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

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: 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 & shared bottom lb ros

More from across our site

HMRC expects advisers to meet ever-higher compliance criteria. After 24 consecutive qualified audit opinions, many will ask whether HMRC should hold itself to the same standards
The purchase of Marosa represents the second major tax tech consolidation this week, raising questions of a broader industry trend
Peru’s approach to TP is increasingly at odds with OECD-style profitability policies, exposing multinational groups to asymmetric tax adjustments
Hany Elnaggar examines how the region's legacy economic substance regimes and the OECD's pillar two framework are converging on the same underlying test
The deals for TP Accurate and Intra Pricing Solutions will enhance Alphatax’s ability to support clients with the full TP lifecycle, the tax tech provider claimed
The DS Advocates partner discusses career reinvention, tax disputes and why advisory and litigation experience should complement one another
Lindsay Clayton’s arrival at Baker McKenzie continues the firm’s storied pursuit of ex-US government lawyers, a strategy reinforced by robust World Tax rankings
Shared transaction semantics, governed data and reusable ERP design may prove the most significant benefits of the UK's move to Peppol
As pillar two reshapes global tax competition, the UK faces a crucial challenge: how to remain attractive to multinationals without sacrificing tax revenues
Pillar two may be raising less than expected, but professor René Matteotti says the regime is still changing multinational tax behaviour
Gift this article