Spanish High Court confirms treaty exemption under Brazil-Spain Tax Treaty

The High Court of Justice of Catalonia confirmed that dividends received by a Spanish tax resident individual from a Brazilian company are entitled to a full tax exemption as set forth by the Brazil-Spain Double Tax Treaty.

The impact of this judgment for corporate taxpayers must also be considered, especially the possibility to claim that dividends received from Brazilian subsidiaries should not be affected by the limitations that apply to the domestic participation exemption.