Riggs National Corporation & Subsidiaries, f.k.a. Riggs National Bank and Subsidiaries - Page 27

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               In Riggs IV, 295 F.3d at 22, the Court of Appeals stated:              
          “As we understand the Brazilian tax system, a borrower paid the             
          entire amount of interest owed on a foreign debt and then later             
          received a credit equal to the amount of the pecuniary benefit.             
          Such a system necessitates two separate and independent                     
          transactions.”                                                              
               With due respect, we wish to clarify that the Brazilian                
          borrower paid the withholding tax and simultaneously received the           
          pecuniary benefit before paying the interest to the foreign                 
          lender.  The Brazilian borrower paid the interest by purchasing             
          foreign currency at the official exchange rate by means of an               
          exchange contract with the exchange bank handling the payment of            
          the interest to the lender.  The borrower could not pay the                 
          interest without a copy of the DARF evidencing the payment of               
          withheld tax.  On each payment date, the borrower delivered a               
          copy of the DARF and the Certificate of Registration to the                 
          exchange bank.  The exchange bank then prepared an exchange                 
          contract that enabled the borrower to purchase foreign currency             
          to be paid to the foreign lender.  The exchange bank recorded the           
          amount of interest and tax on the Certificate of Registration and           
          submitted the certificate, along with the exchange contract and             
          DARF, to the Central Bank for approval.  Before approving the               
          payment of interest, the Central Bank would verify that the                 
          amount of the interest payment corresponded to the amount                   






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Last modified: May 25, 2011