In Brazil, a Provisional Measure is an “act” issued by the president, with the authority of law until later approved by Congress. The Provisional Measure is effective as from its date of publication for 60 days, and it may be extended for an additional 60-day period (for a total of 120 days) on a request from Congress. If approved by the Brazilian legislature, MP 694/15 would be effective beginning 1 January 2016.
Brazilian companies currently can elect to pay or accrue interest on net equity (INE), resulting in deductible interest payments to the payor company. Under the current regime, INE is calculated by applying the daily pro rata variation of the government’s long-term interest rate (TJLP) on the payor company’s net equity (e.g., 7%). Furthermore, a withholding tax is assessed on the INE payment or accrual at a rate of 15%.
MP 694/15 would change the INE computation, applicable to payments made to both Brazilian residents and non-residents, as follows:
If the Brazilian legislature approves MP 694/15, the changes would be effective as of 1 January 2016.
The new rate of withholding tax could be reduced under the provisions of an applicable income tax treaty, subject to any limitations imposed by the treaty provisions.
The proposed changes to the INE calculations may affect multinational companies with investments in Brazil. Accordingly, in light of these potential changes, businesses with investments in Brazil need to consider what opportunities may be available.
For more information, contact a tax professional with KPMG’s Americas Center:
Devon Bodoh | +1 (202) 533-5681 | firstname.lastname@example.org
Alfonso A-Pallete | +1 (305) 913-2789 | email@example.com
Murilo Mello | +1 (305) 913-2781 | firstname.lastname@example.org
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