Spanish Tax Authority Holds Brazilian Interest on Equity (JCP) to be treated as Interest under Tax Treaty and Eligible for 20% Sparing Credit

The Spanish Ministry of Finance and Public Administration recently published two tax consultations from the General Directorate of Taxes (DGT) related to whether Brazilian interest on equity capital (juros sobre o capital proprio - JCP) received by Spanish residents should be treated as interest or dividends under the 1974 income tax treaty between the two countries. According to the consultations, the income is to be treated for the purpose of the treaty based on its treatment in the source …