- 84 - borrowers-to-be theory and to negotiate a longer relending period for the phase III DFA, they were unwilling to make any change in the Central Bank's tax immunity. In their comments, the Brazilians also advised the BAC that about 75 percent of the phase III debt to be restructured was not subject to withholding tax because it was governmental debt. Lastly, we reject petitioner's contention that Article 19 of the Brazilian Constitution does not prohibit the Brazilian Federal Government from taxing the assets, revenues, and operations of Federal-level autarquias, like the Central Bank, as Article 19, petitioner maintains, precludes taxation only between the different governmental levels. Although some of petitioner's experts did give opinions to that effect, we agree with respondent's expert Tostes that such an interpretation of the constitutional tax immunity of public-sector entities is contrary to the provisions of Article 19, and is an unreasonable and questionable construction of Article 19.39 If petitioner's interpretation of Article 19 were 39 Article 19 of the Brazilian Constitution provides, in pertinent part: Article 19. The Union, the states, the Federal District, and the Municipalities, are forbidden to: * * * * * * * III. Establish a tax on: a. The assets, revenues, or services of one another. * * * * * * * (continued...)Page: Previous 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 Next
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