- 85 -                                         
          correct, then a Brazilian State would be free to tax the assets,            
          revenue, and operations of other Brazilian States.  Similarly, a            
          Brazilian municipality could tax other Brazilian municipalities.            
          Petitioner has cited no persuasive Brazilian legal authority for            
          this proposition.  We further note other convincing evidence of             
          record.  The Central Bank, following its issuance of FIRCE 80 in            
          May 1981, did not require withholding tax to be collected with              
          respect to the net loan interest remittances abroad of all public-          
          sector entities, including "federal, state, and municipal                   
          autonomous governmental agencies".  In January 1985, during the             
          phase III negotiations, the Brazilians, in resisting the efforts of         
          foreign lenders to have the Central Bank issue them DARF's and              
          ostensibly pay withholding tax on all its net loan interest                 
          remittances abroad, advised the BAC that there was "no room for any         
          change  *  *  *  [in the Central Bank's] tax immunity."                     
               In our opinion, the applicable Brazilian law with respect to           
          the Central Bank's restructuring debt interest remittances is as            
          reflected in SRF 36840 and in certain Brazilian Supreme Court               
          39(...continued)                                                            
                    Paragraph 1.  The provisions of letter a of item                  
               III above extends to the autonomous governmental                       
               entities, as regards the assets, revenues, and services                
               connected with their essential purpose or resulting                    
               therefrom  *  *  *                                                     
          40        On brief, petitioner asserts that, to the best of its             
          knowledge, "no banks lending to Brazil were aware of SRF 368                
          until March 18, 1994, when Respondent produced a copy in its                
                                                             (continued...)           
Page:  Previous   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   NextLast modified: May 25, 2011