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 2025

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

Awards
Submit your nominations to this year's WIBL Americas Awards by January 23
Recent changes in UK tax rules and cross-border requirements are generating high demand for specialist advice, according to MHA
Hany Elnaggar examines how Gulf Cooperation Council countries are internalising transfer pricing norms within evolving fiscal systems shaped by both Islamic and international influences
Where a TP study of comparables produces an arm’s-length range, and the taxpayer’s filed position is outside that range, HMRC will adjust to the median by default
EY, KPMG, Deloitte, and PwC have all seen a decrease in public sector contracts since the scandal – it is understood
Consoli, a tax partner at Brazilian law firm Martinelli Advogados, tells ITR about the importance of staying at the coalface and constantly learning
Despite legislative gridlock, international investors should be wary of legal precedents set by recent court rulings, which could substantially alter the Spanish tax environment
The new outfit, Ashurst Perkins Coie, will bring together around 3,000 lawyers across 23 countries
As World Tax unveils its much-anticipated rankings for 2026, we highlight the two Brazilian firms that had a standout year of tier promotions
ITR understands that UK Chancellor Rachel Reeves will announce a consultation on the proposed financial reward scheme, which had left advisers fretting
Gift this article