Global

Details

  • Service: Tax, Global Compliance Management Services, International Tax
  • Type: Regulatory update
  • Date: 9/3/2013

Brazil - Calculating deduction of interest on net equity payments 

September 3: Tax authorities in Brazil issued guidance—Solução de Consulta 103/2013—addressing how companies are to calculate the amount of the deduction available for payments of interest on net equity.

Background

In general, certain payments may be treated as a deemed repatriation of funds from Brazil—i.e., payments of dividends or payments of interest on net equity.


Concerning payments of interest on net equity, the expense related to such payments may be deductible for corporate income tax purposes as long as the limitations imposed under Brazil’s federal law 9,249/95 are observed.

Reason for guidance

The calculation of interest on net equity is based on the company’s net equity.


Previously, it was uncertain as to whether the interest on net equity would be calculated based on the company’s net equity under new Brazilian GAAP (BRGAAP) as aligned with IFRS, or under old BRGAAP.


The Brazilian accounting rules were aligned with IFRS in 2008 (i.e., new BRGAAP). Due to this change, companies could find that the amount of net equity calculated under new BRGAAP could be an amount higher (or lower) than the amount of net equity calculated under old BRGAAP.

Clarifying guidance

Earlier in 2013, Brazil’s tax authorities issued a normative opinion, providing that dividends are calculated by considering the profits generated in accordance with old BRGAAP.


The recent guidance—Solução de Consulta 103/2013—issued by Brazil’s tax authorities also provides that the calculation of interest on net equity is determined under old BRGAAP.


Therefore, “net equity” used as reference for the calculation of the amount of interest on net equity must be defined under the accounting rules that were in effect as of 31 December 2007 (i.e., before the introduction of new BRGAAP).

KPMG observation

Tax professionals in Brazil have observed that the recent guidance may be viewed by some as controversial.


In any event, companies need to evaluate their past and current policies regarding interest on net equity payments, and identify possible tax exposure and alternatives to allow them to consider and address potential adverse tax consequences.


Read an August 2013 report prepared by the KPMG member firm in Brazil: Tax News: New guidance from Brazilian Tax Authorities regarding Interest on Net Equity (INE) calculation




©2014 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative ("KPMG International"), a Swiss entity. All rights reserved.


The KPMG logo and name are trademarks of KPMG International.


KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever.


The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.


Direct comments, including requests for subscriptions, to us-kpmgwnt@kpmg.com.
For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at:

+ 1 202 533 4366

1801 K Street NW
Washington, DC 20006.

 

Share this

Share this

Subscribe

Subscribe to receive the latest TaxNewsFlash email alerts (you must select the option for TaxNewsFlash)


Already a Subscriber? Login


Not a member? Subscribe now