A qualificação dos juros sobre o capital próprio nos acordos de bitributação celebrados pelo Brasil

Resumo

The Brazilian Interest on Equity (IOE) was conceived as a fiscal policy to encourage reinvestment in companies through equity. However, it can be characterized as interest per se or as dividends, both internally as in the double taxation treaties celebrated by Brazil. The correct interpretation of the international treaties, in accordance to article 31 of the Vienna Convention of 1969 and the OECD comments, leads to the characterization of IOE as dividends, in the treaties where there is no express provision the classification of this remuneration as interest. The effects of this asymmetry may give rise to the application of the rules set out in the Project Base Erosion and Profit Shifting, Action 2. However, in accordance to the principle of honoring the contract in good faith, the State shouldn’t apply such rules aiming to neutralize the effects of IOE. That being the case, the best interpretation leads to the attribution of IOE to the nature of dividends, which generates beneficial practical effects to the taxpayer and the Brazilian federal revenue: lesser tax burden, given that dividends are exempt of taxation in most of treaties celebrated by Brazil; predictability and legal certainty; preservation of the fiscal policies objectives forged in Law n. 9.249/1995; and the faithful compliance of the international treaties in the matter of taxing, in line with practices consolidated in the comments of OECD Model Convention.

Ficha do documento

Tipo

Outro

Ano

2019

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Não informado

Identificador

oai:repositorio.fgv.br:10438/29623

Temas

Finanças Públicas

Palavras-chave

Acordos de bitributaçãoJuros sobre capital próprioConvenção de VienaBEPSOCDEDouble taxation treatiesInterest on equityVienna ConventionDireitoJurosBitributaçãoDireito tributário