Riggs National Corporation & Subsidiaries, f.k.a. Riggs National Bank and Subsidiaries - Page 10

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               If the 432 program loan was a gross loan, the Central Bank             
          would pay the withholding tax due on the interest payable to the            
          foreign lender during the period the funds were deposited in the            
          Central Bank.  If the 432 program loan was a net loan, the                  
          Central Bank would pay no withholding tax with respect to the               
          interest payable to the foreign lender.                                     
               Some foreign lenders sought to have the Central Bank pay               
          withholding tax and issue them DARFs with respect to the Central            
          Bank’s 432 loan program net loan interest remittances, as this              
          would enable these foreign lenders to claim potential foreign tax           
          credits.6  Their efforts were unsuccessful, however, because the            
          Central Bank (a tax-immune governmental entity) was not required            
          to pay the withholding tax.                                                 
               Decree-law 1,215, enacted May 4, 1972, gave the Brazilian              
          Minister of Finance discretion to grant a reimbursement or                  
          reduction of, or exemption from, the withholding tax on interest.           
          Decree-law 1,351, enacted on October 24, 1974, as amended by                
          Decree-law 1,411, enacted July 31, 1975, authorized the National            
          Monetary Council to (1) reduce the income tax on interest,                  
          commissions, and expenses remitted to persons resident or                   


               6Although, in the case of a net loan, the U.S. lender had to           
          pay U.S. income tax with respect to the additional interest                 
          income resulting from the gross-up, the lender would receive a              
          foreign tax credit equal to the additional interest income that             
          would reduce the lender’s U.S. income tax liability dollar for              
          dollar.                                                                     





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