Brazil issues further guidance on interest

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


Brazil issues further guidance on interest

On August 2 2013, the Brazilian Ministry of Finance issued ordinance 427/2013, which finally provides the interest rate spread that was mentioned, but not specified, in Law 12.766/2012.

Law 12.766, issued on December 28 2012, provided significant changes to Brazilian transfer pricing rules for interest bearing transactions. The calculation of the maximum amount of deductible expenses and minimal revenue arising from interest subject to transfer pricing regulations should observe the following:

· In case of transactions in US dollars (USD) at a fixed rate, the parameter rate is the market rate of the sovereign bonds issued by the Brazilian government on the external market, indexed in USD;

· In case of transactions in Brazilian real (BRL) at a fixed rate, the parameter rate is the market rate of the sovereign bonds issued by the Brazilian government on the external market, indexed in BRL;

· In case of transactions concluded abroad in BRL at a floating rate, the Ministry of Finance will determine the parameter rate; and for all other cases, the parameter rate is the London Interbank Offered Rate (LIBOR).

The subsequent obtained parameter rate can still be increased by an annual spread to be established by the Ministry of Finance based on a market average. Ordinance 427/2013 now provides the annual spread depending on the Brazilian taxpayer’s position on the loan.

· Brazilian entity as the borrower – Starting on January 1 2013, the (statutory) spread should be no more than to 3.5%.

· Brazilian entity as the lender – From January 1 2013 to August 1 2013, no interest rate spread is required on the transaction. Starting on August 2 2013, the spread is required to be no less than 2.5%.



Werner Stuffer, Partner, werner.stuffer@br.ey.com, Tel. +55 11 2573 3902

Gary Peters, Manager, gary.peters@br.ey.com; Tel. + 55 11 2573 5300

more across site & shared bottom lb ros

More from across our site

Around 450 client-facing roles are due to be axed next week, it has been reported
The OECD may be making a mistake if a 2029 review is intended to outlast Trump in the hope of more favourable treatment from the US Democrats
Nexdigm has invested in Singapore-based infer360, a TP intelligence product designed by ex-PwC partners
Awards
ITR is delighted to reveal all the shortlisted nominees for the 2026 Americas Tax Awards
Despite initial hopes that the reporting obligation had been suspended, compliance challenges brought by Brazil’s indirect tax reform are very much a reality
As tax authorities embrace AI and governments weigh pillar two reforms, Latin America is developing a more connected and internationally focused tax agenda
Advisers with pre-existing corporation tax or self-assessment accounts must now register or risk enforcement action from HMRC
India's tax authorities are increasingly scrutinising the rationale behind cross-border structures
Sharmila Sanmugam's move from industry to WTS UK offers an early glimpse into how the fledgling firm hopes to compete with larger rivals
Historical claims involving KPMG Australia's tax practice have surfaced as the firm battles a separate parliamentary inquiry into its handling of whistleblowers
Gift this article