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

In the first of a two-part series on capital v revenue in R&D, Jayne Stokes explores these key concepts and where UK companies need to tread carefully
Magnus Pantzar is set to join as managing director after spending nearly a decade as EQT’s global head of tax
The OECD’s project was up for debate as Matt Williams spoke to ITR following BDO’s tax strategist survey, which uncovered increased complexity and costs among multinationals
Sponsored by Deloitte
Sameer Nurmohamed, partner, Deloitte Legal Canada
Sponsored by Deloitte
George Ankomah, partner, Tax & Regulatory Services, Deloitte Africa (Ghana)
The recent spree of firm mergers and acquisitions proves that geographic scale is the name of the game
The big four spin-off firm becomes Taxand’s second UK member; in other news, Haynes Boone launched a UK tax practice
Sponsored by Deloitte Luxembourg
Jean-Michel Henry and Mona El-Begawi of Deloitte Luxembourg examine the complexities created by timing differences in Luxembourg, EU, and OECD tax regimes
Stephanie Pantelidaki’s economic expertise will give Norton Rose Fulbright’s other teams ‘extra firepower,’ she says
Sponsored by MFA Legal & Tech
Samuel Fernandes de Almeida of MFA Legal & Tech assesses whether Portugal’s 7.5% surcharge on non-residents aligns with the EU’s free movement of capital principle and passes the proportionality test
Gift this article