Current liabilities    (43)   (7)
     
 
Net current deferred tax assets    637    491 
     
 
 
    March 31,    December 31, 
    2008    2007 
     
Non-current assets         
   Employees’ postretirement benefits, net of Accumulated         
     postretirement benefit reserves adjustments    2,126    2,065 
   Tax loss carryforwards    457    335 
   Other temporary differences, not significant         
     individually    560    600 
   Valuation allowance    (321)   (373)
     
 
    2,822    2,627 
     
Non-current liabilities         
   Capitalized exploration and development costs    (6,074)   (5,810)
   Property, plant and equipment    (1,428)   (1,494)
   Other temporary differences, not significant         
     individually    (509)   (110)
     
 
    (8,011)   (7,414)
     
 
Net non-current deferred tax liabilities    (5,189)   (4,787)
     
 
Non-current deferred tax assets    9    15 
 
Non-current deferred tax liabilities    (5,198)   (4,802)
Net deferred tax liabilities    (4,552)   (4,296)
     

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4. Income Taxes (Continued)

The Company and its subsidiaries file income tax returns in Brazil and in many foreign jurisdictions. These tax returns are open to examination by the respective tax authorities in accordance with each local legislation.

As of and for the three-month period ended March 31, 2008, the Company did not have any unrecognized tax benefits. Additionally, the Company does not expect that the amount of the unrecognized tax benefits will change significantly within the next twelve months.

This excerpt taken from the PBR 6-K filed Mar 18, 2008.

(i) Income taxes

The Company accounts for income taxes in accordance with SFAS No. 109 - Accounting for Income Taxes (“SFAS 109”), which requires an asset and liability approach to recording current and deferred taxes. The effects of differences between the tax bases of assets and liabilities and the amounts recognized in the financial statements have been treated as temporary differences for the purpose of recording deferred income taxes.

The Company records the tax benefit of all net operating losses as a deferred tax asset and recognizes a valuation allowance for any part of this benefit which management believes will not be recovered against future taxable income using a “more likely than not” criterion.

This excerpt taken from the PBR 6-K filed Sep 6, 2007.

4. Income Taxes

Income taxes in Brazil comprise federal income tax and social contribution, which is an additional federal income tax. The statutory enacted tax rates for income tax and social contribution have been 25% and 9%, respectively for the six-month periods ended June 30, 2007 and 2006.

The Company’s taxable income is substantially generated in Brazil and is therefore subject to the Brazilian statutory tax rate.

In July 2006, the Financial Accounting Standards Board (FASB) issued FASB Interpretation No. 48, “Accounting for Uncertainty in Income Taxes, an interpretation of FASB Statement No. 109” (FIN 48). This Interpretation provides guidance on recognition, classification and disclosure concerning uncertain tax liabilities. The evaluation of a tax position requires recognition of a tax benefit if it is more likely than not it will be sustained upon examination. The Company adopted this Interpretation effective January 1, 2007. The adoption did not have a material impact on Petrobras’ consolidated financial statements.

The Company and its subsidiaries file tax returns in Brazilian jurisdiction and in many foreign jurisdictions. Audits in major jurisdictions are generally complete through 2001. The Company classifies interest on income tax related balances as interest expense or interest income and classifies tax related penalties as operating expenses. At January 1, 2007, the Company had no material accrued interest and penalties payable.

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4. Income Taxes (Continued)

The following table reconciles the tax calculated based upon statutory tax rates to the income tax expense recorded in these consolidated financial statements.

    Six-month period 
    ended June, 30 
   
    2007    2006 
     
 
Income before income taxes and minority interest         
     Brazil    8,616    9,878 
     International    661    456 
     
    9,277    10,334 
     
 
Tax expense at statutory rates - (34%)   (3,154)   (3,514)
Adjustments to derive effective tax rate:         
 Non-deductible post-retirement and health-benefits    (144)   (96)
Tax benefit on interest on shareholders’ equity (see Note 12)   365   
Tax incentive (1)   494   
 Other    (163)   120 
     
 
Income tax expense per consolidated statement of income    (2,602)   (3,490)
     

(1) It relates to tax incentives in the Northeast, within the region covered by the Northeast Development Agency (ADENE), granting a 75% reduction in income tax payable, calculated on the profits of the exploration of the incentived activities. Up to June 30, 2007 this incentive amounted to U.S.$494 and has been accounted for under the flow through method.

On May 10, 2007, the Brazilian Federal Revenue Office recognized Petrobras’ right to deduct this incentive from income tax payable, covering the tax years of 2006 until 2015.

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4. Income Taxes (Continued)

The following table shows a breakdown between domestic and international income tax expense (benefit) recorded in these consolidated financial statements:

    Six-month period 
    ended June, 30 
   
    2007    2006 
     
 
Income tax expense per consolidated statement of income:         
     Brazil         
         Current    (2,647)   (3,091)
         Deferred    179    (262)
     
    (2,468)   (3,353)
 
     International 
       
         Current    (103)   (134)
         Deferred    (31)   (3)
     
    (134)   (137)
     
 
    (2,602)   (3,490)
     

This excerpt taken from the PBR 6-K filed Jun 13, 2007.

4. Income Taxes

Income taxes in Brazil comprise federal income tax and social contribution, which is an additional federal income tax. The statutory enacted tax rates for income tax and social contribution have been 25% and 9%, respectively for the three-month periods ended March 31, 2007 and 2006.

The Company’s taxable income is substantially generated in Brazil and is therefore subject to the Brazilian statutory tax rate.

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4. Income Taxes (Continued)

In July 2006, the Financial Accounting Standards Board (FASB) issued FASB Interpretation No. 48, “Accounting for Uncertainty in Income Taxes, an interpretation of FASB Statement No. 109” (FIN 48). This Interpretation provides guidance on recognition, classification and disclosure concerning uncertain tax liabilities. The evaluation of a tax position requires recognition of a tax benefit if it is more likely than not it will be sustained upon examination. The Company adopted this Interpretation effective January 1, 2007. The adoption did not have a material impact on Petrobras’ consolidated financial statements.

The Company and its subsidiaries file tax returns in Brazilian jurisdiction and in many foreign jurisdictions. Audits in major jurisdictions are generally complete through 2001. The Company classifies interest on income tax related balances as interest expense or interest income and classifies tax related penalties as operating expenses. At January 1, 2007, the Company had no material accrued interest and penalties payable.

The following table reconciles the tax calculated based upon statutory tax rates to the income tax expense recorded in these consolidated financial statements.

    Three-month period ended March , 31 
   
    2007    2006 
       
 
Income before income taxes and minority interest         
     Brazil    3,810    4,905 
     International    (56)   209 
       
    3,754    5,114 
       
 
Tax expense at statutory rates – (34%)   (1,276)   (1,739)
Adjustments to derive effective tax rate:         
 Non-deductible post-retirement and health-benefits    (72)   (56)
 Change in valluation allowance    25   
 Other    (105)   62 
       
 
Income tax expense per consolidated statement of income    (1,428)   (1,733)
       

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4. Income Taxes (Continued)

The following table shows a breakdown between domestic and international income tax expense (benefit) recorded in these consolidated financial statements:

    Three-month period 
ended March , 31
 
   
   
    2007    2006 
       
 
Income tax expense per consolidated statement of         
income:         
     Brazil         
         Current    (1,277)   (1,325)
         Deferred    (115)   (346)
       
    (1,392)   (1,671)
 
       International         
         Current    (41)   (46)
         Deferred    5    (16)
       
 
    (36)   (62)
       
    (1,428)   (1,733)
       

This excerpt taken from the PBR 6-K filed Apr 10, 2007.

(j) Income taxes

The Company accounts for income taxes in accordance with SFAS No. 109 - Accounting for Income Taxes ("SFAS 109"), which requires an asset and liability approach to recording current and deferred taxes. The effects of differences between the tax bases of assets and liabilities and the amounts recognized in the financial statements have been treated as temporary differences for the purpose of recording deferred income taxes.

The Company records the tax benefit of all net operating losses as a deferred tax asset and recognizes a valuation allowance for any part of this benefit which management believes will not be recovered against future taxable income using a "more likely than not" criterion.

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2. Summary of Significant Accounting Policies (Continued)

This excerpt taken from the PBR 6-K filed Nov 28, 2006.

4. Income Taxes

Substantially all of the Company’s taxable income is generated in Brazil and is therefore subject to the Brazilian statutory tax rate. The following table reconciles the tax calculated based upon statutory tax rates to the income taxes expense recorded in these consolidated financial statements.

     
    Nine-month period ended September30, 
   
    2006    2005 
     
 
Income before income taxes and minority interest    15,113    10,618 
     
 
Tax expense at statutory rates - (34 %)   (5,138)   (3,610)
Adjustments to derive effective tax rate:         
   Non-deductible post-retirement and health-benefits    (162)   (193)
   Tax benefit on interest on shareholders’ equity    683    317 
   Others    (32)   (107)
     
 
Income tax expense per consolidated statement of income    (4,649)   (3,593)
     

This excerpt taken from the PBR 6-K filed Sep 6, 2006.

4. Income Taxes

Substantially all of the Company’s taxable income is generated in Brazil and is therefore subject to the Brazilian statutory tax rate. The following table reconciles the tax calculated based upon statutory tax rates to the income taxes expense recorded in these consolidated financial statements.

    Six-month period ended June 30, 
   
    2006    2005 
     
 
Income before income taxes and minority interest    10,334    6,614 
     
 
Tax expense at statutory rates - (34 %)   (3,514)   (2,249)
Adjustments to derive effective tax rate:         
 Non-deductible post-retirement and health-benefits    (96)   (118)
 Tax benefit on interest on shareholders’ equity    -    317 
 Non deductible depreciation    65   
 Others    55    (33)
     
 
Income tax expense per consolidated statement of income    (3,490)   (2,083)
     

This excerpt taken from the PBR 6-K filed Jun 28, 2006.

3. Income Taxes

Substantially all of the Company’s taxable income is generated in Brazil and is therefore subject to the Brazilian statutory tax rate. The following table reconciles the tax calculated based upon statutory tax rates to the income taxes expense recorded in these consolidated financial statements.

    Three-month period ended March , 31 
   
    2006    2005 
     
 
Income before income taxes and minority interest    5,114    3,237 
     
 
Tax expense at statutory rates - (34 %)   (1,739)   (1,101)
Adjustments to derive effective tax rate:         
 Non-deductible post-retirement and health-benefits    (56)   (36)
 Others    62    (64)
     
 
Income tax expense per consolidated statement of income    (1,733)   (1,201)
     

This excerpt taken from the PBR 6-K filed Mar 21, 2006.

(k) Income taxes

The Company accounts for income taxes in accordance with SFAS No. 109 - Accounting for Income Taxes ("SFAS 109"), which requires an asset and liability approach to recording current and deferred taxes. The effects of differences between the tax bases of assets and liabilities and the amounts recognized in the financial statements have been treated as temporary differences for the purpose of recording deferred income taxes.

The Company records the tax benefit of all net operating losses as a deferred tax asset and recognizes a valuation allowance for any part of this benefit which management believes will not be recovered against future taxable income using a "more likely than not" criterion.

This excerpt taken from the PBR 6-K filed Nov 23, 2005.

3. Income Taxes

Substantially all of the Company’s taxable income is generated in Brazil and is therefore subject to the Brazilian statutory tax rate. The following table reconciles the tax calculated based upon statutory tax rates to the income taxes expense recorded in these consolidated financial statements.

    Nine-month period ended 
    September, 30 
   
    2005    2004 
     
 
Income before income taxes and minority interest    10,618    6,188 
     
 
Tax expense at statutory rates – (34 %)   (3,610)   (2,104)
Adjustments to derive effective tax rate:         
 Non-deductible post-retirement and health-benefits    (193)   (109)
 Equity in non-consolidated companies    37    48 
 Tax benefit on interest on shareholders’ equity    317    511 
 Others    (144)   50 
     
 
Income tax expense per consolidated statement of income    (3,593)   (1,604)
     

This excerpt taken from the PBR 6-K filed Aug 25, 2005.

3. Income Taxes

Substantially all of the Company’s taxable income is generated in Brazil and is therefore subject to the Brazilian statutory tax rate. The following table reconciles the tax calculated based upon statutory tax rates to the income taxes expense recorded in these consolidated financial statements.

    Six-month period ended June, 30 
   
    2005    2004 
     
 
 
       Income before income taxes and minority interest    6,614    3,904 
     
 
       Tax expense at statutory rates – (34 %)   (2,249)   (1,327)
       Adjustments to derive effective tax rate:         
           Non-deductible post-retirement and health-benefits    (118)   (72)
           Tax benefit on interest on shareholders’ equity    317    139 
           Others    (33)   (73)
     
 
       Income tax expense per consolidated statement of income    (2,083)   (1,333)
     
 
 
 
4. Inventories         
 
    June 30,    December 31, 
    2005    2004 
     
       Products         
           Oil products    2,372    1,728 
           Fuel alcohol    69    72 
     
    2,441    1,800 
 
       Raw materials, mainly crude oil    2,221    2,286 
       Materials and supplies    770    697 
       Others    202    121 
     
    5,634    4,904 
     

15


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