- 42 - during the relending periods of the DFA's and CGA's because until the expiration of the applicable relending period the loan funds were not yet irrevocably committed to the Central Bank, and it, therefore, had to pay withholding tax on behalf of future, unidentified "borrowers-to-be" (the borrowers-to-be theory). They incorporated this borrowers-to-be theory into the revised draft ruling they prepared, which revised draft ultimately became the final version of the ruling the Brazilian IRS issued to the Central Bank in March 1984. By letter dated March 14, 1984, the Brazilian Finance Minister forwarded to the Central Bank's President the Finance Minister's decision on the ruling request and the ruling the Brazilian IRS had issued. The March 14, 1984, letter stated, in pertinent part: I refer to the inquiry made by your Bank regarding the tax treatment for the Agreements called * * * [CGA and DFA]. 2. In this respect, I enclose a copy of the opinion of * * * [the Brazilian IRS] on the matter, as well as of the decision I issued on this date on account of the discussions I had jointly with you for the negotiation of such agreement. The ruling issued to the Central Bank was a private ruling that was given limited circulation. The ruling was not made available to the public and was not published in the Brazilian Government's Official Gazette. The Finance Minister's decision stated: Case No.: Interested Party: CENTRAL BANK OF BRAZILPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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