PBR » Topics » Taxation of Capital Gains

This excerpt taken from the PBR 20-F filed May 22, 2009.
Taxation of Capital Gains
 
Upon the sale or other disposition of a share or an ADS, a U.S. holder will generally recognize gain or loss for U.S. federal income tax purposes. The amount of the gain or loss will be equal to the difference between the amount realized in consideration for the disposition of the share or the ADS and the U.S. holder’s tax basis in the share or the ADS. Such gain or loss generally will be subject to U.S. federal income tax and will be treated as capital gain or loss. The net amount of long-term capital gain recognized by an individual holder before January 1, 2011 generally is subject to taxation at a maximum rate of 15%. Capital losses may be deducted from taxable income, subject to certain limitations.
 
A non-U.S. holder will not be subject to U.S. federal income tax or withholding tax on gain realized on the sale or other disposition of a share or an ADS unless:
 
  •     such gain is effectively connected with the conduct by the holder of a trade or business in the United States; or
 
  •     such holder is an individual who is present in the United States for 183 days or more in the taxable year of the sale and certain other conditions are met.
 
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