Riggs National Corporation & Subsidiaries (f.k.a. Riggs National Bank and Subsidiaries) - Page 76

                                       - 76 -                                         
          income remittances to third parties.  Article 123 generally                 
          provides that private agreements concerning the liability to pay            
          taxes are not binding upon the National Treasury.  However, the             
          National Tax Code is a complementary law and cannot override a              
          public-sector entity's immunity from taxation under Article 19 of           
          the Brazilian Constitution.                                                 
               Similarly, petitioner's reliance upon certain "normative"              
          rulings33 that were issued by the Brazilian IRS from 1971 through           
          1974 is also misplaced.  These rulings generally hold that immune           
          or exempt entities are required to withhold with respect to their           
          remittances of income to third parties.  The rationale employed in          
          these rulings is that although the remitter is immune or exempt             
          from payment of Brazilian income taxes on its income, this immunity         
          or exemption of the remitter does not extend to the beneficiary or          
          recipient of the income.  Thus, withholding taxes must be paid by           
          the remitter on behalf of the recipient, unless the recipient of            
          the income is itself immune or exempt from Brazilian income tax.            
          However, these rulings were issued prior to October 15, 1975, and           
          June 10, 1980, the respective dates upon which the Brazilian                
          Supreme Court's Parana II decision and SRF 368 were issued.34               

          33        Normative rulings are published in the Brazilian                  
          Government's Official Gazette and are intended to furnish                   
          guidance to and be applicable to the public at large.  In                   
          contrast, the March 1984 Brazilian IRS ruling issued to the                 
          Central Bank was a private ruling that applied only to the                  
          Central Bank and not to other public-sector entities.                       
          34        The earlier rulings do not distinguish between gross              
                                                             (continued...)           



Page:  Previous  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  Next

Last modified: May 25, 2011