DECREE NO. 6,761, OF February 5, 2009.

Dislays on the application of the zero reduction of the aliquot of the income tax incident on the income of beneficiaries residing or domiciled abroad, and gives other arrangements.

The PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso IV, of the Constitution, and with a view to the provisions of the art. 1^o of Law n^o 9,481, of August 13, 1997, in art. 20 of Law n^o 9,532, of December 10, 1997, in the arts. 8^o and 16 of the Law n^o 9,779, of January 19, 1999, in art. 8^o of Law n^o 11,488, of June 15, 2007, in art. 22 of Law n^o 11,727, of June 23, 2008, and in art. 9^o of Law n^o 11,774, of September 17, 2008,

DECRETA:

Art. 1^o It gets reduced to zero the aliquot of the income tax incident on the paid values, credited, delivered, employed, or remitted to residents or domiciled abroad, concerning:

I-expenditures with market research, as well as rentals and leases of estandes and places for exhibitions, fairs and conclaves alike, abroad, inclusive promotion and advertisement in the framework of these events, for Brazilian products and services and for promotion of Brazilian tourist destinations (Law n^o 9,481, of August 13, 1997, art. 1^o, III, and Law n^o 11,774, of September 17, 2008, art. 9^o);

II-contracting of services intended for the promotion of Brazil abroad, by organs of the Federal Executive Power (Law No. 9,481, of 1997, art. 1º, III, and Law No. 11,774, of 2008, art. 9º);

III-commissions paid by exporters to their agents abroad (Law No. 9,481, of 1997, art. 1º, II);

IV-expenses for the storage, handling and transport of cargo and emission of documents carried out abroad (Law n^o 9,481, from 1997, art. 1^o, XII, Law No. 11,774, of 2008, art. 9º);

V-risk cover operations of variations, in the international market, of fees of interest, of parity between currencies and merchandise prices (hedge) (Law n^o 9,481, of 1997, art. 1^o, IV);

VI-interest on discount, abroad, of export currency and the commissions of bankers inherent in such currency exchange (Law n^o 9,481, of 1997, art. 1^o, X); and

VII-interest and commissions relating to credits earned abroad and intended for the financing of exports (Law n^o 9,481, of 1997, art. 1^o, XI).

§ 1^o For the purposes of the provisions of the inciso I of the caput, consider to be expenses with promotion of Brazilian products, services and tourist destinations those arising from participation, abroad, in exhibitions, fairs and similar conclaves.

§ 2^o Considerate services for the promotion of Brazil abroad, in the inciso II hypothesis of the caput, those regarding the consultancy and execution of communication, press and public relations advice.

§ 3^o For the purposes of the provisions of the inciso IV of the caput, it is also considered to be worth expended by the Brazilian exporter the paid, credited, delivered, employed or referred to the outside by logistic operator who attests on behalf of the exporter and proves the binding of the expenditures with the export operation.

§ 4^o The incomes mentioned in the incisos I a V of the caput, received by physical or legal person residing or domiciled in country or dependency who do not tribute to income or that the tribute to the aliquot less than twenty per cent, referred to in art. 24 of the Law n^o 9,430 of December 27, 1996, subject to the tax on income at source to the aliquot of twenty-five percent (Law n^o 9,779, of January 19, 1999, art. 8^o, and Law n^o 11,727, of June 23, 2008, art. 22).

Art. 2^o The operations referred to in the incisos I to IV of the caput of the art. 1^o will be recorded by means of computerized system that behold the tax identification of the paying source of the yield in the Country and the data of the operation.

§ 1^o The operations regarding the incisos I and II of the caput of the art. 1^o will be registered in the Registration System of Promotion Information-SISPROM, available on the website of the Ministry of Development, Industry and Foreign Trade, at the address.

§ 2^o The record in the form of § 1^o, in the operation hypothesis referred to in the inciso I of the caput of the art. 1^o, when effected by fair organiser, association, entity or asseselhada, it should contain the identification of the participating companies and entities making payment with the use of the zero-income tax on income tax, as well as the value of the expenses corresponding to the percent relative to each of the shareholdings.

§ 3^o The operations referred to in the incisos III and IV of the caput of the art. 1^o will be registered in the Integrated Foreign Trade System-SISCOMEX.

§ 4^o The Ministry of Development, Industry and Foreign Trade will make available in electronic means to the Registry of the Brazilian Federal Revenue Office the data of the record that it treats this article, in the form by them established in act set.

Art. 3^o For the effect of the provisions of the art. 1^o, the shipment will be effected by the institution authorized to operate in the foreign exchange market, upon proof of the tax regularity and:

I-of the record that it treats the art. 2^o, in the hypotheses of the incisos I to IV of the caput of the art. 1^o; and

II-of the legality and economic rationale of the operation, in the hypotheses of the incisos V to VII of the caput of the art. 1^o.

Single paragraph. It is up to the intervening institution to check the fulfilment of the conditions referred to in the caput, by maintaining the documentation filed in the form of the instructions dispatched by the Central Bank of Brazil.

Art. 4^o For the purposes of applying the reduction to zero of the aliquot of the income tax, in the hypothesis of risk-covering operations of variations, in the international market, of interest rates, of parity between currencies and of commodity prices (hedge), mentioned in the inciso V of the art's caput . 1^o, it is necessary that the operations are demonstrably characterized as necessary, customary and normal, including for their value, for the realization of the coverage of the risks and expenses arising therefrom (Law n^o 9,481, of 1997, art. 1^o, IV).

Art. 5^o The reduction to zero of the tax's aliquot on income, in the interest rate hypothesis of export exchange rate and commissions inherent in such currency exchange, that it treats the inciso VI of the art's caput . 1^o, is conditional on that the importations paid, credited, employed, delivered or remitted to legal persons domiciled abroad are not related to credits obtained abroad, whose linkages to the financing of the exports are made upon overdue export exchange contracts (Law n^o 9,481, of 1997, art. 1^o, X).

Single paragraph. The export exchange contracts are deemed to be due when the time frame in them for delivery of documents or for settlement has been exceeded, in one or more days.

Art. 6^o A reduction to zero of the aliquot of income tax, in the interest and commissions hypothesis relating to credits for financing exports, to which the incisus VII of the art's caput is concerned. 1^o, is conditioned to which the sums paid, credited, employed, delivered or remitted, by source domiciled in the Country, to legal persons domiciled abroad, are effectively intended for export financing (Law n^o 9,481, of 1997, art. 1^o, XI).

§ 1^o The substantiation of the operation referred to in the caput by the institution authorized to operate in the foreign exchange market will be effected by clashing of the relevant daily global accounting balances, observed the specific standards dispatched by the Central Bank of Brazil.

§ 2^o The interest and commissions corresponding to the share of the credits earned abroad and destined for the export financing, of which it treats the caput, not applied for such purpose, subject to the incidence of income tax on the source to the twenty-five percent aliquot (Law n^o 9,779, of 1999, art. 9^o).

§ 3^o The tax to which refers to § 2^o will be collected until the last working day of the first decmonk of the subsequent month to the ascertainment of the said interest and commissions (Law n^o 11,488, of June 15, 2007, art. 8^o).

Art. 7^o The physical or legal person that effecates payment of income the beneficiary of the reduction to zero of the income tax's aliquot is expected to maintain in its power, for the period determined by the tax legislation, the invoice or other equivalent comprobatory document of the achievement of the operations, as well as exchange contract and the documents relating to payment, credit, employment, delivery or remittance to residents or domiciles abroad.

Art. 8^o Without prejudice to the provisions of the art. 7^o, and in the assumption of payment with use of resources held abroad, in foreign currency, of which it treats Law n^o 11,371 of November 28, 2006, the standards dispatched by the Monetary Council shall be observed National and by the Secretariat of the Brazilian Federal Revenue Officer, as to the provision of information and the conservation of the comprotory documents of the operations carried out abroad.

Art. 9^o Disfulfillment of the willing in this Decree will subject the payer to the pick-up of the income tax on the source, plus the statutory charges and will entail the impediment to the use of the benefit, while not regularized the situation.

Art. 10. The paying source, physical or legal person, shall, as of the calendar year 2009, provide the Registry of the Brazilian Revenue Officer with information on the values paid, credited, delivered, employed or referred to residents or domiciles on the outside, identifying the beneficiary of the yield as well as the country of residence.

Art. 11. The consignments of which it treats this Decree will be effected by the institution authorized to operate on the foreign exchange market, observed the instructions dispatched by the Central Bank of Brazil.

Art. 12. The Ministry of Development, Industry and Foreign Trade, the EMBRATUR-Brazilian Institute of Tourism, the Central Bank of Brazil and the Secretariat of the Brazilian Federal Revenue Office will edit, in the framework of their respective competences, the standards complementary necessary to the execution of the willing in this Decree.

Art. 13. This Decree comes into effect on the date of its publication.

Art. 14. They are repealed the Decrees n^o 5,183, of August 13, 2004, and n^o 5,533, of September 6, 2005.

Brasilia, February 5, 2008; 188^o of Independence and 121^o of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

Miguel Jorge

Mário Augusto Lopes Moysés