Brazil: Payments for trademark use to French entity subject to withholding tax

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: Payments for trademark use to French entity subject to withholding tax

Sponsored by

sponsored-firms-pwc.png
wood-copyright 320 x 215

The Federal Brazilian tax authority (RFB) has confirmed that payments for the right to use trademarks and know-how to a French entity should be subject to income withholding tax and CIDE.



The RFB published Solução de Consulta – Cosit 180/2018 (dated September 28 2018) on October 2 2018, confirming that remittances abroad in relation to the right to use a trademark and know-how should be classified within the meaning of Article 12 of the double tax agreement between Brazil and France (DTA). As such, this transaction would be subject to withholding tax at a rate of 15%. Further, the payment should be subject to the contribution for the intervention in the economic domain (CIDE) at a rate of 10%.

The opinion confirmed the RFB’s understanding of the operation of the application of the DTA in relation to royalty payments on the right to use the trademark and know-how. More specifically, such remittances should be subject to an income withholding tax rate of 15% under the ‘catch all’ paragraph of Article 12(2)(c), the RFB stated. Similarly, the decision confirmed the application of the CIDE rules on the remittances of such royalties abroad.

While a Solução de Consulta does not represent law or a legal precedent, it does provide further support and guidance for Brazilian entities in relation to how the RFB are treating these types of remittances.



giacobbo.jpg
Conomy

Fernando Giacobbo

Mark Conomy

Fernando Giacobbo (fernando.giacobbo@pwc.com) and Mark Conomy (conomy.mark@pwc.com)

PwC

Website: www.pwc.com.br

more across site & shared bottom lb ros

More from across our site

The big four firm allegedly reviewed backdated documents and signed off on accounts that removed hundreds of millions of dollars of Abramovich’s assets
New Tier 1 entrants and an expanding cohort of established players indicate that law firms are becoming increasingly credible challengers in Europe's TP market
Awards
Leading firms and individuals gathered in Dubai to celebrate standout legal, dealmaking and tax work across the region
Tax authorities want more revenue, have better tools to find it and are increasingly willing to fight for it
Audifina, the sixth-largest firm of its kind in Lithuania, will bring a 90-strong team with offices in Vilnius and Kaunas to RSM’s international platform
As global capability centres use AI to deliver services, MNEs face a fresh wave of PE and TP exposure that their existing playbooks weren't built for
The deal for Comtax hands Ryan immediate scale in Brazil, with a near-70-strong team serving clients from São Paulo
The arrivals of Julio Castro and Adam Blakemore mean the firm has added six tax partners to its global practice since the start of 2025
Tax authorities have gained unprecedented transparency through CbCR, but a new study suggests they may not be looking in the right places
The future chief tax officer will be judged not only on compliance, but on their ability to harness data, technology and AI to support strategic decision-making
Gift this article