Brazil: Brazil issues new interpretative law on taxes covered under double tax treaties

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: Brazil issues new interpretative law on taxes covered under double tax treaties

Pereira-Alvaro
Gottberg-Ruben

Álvaro Pereira

Ruben Gottberg

According to the recently enacted Law 13.202/15, the social contribution on net income (CSLL, by its Portuguese acronym) falls under the scope of Brazilian double tax treaties (DTTs).

By way of background, the CSLL was introduced in the Brazilian legislation in 1989 as a contribution to finance social security, calculated upon the net accounting income after adjustments. Although it was formally conceived as a contribution, its calculation basis is quite similar to the one used by the Brazilian corporate income tax (IRPJ, by its Portuguese acronym).

With regard to tax treaty policy, the CSLL has been intermittently and randomly included in the DTTs signed by Brazil, resulting in different interpretations of the taxes covered by the treaties. In this regard, the Brazilian tax authorities and administrative courts have upheld different arguments to limit the application of the DTTs when the CSLL is not expressly mentioned, including: no express inclusion of the CSLL under DTTs signed after 1988; and no reference to 'contributions' in the scope of the DTTs, but rather to 'taxes'.

After a long dispute between taxpayers and tax authorities, the new Law 13.202/15 states that the scope of the DTTs should be interpreted as including CSLL. This change, which will apply retroactively, may have positive impacts mainly on Brazilian companies with outbound investments and activities. Such change is also applicable to treaties signed by Brazil in order to avoid double taxation on profits derived from international air and shipping transport.

Multinationals are encouraged to analyse how the inclusion of CSLL in the scope of DTTs will impact their specific structures.

Álvaro Pereira (alvaro.pereira@br.pwc.com) and Ruben Gottberg (ruben.gottberg@br.pwc.com)

PwC

Website: www.pwc.com.br

more across site & shared bottom lb ros

More from across our site

The US president has softened his stance on tariffs over Greenland; in other news, a partner from Osborne Clarke has won a High Court appeal against the Solicitors Regulation Authority
Emmanuel Manda tells ITR about early morning boxing, working on Zambia’s only refinery, and what makes tax cool
Hany Elnaggar examines how AI is reshaping tax administration across the Gulf Cooperation Council, transforming the taxpayer experience from periodic reporting to continuous compliance
The APA resolution signals opportunities for multinationals and will pacify investor concerns, local experts told ITR
Businesses that adopt a proactive strategy and work closely with their advisers will be in the greatest position to transform HMRC’s relief scheme into real support for growth
The ATO and other authorities have been clamping down on companies that have failed to pay their tax
The flagship 2025 tax legislation has sprawling implications for multinationals, including changes to GILTI and foreign-derived intangible income. Barry Herzog of HSF Kramer assesses the impact
Hani Ashkar, after more than 12 years leading PwC in the region, is set to be replaced by Laura Hinton
With the three-year anniversary of the PwC tax scandal approaching, it’s time to take stock of how tax agent regulation looks today
Rolling out the global minimum tax has increased complexity, according to Baker McKenzie; in other news, Donald Trump has announced a 25% tariff on countries doing business with Iran
Gift this article