- 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 Next
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