Art. 2(4) of the Model Conventions

Function, Application and the Brazilian Policy

Authors

DOI:

https://doi.org/10.46801/2595-6280-rdta-39-9

Keywords:

International Tax Law, taxes covered, substantial similarity test, Brazilian policy

Abstract

The present study aims to examine the test of substantial similarity’s function and application, which is established by art. 2(4) of the Model Conventions. Based on this analysis, the Brazilian policy regarding art. 2 of the Double Taxation Conventions will be investigated, in order to verify the features and relevance of art. 2(4) in Brazilian tax treaties. Then, it will be set aside three problems that part of the Brazilian doctrine and case law identifies when applying the substantial similarity test, which are the following: (i) the limitation of the substantive scope of these treaties to impostos; (ii) the earmarked aspect to compare taxes; and (iii) the use of art. 4º of the Brazilian Tax Code as internal rule that establishes parameters for the substantial similarity test.

Author Biography

Guilherme Galdino

Bacharel em Direito pela Universidade de São Paulo. Advogado em São Paulo.

Published

2021-12-28

How to Cite

Galdino, G. (2021). Art. 2(4) of the Model Conventions: Function, Application and the Brazilian Policy. Revista Direito Tributário Atual, (39), 163–200. https://doi.org/10.46801/2595-6280-rdta-39-9

Issue

Section

Doutrina Nacional (Double Peer Reviewed)