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Maximum deadline for approval of preexisting expenses in fixed capital for PPI-qualified projects is 5 years

Reviewed on 2026-10-03 · next review 2027-04-03

Data

Data consulted on 03/10/2026.

Basis

• Decreto n.º 10.053/2019 (Planalto, in Portuguese): § 3 of art. 12 establishes that, for PPI-qualified infrastructure projects (Lei n.º 13.334/2016), the operator agent may approve preexisting expenses in fixed capital incurred in the 5 years prior to the project approval date.

How it applies

The 5-year deadline applies exclusively to PPI-qualified infrastructure projects, as defined by Lei n.º 13.334/2016. The operator agent (Banco da Amazônia S.A. or other authorized financial institutions) is responsible for analyzing and approving these expenses, provided they align with the project's physical-financial schedule.

Limits

• Applicable only to PPI-qualified projects: the deadline does not extend to other projects, even those integrated into the axes of the National Policy for Regional Development (PNDR), whose deadlines will be defined by the Sudam Deliberative Council (art. 12, § 4.º).
• Fixed capital expenses: the benefit is limited to investments in fixed assets (equipment, civil works, etc.), not covering current expenses or other categories.
• Reference date: the deadline is counted from the project approval date, not the contract date or start of construction.
• Subsequent changes: the decree text does not provide for automatic review of the deadline; updates should be verified in future norms from the National Monetary Council or Sudam.
• Non-PPI-qualified projects: for these cases, the deadline will be defined by the Sudam Deliberative Council, observing a maximum limit of 5 years (art. 12, § 4.º).

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