income_flow;brazil_domestic_rate;domestic_legal_basis;treaty_rate;treaty_article;band_condition;which_prevails;cide_10pct;iof_fx;documents;notes
Dividends;10% (flat, no threshold for the beneficiary abroad);Law 9.249/1995 art. 10 §4 (inserted by Law 15.270/2025 art. 3) — effects from 01/01/2026 under Law 15.270/2025 art. 8. Until 31/12/2025 dividends remitted abroad were EXEMPT from withholding tax.;Ceiling of 15%;Art. 10;Single ceiling. The verified Portuguese source states NO qualified band — this treaty has no minimum-participation rule and no holding-period condition. Nothing on this point may be imported from another treaty matrix.;DOMESTIC 10%. A ceiling is an upper limit and a limit of 15% does not prevent a charge of 10%, so the effective withholding is 10% with or without the treaty and the saving generated by the treaty is zero. Outside the charge: profits earned through 2025 whose distribution was approved by 31/12/2025 — the marker is the approval date. On the Spanish side Art. 23.3 provides an EXEMPTION, and an exemption generates no credit, so the 10% withheld in Brazil tends to become a definitive group cost.;Not reached — the CIDE scope described in the verified source is Law 10.168/2000 art. 2 (royalties on any account) and art. 2 §2 (technical services and administrative assistance and similar), and this flow is not among them.;GAP — the verified source does not fix a percentage and instructs confirming the rate in force at the settlement date. The underlying domestic dataset records a documented band of 0.38% (base, art. 15-B of Decree 6.306/2007) to 3.5% (item XXIV) as unresolved, with ADC 96/STF and Legislative Decree 176/2025 pending.;Spanish tax-residence certificate mentioning the Brazil-Spain convention · corporate act approving the distribution, with its date.;Key point of the desk: since 01/01/2026 the Spanish shareholder moves from exempt to 10% and the treaty does not neutralise it. Worked example — gross R$ 10,000,000 · ceiling of Art. 10 at 15% = R$ 1,500,000 · withholding actually charged at 10% = R$ 1,000,000 · net remitted R$ 9,000,000 · treaty saving R$ 0.
Interest (loans and credits in general);15% (tax haven 25%);RIR/2018 art. 744 caput (Law 3.470/1958 art. 77 · Law 9.249/1995 art. 28). The verified Portuguese source itself says only to confirm the classification of the flow.;Ceiling of 15%, or 10% on long-term credit;Art. 11;GAP — the verified source does NOT define long-term credit and does not state the term or the qualification of the beneficiary that opens the 10% band. No bank-lender condition, no five-year term and no most-favoured-nation clause is sustained for this treaty.;General case: DOMESTIC 15% equals the treaty ceiling of 15%, so the withholding is 15%. In the 10% band the treaty ceiling would be lower than the domestic rate and would prevail, but the condition that opens the band is not settled by the source read and has to be checked in the promulgated text.;Not reached — the CIDE scope described in the verified source covers royalties on any account and technical services and administrative assistance, not interest.;GAP — see the IOF note on dividends. Percentage not fixed by the verified source.;Residence certificate · contract stating term, purpose and remuneration · evidence of beneficial ownership.;No 0% band for government interest and no most-favoured-nation floor is sustained by the verified source for the Brazil-Spain treaty. Do not import either from another treaty matrix.
Interest on net equity (JCP);15% (tax haven 25%);RIR/2018 (Decree 9.580/2018) art. 726 (Law 9.249/1995 art. 9 §2).;Not settled by the treaty text read — no ceiling percentage. What the verified source records is elimination of double taxation under Art. 23(1) and (2) with a matching credit of 20%.;Art. 11(5), by mutual agreement under Art. 25(3) — letters between the competent authorities of 25/11/2025 and 12/03/2026 · Exchange of Notes of 08/05/2026 · note of the Ministerio de Hacienda of 13/05/2026.;Not settled by the treaty text read. The qualification changed in 2026: Spanish courts had treated JCP as a dividend (Audiencia Nacional 27/02/2014 appeal 232/2011 · Tribunal Supremo 16/03/2016 appeal 1130/2014 and 15/12/2016 appeal 3949/2015 · Audiencia Nacional 22/05/2025 appeal 222/2023), while the DGT held the opposite thesis in rulings V2960-16 and V2962-16. The Tribunal Supremo declined to admit an appeal on 24/06/2026.;The structural advantage is not in the rate but at destination: a matching credit of 20% under Art. 23.2 instead of the creditless exemption of Art. 23.3, and the payment is deductible at the Brazilian payer. Compared with a dividend, the arithmetic depends on the Spanish tax load in the concrete case.;Not reached — outside the CIDE scope described in the verified source.;GAP — see the IOF note on dividends. Percentage not fixed by the verified source.;Minutes of the resolution · calculation memorandum for the JCP base · documentation of the credit on the Spanish side.;RETROACTIVITY REMAINS OPEN — neither the mutual agreement nor the acts that formalised it settled its reach over earlier tax years unequivocally. The verified source does not state that the mutual agreement was published in the BOE and does not mention the AEAT — the only vehicles it records are the ones listed in the treaty_article column.
Royalties — copyright;15% (tax haven 25%);RIR/2018 art. 767 (MP 2.159-70/2001 art. 3).;Ceiling of 10%;Art. 12;Copyright band of Art. 12 as recorded by the verified source. The treaty separates copyright royalties from all other rights.;TREATY 10%. The ceiling is below the domestic rate of 15%, so the withholding is limited to 10%. On the Spanish side Art. 23.2 grants a matching credit, deeming the tax on interest and royalties always paid at the rates of 20% and 25%.;YES — CIDE 10% (Law 10.168/2000 art. 2, royalties on any account · rate in art. 2 §4). CIDE is autonomous and is NOT capped by the treaty, which reaches taxes on income only. Exception: a licence to use or distribute software WITHOUT transfer of technology does not suffer CIDE (art. 2 §1-A).;GAP — see the IOF note on dividends. Percentage not fixed by the verified source.;Residence certificate · licence agreement · recording of the contract where applicable.;The matching credit of Art. 23.2 can leave credit above the tax actually borne — five percentage points where Brazil withholds 15% and the Spanish side credits 20%.
Royalties — trademarks, patents and other rights;15% (tax haven 25%);RIR/2018 art. 767 (MP 2.159-70/2001 art. 3).;Ceiling of 15%;Art. 12;Band for trademarks, patents and the remaining rights. The verified source does NOT split software, know-how or equipment rental into bands of their own — everything that is not copyright sits in this line at 15%.;Ceiling equal to the domestic rate: the withholding is 15% either way. The matching credit of Art. 23.2 applies on the Spanish side.;YES — CIDE 10% (Law 10.168/2000 art. 2 · rate in art. 2 §4). Autonomous levy, not capped by the treaty.;GAP — see the IOF note on dividends. Percentage not fixed by the verified source.;Residence certificate · licence agreement · recording of the contract where applicable · precise description of the licensed right.;Do NOT import a 10% ceiling for software, know-how or equipment rental from another treaty matrix — the verified source does not sustain one for the Brazil-Spain treaty.
Technical services and technical assistance;15% withholding tax, plus CIDE 10%, PIS/COFINS on imports 9.25% and ISS 2% to 5%;RIR/2018 art. 765 (Decree-Law 1.418/1975 art. 6 · Law 9.249/1995 art. 28 · Law 10.168/2000 art. 2-A · MP 2.159-70/2001 art. 3). CIDE: Law 10.168/2000 art. 2 §2, inserted by Law 10.332/2001, rate in art. 2 §4.;Ceiling of 15%;Art. 12, by force of item 5 of the Protocol;Item 5 of the 1974 Protocol establishes that the expression on information concerning experience acquired in the industrial, commercial or scientific field comprises income arising from the rendering of technical services and technical assistance. The payment is therefore a royalty by treaty definition — with no inquiry into transfer of technology (STJ, REsp 1.759.081/SP, Second Panel, 15/12/2020, rapporteur Justice Mauro Campbell Marques). THIS TREATY HAS NO TECHNICAL-SERVICES ARTICLE OF ITS OWN.;Ceiling equal to the domestic rate: the withholding is 15%. Only the income tax is capped by the treaty — CIDE, PIS/COFINS on imports and ISS sit entirely outside it. Combined load on the gross amount: 36.25% to 39.25%.;YES — CIDE 10% (Law 10.168/2000 art. 2 §2, technical services and administrative assistance and similar, inserted by Law 10.332/2001 · rate in art. 2 §4). Autonomous levy: the Art. 12 ceiling does not reach it and the Art. 23.2 matching credit does not recover it.;GAP — see the IOF note on dividends. Also out of scope: PIS/COFINS on imports and ISS have no legal basis with a law number in the sources read (declared gap) — only the rates of 9.25% and 2% to 5% are sustained.;Contract · residence certificate · description of the service in both the contract and the invoice.;Worked example on R$ 1,000,000 — withholding tax 15% = R$ 150,000 · CIDE 10% = R$ 100,000 · PIS/COFINS on imports 9.25% = R$ 92,500 · ISS 2% to 5% = R$ 20,000 to R$ 50,000 · total 36.25% to 39.25% = R$ 362,500 to R$ 392,500. Computed on the gross contracted amount, without gross-up.
Management fees (administrative assistance and intragroup managerial services);15%;RIR/2018 art. 765 (same grounds as technical services).;Not settled by the treaty text read — the verified source does not separate management fees into a band of their own.;Not settled by the treaty text read.;Not settled by the treaty text read. The classification has to be tested against item 5 of the Protocol (technical services and technical assistance) and, failing that, against Art. 14 by force of item 6, following the order of ADI RFB 5/2014.;Not settled by the treaty text read. The Brazilian domestic column is usable because it does not depend on the treaty counterpart country.;YES — CIDE 10% (Law 10.168/2000 art. 2 §2, administrative assistance and similar · rate in art. 2 §4).;GAP — see the IOF note on dividends. Percentage not fixed by the verified source.;Contract · residence certificate · description of the service in both the contract and the invoice · arm-s-length support where the counterparty is a related party.;Do NOT import a 10% ceiling for management fees from another treaty matrix. Transfer pricing affects the DEDUCTIBLE BASE (Law 14.596/2023), not the withholding rate — two independent controls over the same contract.
Equipment rental;15%. Special case: freight, charter and rental of foreign vessels and aircraft at 0%;RIR/2018 art. 744 caput (15% general). Vessels and aircraft: RIR art. 755, I and Law 9.481/1997 art. 1, I, conditioned on approval by the authorities.;Not settled by the treaty text read — the verified source does not treat equipment rental as a royalty band.;Not settled by the treaty text read.;Not settled by the treaty text read.;Not settled by the treaty text read. The Brazilian domestic column is usable because it does not depend on the treaty counterpart country.;Not reached on a pure equipment rental under the CIDE scope described in the verified source — unless the contract configures transfer of technology or technical assistance.;GAP — see the IOF note on dividends. Percentage not fixed by the verified source.;Residence certificate · rental agreement describing the equipment · for vessels and aircraft, evidence of the approval that conditions the 0% rate.;Do NOT import the 10% equipment-rental ceiling of another treaty matrix. The Brazil-Spain source does not place equipment rental in a royalty band.
Independent personal services (including when carried out by a company);Not settled by the verified Portuguese source — it says only to confirm the classification of the flow.;Not settled by the verified Portuguese source.;Rule of Art. 14 — no percentage stated by the verified source.;Art. 14, by force of item 6 of the Protocol;Item 6 of the Protocol establishes that Art. 14 applies even where the activities are carried out by a company. In most Brazilian treaties Art. 14 reaches individuals and contracting through a legal entity escapes it — under the Spanish treaty the providing company does not escape it.;Not settled by the treaty text read as to rate. This is the SECOND step of the ADI RFB 5/2014 cascade: Art. 12 first, Art. 14 next, Art. 7 last.;Not settled by the treaty text read for this flow.;GAP — see the IOF note on dividends. Percentage not fixed by the verified source.;Contract · evidence of the nature of the activity and of who materially performs it.;Together with item 5, item 6 is what empties the Art. 7 step on the Spanish route.
Business profits;Residual step, almost always displaced by items 5 and 6 of the Protocol.;Not settled by the verified Portuguese source as a separate domestic rate — the flow is qualified before it is rated.;No ceiling — taxation only in the State of residence, unless there is a permanent establishment.;Art. 7;Third and last step of the ADI RFB 5/2014 cascade. On the Spanish route, reaching Art. 7 is the exception and has to be justified in writing.;The treaty allocates the taxing right to the State of residence unless there is a permanent establishment, but items 5 and 6 of the Protocol mean the payment rarely reaches this article.;Not applicable — the flow is qualified before it is rated.;GAP — see the IOF note on dividends. Percentage not fixed by the verified source.;Evidence of the absence of a permanent establishment in Brazil.;The STJ censured precisely the application of Art. 7 by the TRF3 without examining Arts. 12 and 14 of the convention in REsp 1.759.081/SP. Skipping the first two steps of the cascade is a defect of reasoning before it is an error on the merits.
Capital gains (disposal of assets or rights in Brazil by a non-resident);Progressive — 15% up to R$ 5,000,000 · 17.5% from R$ 5m to R$ 10m · 20% from R$ 10m to R$ 30m · 22.5% above R$ 30m;RIR/2018 art. 745 with art. 153, II (Law 8.981/1995 art. 21 · Law 13.259/2016 art. 2). Withholding by the resident acquirer or by the attorney-in-fact of the non-resident acquirer (art. 745 §3).;Treaty position not covered by the verified source.;Treaty position not covered by the verified source — the analysis does not identify or cite a capital-gains article of the Brazil-Spain treaty.;Treaty position not covered by the verified source.;Treaty position not covered by the verified source. The Brazilian domestic column may be used because it does not depend on the treaty counterpart country. Nothing may be imported from another treaty matrix on this line.;Not applicable.;GAP — see the IOF note on dividends. Percentage not fixed by the verified source.;Deed or instrument of the disposal · calculation memorandum of the gain · evidence of the acquisition cost · residence certificate of the non-resident seller.;ONLY row with the treaty column entirely unfilled. Do NOT promote it to fact and do NOT fill it by analogy. The Brazilian domestic column is fully verified in the domestic dataset.