- 34 - such DARF's continued until about the time the phase II restructuring agreements between Brazil and its foreign lenders were entered into in late January 1984.12 During the phase I negotiations, the Brazilians indicated that they would have the Central Bank issue DARF's to the foreign lenders on the Central Bank's restructuring debt interest remittances on some limited basis, but they also indicated that they needed additional time in which to study and arrange for the implementation of the Central Bank's payment of such withholding tax.13 On or about December 28, 1982, the Central Bank requested a ruling from the Brazilian IRS with respect to its payment of withholding tax during the relending periods of the proposed phase I DFA and phase I CGA. The ruling request and the March 1984 12 Alexandre Leite (Leite), the head of Citibank-Brazil's tax division, testified that he and Citibank had been seeking DARF's from the Central Bank on 432 program net loan interest remittances since at least 1979. Leite related that the Central Bank officials he met with rejected Citibank's request to have the Central Bank issue such DARF's to it. Following the Central Bank's issuance of FIRCE 80 in May 1981, Leite had concluded that Citibank would not be able to persuade the Central Bank to issue such DARF's, as FIRCE 80 was authorized and sanctioned by SRF 368. 13 The parties disagree over whether the Central Bank was legally liable for and actually paid withholding tax with respect to its restructuring debt interest remittances during the relending periods of the DFA's and CGA's. The terms "payment" and "withholding tax" are used herein for convenience and are not intended as ultimate findings or conclusions concerning the Central Bank's liability for and payment of such withholding tax. Similarly, the use herein of terms indicating that DARF's or withholding receipts were issued by the Central Bank to the foreign lenders should not be construed as our conveying any legal conclusion concerning the Central Bank's liability for and payment of such withholding tax.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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