International Tax Review is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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

Brazil: Amendments to protocol to Brazil and Argentina tax treaty enacted

Sponsored by

sponsored-firms-pwc.png
New modifications only impact reporting duties

On 28 August 2018, Decree 9.482 was published, enacting amendments to the protocol to the convention between Brazil and Argentina.

On 28 August 2018, Decree 9.482 was published, enacting amendments to the protocol to the convention between Brazil and Argentina to avoid double taxation and prevent tax evasion (DTA) signed on July 21 2017.

In addition to the country-specific changes, the amendments reflect the trend in Brazilian treaties toward the inclusion of the OECD BEPS Action Plan, particularly relating to inserting a preamble and introducing a limitation on benefits clause.

Some of the key aspects addressed in the amendment are:

  • Inclusion of a BEPS-style preamble to guide the way in which the DTA should be interpreted;

  • Expansion of the scope of taxes covered to comprise taxes on capital as well as income;

  • Certain amendments and clarifications to the definition of permanent establishment, including:

  • Express exclusion of situations involving a fixed installation for the sole purpose of developing an auxiliary and preparatory activity;

  • Express inclusion of the concept of a service entity's permanent establishment.

  • Inclusion of a limitation of benefits (LoB) clause, providing that benefits are not granted in situations where, based on all of the relevant facts and circumstances, obtaining this benefit constituted one of the principal objectives of the resulting operation, unless granting the benefit would be in accordance with the objective and purpose of the provisions. The LoB also includes an anti-conduit clause to further reduce the potential for abusive treaty-shopping practices;

  • Inclusion of express withholding tax rate limits for dividends, interest, and royalties;

  • Removal of the previous exemptions, including relating to dividends received in Brazil from Argentina, and the application of a blanket tax credit system in relation to income and capital previously subject to tax in the other country; and

  • Amendment of the existing protocol concerning technical services and assistance within the royalty article, including a broad definition and clarifying how the new withholding tax limitations within the royalty article should be applied in the context of income generated from the use or license of software or rendering of technical services or assistance.

For the amendments to enter into force, Brazil and Argentina must notify each other that the local procedures to enact the amendments have been completed. In the case of Argentina, Congress must approve. Following the exchange of notifications, the amendments will enter into force 30 days after the date of the final notification and will be generally effective as of January 1 of the subsequent calendar year or tax years beginning on or after this date, where applicable.

more across site & bottom lb ros

More from across our site

The European Commission wanted to make an example of US companies like Apple, but its crusade against ‘sweetheart’ tax rulings may be derailed at the CJEU.
The OECD has announced that a TP training programme is about to conclude in West Africa, a region that has been plagued by mispricing activities for a number of years.
Richard Murphy and Andrew Baker make the case for tax transparency as a public good and how key principles should lead to a better tax system.
‘Go on leave, effective immediately’, PwC has told nine partners in the latest development in the firm’s ongoing tax scandal.
The forum heard that VAT professionals are struggling under new pressures to validate transactions and catch fraud, responsibilities that they say should lie with governments.
The working paper suggested a new framework for boosting effective carbon rates and reducing the inconsistency of climate policy.
UAE firm Virtuzone launches ‘TaxGPT’, claiming it is the first AI-powered tax tool, while the Australian police faces claims of a conflict of interest over its PwC audit contract.
The US technology company is defending its past Irish tax arrangements at the CJEU in a final showdown that could have major political repercussions.
ITR’s Indirect Tax Forum heard that Italy’s VAT investigation into Meta has the potential to set new and expensive tax principles that would likely be adopted around the world
Police are now investigating the leak of confidential tax information by a former PwC partner at the request of the Australian government.