- 64 - reasoned that Resolution 63, which authorizes the repassing of the foreign loan, confers upon the repass borrower the status of a foreign currency borrower and concluded that the repass borrower could avail itself of its tax immunity.25 The Brazilian Supreme Court in Minas Gerais further held that certain mixed capital companies were required to pay withholding tax on interest remittances they made as repass borrowers with respect to their Resolution 63 repass loans, because these mixed capital companies did not enjoy immunity from taxation, as they have the same status under the Brazilian Constitution as private companies.26 On August 30, 1979, the full Brazilian Supreme Court issued its decision unanimously rejecting the objections of the State of Parana Highway Department in its appeal from the Parana I--1st Panel decision (hereinafter for convenience referred to as the 24(...continued) argument] invoked by the plaintiffs: the remittances are from the State of Minas Gerais and thus [enjoy] the benefit of reciprocal tax immunity granted under art. 19 * * * of the Constitution. A "summula" is a statement of a legal proposition that the Brazilian Supreme Court feels is firmly established under Brazilian law. 25 In the case of a Resolution 63 repass net loan, the repass borrower generally must also provide the repass lender with the funds to pay the withholding tax on the repass lender's interest remittances to the foreign lender. However, as noted in our findings, if the repass lender is entitled to a pecuniary benefit, the repass lender must then pass on the benefit to the repass borrower. 26 The Minas Gerais decision does not specifically state whether the Resolution 63 repass loans involved were net loans or gross loans. However, see supra note 25.Page: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
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