Business Context and Reporting Period
This Form 6-K filing by Embraer S.A. is dated February 10, 2023, and serves as a Notice to the Market. The filing addresses a newspaper article published on February 10, 2023, by "Estado de São Paulo," which incorrectly reported that a recent decision by the Brazilian Supreme Court (STF) regarding the "Social Contribution on Net Income" (CSLL) tax would result in estimated annual losses of at least R$ 1.16 billion for the Company.
Key Financial Metrics
The filing does not provide specific financial statements, revenue, profit, cash flow, or debt figures for the period ending March 31, 2023. The document focuses exclusively on clarifying the Company's tax position regarding the CSLL.
Material Changes and Clarifications
- Correction of Public Record: Embraer explicitly refutes the claim that the STF decision will cause material financial impacts on its cash position or annual results.
- Tax Compliance Status: The Company states it regularly calculates and collects CSLL.
- Legal Proceedings: Embraer confirms it has no ongoing proceedings nor any final, unappealable decisions regarding the non-collection of this tax.
Management Commentary and Risks
Antonio Carlos Garcia, Executive Vice-President and CFO, signed the notice to clarify that the Company does not anticipate any impact on the calculation or collection of CSLL due to the STF decision. The primary risk addressed is the potential market misinterpretation of the tax ruling, which the Company asserts will not affect its financial standing.
Investor Verification Checklist
- Verify the Company's official stance on the CSLL tax impact versus third-party media projections.
- Confirm the absence of ongoing legal proceedings or final unappealable decisions regarding CSLL non-collection.
- Monitor future filings for any updates on the STF decision's broader implications on the Brazilian aerospace sector.