Riggs National Corporation & Subsidiaries (f.k.a. Riggs National Bank and Subsidiaries) - Page 64

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          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.                                   



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