- 39 - Q. The Brazilian IRS's March 1984 Private Ruling to the Central Bank On or about December 28, 1982, the head of FIRCE submitted a "consulta" or ruling request by the Central Bank to the Brazilian IRS. The December 28, 1982, consulta stated, in pertinent part: Subject: Withholding tax levied on interest on * * * [proposed phase I DFA and phase I CGA]. Mr. Secretary, In the next few days, the Central Bank of Brazil will enter into, with the international financial community, * * * [the proposed phase I DFA and phase I CGA]. * * * * * * * 2. In contracting these * * * [agreements], the Central Bank * * * will act in the capacity of Agent of the Federal Government in implementing the foreign exchange policy determined by the National Monetary Council. 3. Therefore, all the financing charges resulting from the above agreements will be for the account of the National Treasury, which will be responsible for the respective services related to payments and remittances. 4. During the negotiations for such Agreements, the Brazilian Authorities assumed the commitment to provide the creditors with withholding receipts (DARF's) for the withholding tax paid on the interest payable by the Central Bank on the funds of * * * [the phase I DFA and phase I CGA], during the period in which such funds remain deposited at the Central Bank and available for relending to borrowers in Brazil. 5. In view of the special characteristics of these transactions, we hereby request your opinion on the matter, pointing out that the following has already been negotiated with the creditor bankers: (a) issuance of the DARF's in the names of the agent bank of * * * [the proposed phase I DFA and phase I CGA], considering thatPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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