SECURITIES AND EXCHANGE COMMISSION
Commission File Number: 001-34476
Bloco A – Vila Olimpia
São Paulo, SP 04543-011
Federative Republic of Brazil
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BANCO SANTANDER (BRASIL) S.A.
Publicly-Held Company with Authorized Capital
CNPJ/MF: 90.400.888/0001-42
NIRE: 35.300.332.067
NOTICE TO THE MARKET
Banco Santander (Brasil) S.A. (“Santander Brasil”), in attendance to the Official Letter nº 345/2018/SAE, received on March 7, 2018, in which B3, within the scope of the Cooperation Agreement signed by the CVM and B3 on December 13, 2011, requests clarifications on two information contained in the news piece published by the newspaper Valor Econômico on March 7, 2018, under the heading“Santander loses in Carf lawsuit against R$ 9 billion collection”, clarifies the following.
I. OFFICIAL LETTER nº 345/2018 - SAE:
“March 7, 2018
345/2018-SAE
Banco Santander (Brasil) S.A.
To Mr. Angel Santodomingo Martell
Investor Relations Officer
Ref.:Request for clarification on news in the press
Dear Sirs,
In the news published in the newspaper Valor Econômico, on March 7, 2018 under the heading “Santander loses in Carf lawsuit against R$ 9 billion collection”, there are, among others, information that Banco Santander lost a dispute of R$ 9 billion with the Internal Revenue Service in the Administrative Council of Tax Resources (Carf). The process involves the purchase of ABN Amro.
We request the company’s statement on the items indicated until March 8, 2018, with your confirmation or not, as well as other information deemed relevant.
(...)”
II. CLARIFICATIONS MADE BY SANTANDER BRASIL:
1. The News piece deals with the administrative proceeding n° 16327.720550/2013-29, in which the parties discuss the responsibility of Santander Brasil for the non-withholding of income tax in the alleged capital gain obtained by a foreign investor in the merger of shares of Banco ABN AMRO Real S.A.
2. The decision mentioned in the news piece was issued by the first instance of the CARF, being subject to appeal in the same body and later questioning in the judicial courts.
3. According to the analysis of our legal councils and external advisors the probability of loss is considered as remote, especially regarding the questioning before the Federal Court and any impact in its financial statements is disregarded.
Santander Brasil will keep its shareholders and the market informed of any relevant information.
São Paulo, March 7, 2018.
Angel Santodomingo
Investor Relations Officer
Banco Santander (Brasil) S.A. | ||
By: | /S/ Amancio Acurcio Gouveia | |
Amancio Acurcio Gouveia Officer Without Specific Designation | ||
By: | /S/ Angel Santodomingo Martell | |
Angel Santodomingo Martell Vice - President Executive Officer |