EMBRAER S.A. NOTICE TO THE MARKET
SÃO JOSÉ DOS CAMPOS, Brazil, Feb. 10, 2023 /PRNewswire/ — EMBRAER S.A. (“Embraer” or “Company”) (B3: EMBR3, NYSE: ERJ), in compliance with the provisions set forth in Brazilian Securities and Exchange Comission (Comissão de Valores Mobiliários) Resolution nº 44, of August 23, 2021, and in attention to the newspaper article published by Estado de São Paulo this morning, February 10, 2023, under the title “Companies project billionaire losses after STF decision” (free translation), according to which, in the context of the recent decision of the Brazilian Supreme Court (Supremo Tribunal Federal or “STF”) regarding the “Social Contribution on Net Income” tax (Contribuição Social sobre o Lucro Líquido or “CSLL”) and its potential impacts on taxpayers, “[a]t Embraer, the estimated impact is at least R$ 1.16 billion per year, according to sector specialists” (free translation), hereby clarifies its shareholders and the market that, contrary to what was incorrectly conveyed in the above mentioned article, Embraer does not anticipate material financial impacts for the Company relating to CSLL due to such STF decision, either on its cash position or on its annual results. The Company regularly calculates and collects CSLL, and informs that it does not have ongoing proceedings nor final, unappealable decision (decisão final transitada em julgado) on the non-collection of tax. Consequently, Embraer clarifies that it does not expect any impact on the calculation or collection of CSLL.
São José dos Campos, February 10, 2023.
Antonio Carlos Garcia
Executive Vice-President and CFO
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SOURCE Embraer S.A.