The deadline for submitting the annual Net Revenue Declaration, obtained from the economic exploitation of the finished product or reproductive material, for the fiscal year 2025, ends on March 31, 2026, as stipulated in Article 45, § 2, of Federal Decree No. 8,772/2016, which regulates the Brazilian Biodiversity Law.
Who must submit the Net Revenue Declaration?
Manufacturers of finished products or producers of reproductive material must submit the declaration. According to Article 2 of Federal Law No. 13,123/2015:
Finished product – is a product whose nature does not require any type of additional production process, originating from access to genetic resources or associated traditional knowledge, in which the component of genetic resources or associated traditional knowledge is one of the main elements of added value to the product, being suitable for use by the final consumer, whether a natural or legal person.
Reproductive material – is plant propagation or animal reproduction material, of any genus, species or cultivar, originating from sexual or asexual reproduction.
How to fill out the Net Revenue Declaration?
The official model for the Net Revenue Declaration is provided for in MMA Ordinance No. 143/2020. The declaration must be entered into the National System for the Management of Genetic Heritage and Associated Traditional Knowledge (SisGen), within the scope of the respective notification of finished product or reproductive material.
What penalties may be applied in case of improper submission of the Net Revenue Declaration?
According to art. Article 86 of Federal Decree No. 8,772/2016 states that preparing or presenting totally or partially false or misleading information, documents, studies, reports, or assessments may result in a fine ranging from:
• between R$ 30,000.00 (thirty thousand reais) and R$ 300,000.00 (three hundred thousand reais), if the company has annual gross revenue equal to or less than R$ 4,800,000.00 (four million and eight hundred thousand reais); or
• between R$ 100,000.00 (one hundred thousand reais) and R$ 5,000,000.00 (five million reais), for other companies.
In case of doubts, the Regulatory team of the Nascimento e Mourão Sociedade de Advogados law firm is available to provide further clarification on the subject.
Evelini Oliveira de Figueiredo Fonseca | evelini.fonseca@nascimentomourao.adv.br
Partner in the Environmental and Regulatory Law area.
