Dutch Court Holds Brazilian Interest on Net Equity Should be Classified as Dividends

The Dutch District Court of Zeeland-West Brabant has issued a decision on the treatment of Brazilian interest on net equity (juros sobre o capital próprio - JCP) under the 1990 Brazil-Netherlands tax treaty. The case concerns a Dutch taxpayer that owned 99.97% of the shares in a Brazilian company. In 2018, the taxpayer received JCP payments from the company, which the tax authority classified as interest, and granted a tax credit of 20% based on Article 23(4)(b) of the 1990 tax treaty. The t…