- 13 - period of about 16 or 18 months during which funds could be re- lent to other Brazilian persons and companies (the re-lending period). Originally, the re-lending period was to end on June 30, 1985, but it was extended to March or April 1986. On or about December 28, 1982, the head of the Central Bank’s Department of Foreign Capital Fiscalization and Registration (FIRCE) submitted a “consulta” or ruling request to the BRS. FIRCE sought a ruling regarding the Central Bank’s obligation to pay withholding taxes on interest paid on the restructuring loans and its right to the attendant subsidy/pecuniary benefit. In reviewing the ruling request, the BRS formulated a theory that the Central Bank was required to pay withholding tax on its restructuring debt interest remittances during the re-lending periods because, until the expiration of the applicable re-lending period, the loan funds were not irrevocably committed to the Central Bank, and it, therefore, had to pay withholding tax on behalf of future, unidentified “borrowers-to-be” (the borrowers-to-be theory). The BRS incorporated this borrowers-to-be theory into its draft ruling, which ultimately became the final version of the ruling the BRS issued to the Central Bank in March 1984. By letter dated March 14, 1984, the Brazilian Finance Minister forwarded the ruling by the BRS and his decision on the ruling to the Central Bank’s president.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011