- 86 - decisions, like the Parana II decision. Consequently, we conclude that, under Brazilian law, public-sector entities, like the Central Bank, are not required to pay withholding tax on their net loan interest remittances abroad, because of their immunity from taxation under Article 19 of the Brazilian Constitution. F. The Act of State Doctrine As indicated previously, we have determined that SRF 368 and certain Brazilian Supreme Court decisions, including the Parana II decision, correctly reflect the applicable Brazilian law that public-sector entities are not required to collect and pay over withholding tax with respect to their net loan interest remittances 40(...continued) Status Report filed on that date. Respondent has never explained how or where she obtained SRF 368." Petitioner also notes certain testimony of employees and representatives of various major international banks that the banks' Brazilian counsel had advised them that the Central Bank was required to pay withholding tax on its net loan interest remittances abroad. The record does not support petitioner's assertion that none of the banks were aware of SRF 368 until Mar. 18, 1994. Alexandre Leite, who headed Citibank-Brazil's tax division, testified that after the Central Bank's issuance of FIRCE 80 in May 1981, he concluded that Citibank would not be able to persuade the Central Bank to issue DARF's with respect to its 432 program net loan interest remittances. He stated that with FIRCE 80 "there was a ruling from the tax revenue service * * * that any immune entity would not be obliged to * * * [issue withholding receipts in remitting interest]." See supra note 12. We thus do not believe that the major international banks, like Citibank, that were seeking DARF's with respect to the Central Bank's net loan interest remittances to them, much less these banks' Brazilian counsel, were unaware of SRF 368 until Mar. 18, 1994. The record further fails to disclose what specifically the banks' Brazilian counsel told the banks or did not tell the banks with respect to SRF 368.Page: Previous 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Next
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