- 43 - DECISION: I agree fully with the conclusions of the attached opinion of the * * * [Brazilian IRS]. In view of item 13 of said opinion, I direct the Central Bank of Brazil to implement the payment of income tax on or before the last business day of the month following the month in which the withholding is made. Brasilia, March 14, 1984 /Ernane Galveas/ ERNANE GALVEAS Minister of Finance The Brazilian IRS ruling, which he enclosed to the Central Bank, stated: Federal Government Service Ministry of Finance * * * [Brazilian IRS] OPINION Income tax withheld on interest due to parties resident or domiciled abroad * * * [FIRCE] of the Central Bank of Brazil requests an opinion about the tax treatment of Agreements called * * * [CGA and DFA] under which such government agency [autarquia] is liable for the payments and remittances pertaining to them, in the period of availability of such funds for relending. (2) By virtue of the special characteristics of these transactions, the question arises as to whether there is an incidence of income tax, in view of the government agency's [autarquia's] assumption of the burden, and if so whether, (a) the DARF's may be issued in the name of the agent bank centralizing each project, considering that the large number of lenders makes it impractical to complete one DARF for each of them; (b) the tax rates established in the treaties signed by Brazil to avoid double taxation may be applied; (c) the pecuniary benefit * * * applies;Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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