- 15 - (d) it is possible to establish another period for the payment of the tax, as from the date of remittance of the interest to the foreign lenders, because of the complex calculation of the interest and consequently of the tax itself; (e) it is possible, in space 31 of the DARF, to indicate “Brazilian Financing Plan” as a reference, given the absence of a Certificate of Registration for these transactions; (f) in the event that the income tax is paid late: (f)(1) whether the Bank will nevertheless be entitled to the above-mentioned pecuniary benefit; (f)(2) whether it would be possible to waive the monetary correction, delinquent interest and penalty. (3) Interest received by individuals or legal entities, resident or domiciled abroad, from individuals or entities resident or domiciled in Brazil, or received from a permanent establishment located in Brazil, owned by individuals or legal entities resident or domiciled abroad, is subject to withholding tax at the rate of 25%, as provided for * * * [by law]. The contributor * * * of this tax is an individual or legal entity, resident or domiciled abroad, which has the legal availability of the interest. Said tax must be withheld at the time of payment or credit by the interest paying source bearing in mind that the contributor * * * individual or legal entity, resident or domiciled abroad--does not file an income tax return in Brazil. Said tax must be withheld even if the paying source is a legal entity of public law with tax immunity, because this is not a tax on the entity of public law that has immunity but rather on parties resident or domiciled abroad. (4) It is obvious that, if the party resident or domiciled abroad, the interest creditor, is immune or exempt from this tax, on account of international treaty or domestic legislation, the tax should not be withheld. In the case of the interest paid by the Central Bank * * *, there is an atypical situation. * * * [The Central Bank] is a federal government agency (autarquia) responsible, among other duties, forPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011