- 10 - “gross up” is required for purposes of computing the withholding tax. This gross-up adjustment is computed as follows: Grossed-up interest = Net interest 1 - Withholding tax rate In contrast to a net loan, a gross loan is a loan in which there is no contractual agreement between the borrower and the foreign lender to pay taxes imposed by the borrower’s country. With a gross loan, the Brazilian borrower deducts withholding taxes that are due from the interest specified under the loan contract and pays the lender the gross interest net of taxes. From 1970 through 1986, net loans generally were the predominant type of loan extended by foreign lenders to borrowers in Brazil. With a net loan, the foreign lender shifts the risk of any increase in taxes imposed by the borrower’s country to the borrower. Correspondingly, in a net loan, the borrower, not the foreign lender, benefits from any reduction in or waiver of taxes imposed by the borrower’s country. E. Institution of the Subsidy/Pecuniary Benefit Under Decree-law 1,215, enacted May 4, 1972, the Brazilian Minister of Finance was given discretion to grant a reimbursement or reduction of, or exemption from, the withholding tax on interest provided: (1) The borrower’s costs were reduced; (2) the loan was of national interest; (3) the loan met the minimum repayment termPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011