Riggs National Corporation & Subsidiaries, f.k.a. Riggs National Bank and Subsidiaries - Page 15

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                    (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, for                       





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Last modified: May 25, 2011