Rafael Calvo In its rulings dated April 13 2011 and April 26 2012, the Central Economic Administrative Tribunal (Tribunal Económico-Administrativo Central or TEAC, belonging to the Ministry of Finance) concluded that, contrary to the view taken by the taxpayers, the juros sobre o capital próprio (JSCP) distributed by Brazilian subsidiaries should not qualify in Spain for the exemption granted to dividends and shares in income under the Spanish Corporate Income Tax Law. According to Brazilian Law, JSCP result from applying an interest rate over the equity of the company and are distributed to the shareholders out of the profits of the company and pro rata to their holdings in the capital.
June 30 2012