Those wishing to build a new life abroad may encounter various difficulties regarding the procedures to be adopted when leaving Brazil. The first of these is how to declaration of definitive departure from the country (DSDP)In order to stop being a tax resident in Brazil. But for those who also want to continue investing in Brazil while living abroadThe second concern is how to maintain a current account in Brazil after making a tax exit.
The "CDE account", or domiciled abroad account, is the name given by the Central Bank to the bank account that can be opened for non-residents. It applies to both foreigners and Brazilians, as long as they are not resident in Brazil (or have ceased to be).
Easier said than done. We've had a few experiences in this regard that have convinced me of the importance of explaining the difficulties of this procedure, not only to our clients, but also to anyone who intends to leave the country to live abroad or to regularize their tax situation while living abroad.
The following will show the difficulties non-resident Brazilians have in keeping their financial resources in Brazil and carrying out the trivial tasks of paying bills and receiving income. We will also explain the reasons for this and our practical experience of opening non-resident accounts with various financial institutions. It is worth mentioning that, as of 2023, the CDE account rules will make it simpler for banks to open these accounts.
What is a CDE account?
The CDE account, or domiciled abroad account, is nothing more than a current account for non-residents, so that those who do not have tax residency in the country can keep sight deposits, in Brazilian reais, with a financial institution in Brazil.
This is not a requirement of tax legislation (Receita Federal), but of foreign exchange legislation (Banco Central). Until 2022, the Central Bank used the criterion of tax residence to determine who should or should not open a CDE account. This should change in 2023, as the legislation has created its own concept of foreign exchange market residencythrough the New Foreign Exchange Lawwhich promises changes for the non-resident account.
In our experience, the most frequent uses of the CDE account are:
- purchase and sale of real estate in Brazil by non-residentsThis is because the purchase process may require managing several payments in reais (down payment, notary fees, real estate agent fees), and concluding an exchange contract for each payment can be unnecessarily complex;
- solve problems of how to send money abroador to bring money into Brazil, with an account that makes it easier to do so;
- manage the delivery of donations and inheritances abroadwhen received in Brazil by non-residents.
Unlike a regular bank account, the Central Bank requires Brazilian banks to comply with a series of requirements in order to open and maintain a current account for non-residents1Currently, see BCB Circular 3.691/2013Articles 168 to 186. As of 2023, the standard will still be published, which we commented on in this text on what about the non-resident account.These are summarized in the following topics.
Requirements and documents for opening a CDE account
It can be said that current accounts for non-residents:
- can only be opened in financial institutions in Brazil authorized to operate in the foreign exchange market2The Central Bank keeps an updated list of institutions authorized to operate in the foreign exchange market.;
- it must be identified in such a way as to be easily distinguished from other deposit accounts; and
- must be registered by the depositary bank with Sisbacen (the Central Bank's system) when the non-resident account is opened, a requirement that may be eliminated in 2023 as part of the changes to the New Foreign Exchange Law.
In terms of documentation for opening a CDE account, from the practical experience we have with our clients and information from financial institutions, we can mention the following documents, which vary according to the institution where the CDE account will be opened:
- Official Brazilian identity document with photo (RG, for example), or, for foreigners, passport with entry visa;
- Permanent visa abroad, or equivalent document;
- CPF in good standing;
- NIF (tax identification number, equivalent to the CPF abroad);
- Tax Clearance Certificate, to prove that there are no outstanding tax debts with the Federal Revenue Service (RFB) and the Attorney General's Office (PGFN);
- Proof of residence abroad;
- Proof of income; and
- Copy of Declaration of Final Departure from the Country (DSDP).
Currently, the bank that provides this service most easily is Banco RendimentoThe documents requested by this bank to open a CDE account are:
Documents requested |
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Photo ID (RG, CNH or Passport) |
Up-to-date proof of residence from the country where the person lives |
Income tax return and last 3 payslips, or other proof of income |
Copy of the DSDP or, in its absence, the Notice of Permanent Departure If the client has not made the Declaration or Notice of Exit, the bank accepts the permanent residence visa*. |
Documents requested |
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Number in Registration of Individuals (CPF), or the passport of country of residenceor the TIN number |
Up-to-date proof of residence from the country where the person lives |
Income tax return and last 3 payslips, or other proof of income |
In the past, we've seen clients having trouble opening a CDE account, having only submitted the Definitive Exit Communication (CSD), but today this is less common. The CSD must be sufficient to open the account in the period between the date of the tax exit and the date of submission of the DSDP.
We hope that with the change to the non-resident account, which will no longer require the account to be registered with Sisbacen, the procedure for opening a CDE account will become much quicker.
Which banks open CDE accounts?
The information on which banks agree to open a CDE account is not normative, is not easily available and is subject to negotiation with the bank itself. Opening an account is a bilateral contract, so the bank can agree to open it or not.
In addition, banks may have their own policies regarding the opening of these accounts, which can change at any time. For this reason, we have compiled a list in alphabetical order below based on our recent experience, which will certainly become outdated quickly:
- Bradesco Bank
- Bank of Brazil
- Itaú Bank
- Modal Bank
- Banco Paulista
- Banco Rendimento
- Safra Bank
- Santander Bank
- BTG Pactual
- Federal Savings Bank
- C6 Bank
Do you have a CDE account? | Account opening fee | Maintenance fee |
---|---|---|
Bradesco offers a CDE account for Brazilians with permanent residence abroad who have made a tax withdrawal. | There is no fee for opening an account. | The monthly maintenance fee is R$400.00, and an additional fee of R$500.00 is charged for each transaction of R$100,000.00 or more. |
You can consult this information here. Last updated on 23.02.2024.
Do you have a CDE account? | Account opening fee | Maintenance fee |
---|---|---|
The bank no has a CDE account, but provides deposit service for those domiciled abroad. | The opening record has a value of R$1,500.00. | The R$1,500.00 monthly maintenance fee for the current deposit account of a person domiciled abroad. |
You can consult this information here. Last updated on 20.09.2022.
Do you have a CDE account? | Account opening fee | Maintenance fee |
---|---|---|
Itaú Personnalité. | There is an initial registration fee of R$30.00. | The monthly maintenance fee is R$400.00 and the services are unlimited in quantity - Itaú considers up to 40 events a month to be unlimited in quantity. |
You can consult this information here. Last updated on 23.02.2024.
Do you have a CDE account? |
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Banco Modal only opens accounts for residents abroad who have a CPF, proof of residence, an active bank account and a cell phone number in Brazil and who have not informed the bank that they are leaving the country permanently. |
You can consult this information here. Last updated on 15.09.2022.
Do you have a CDE account? |
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The information we were given when we contacted Banco Paulista's Commercial Assistant is that they do not provide this service. As of the last update, Banco Paulista does not open non-resident accounts. |
Last updated on 15.09.2022.
Do you have a CDE account? | Account opening fee | Maintenance fee |
---|---|---|
Open your CDE account 100% digitally, without the need for a legal representative in Brazil. To open an account, simply enter your name, CPF number, e-mail address, country of residence and the plan you want. | The bank has two plans Basic (with an account opening fee of R$150.00) and the Premium (no opening fee). Regardless of the plan chosen, the account is opened within 48 working hours. | The monthly maintenance fee is R$299.90 on the premium plan and R$29.90 in the basic plan. The bank has a list of additional fees for the basic planwhich are free in premium. |
You can consult this information here. Last updated on 15.09.2022.
Do you have a CDE account? |
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Banco Safra used to open non-resident accounts until 2017. Today, the information we have is that it no longer accepts opening this type of account, despite the difficulty of obtaining the information directly from the bank, the updated tariff table does not list the service. |
You can consult this information here. Last updated on 20.09.2022.
Do you have a CDE account? | Account opening fee | Maintenance fee |
---|---|---|
Banco Santander offers the service of opening and maintaining a non-resident account. | The account opening fee is R$ 1,000.00 (one thousand reais). | The bank charges a fee of R$800.00 for each transaction of an amount equal to or greater than R$100,000.00 (previously it was charged on the amount of R$10,000.00). |
You can consult this information here. Last updated on 15.09.2022.
Do you have a CDE account? | Account opening fee | Maintenance fee |
---|---|---|
The bank offers two types of account for non-residents: A CDE account and the account Investor 4373. | According to the information provided by BTG, there is no opening fee. | The BTG Pactual CDE Account has been exempt from the maintenance fee since January 2024. |
You can consult additional information here. Last updated on 23.02.2024.
Do you have a CDE account? |
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Caixa Econômica Federal doesn't open accounts for non-residents, although the bank doesn't have precise information that is easily accessible, the attendants are unaware of the existence of this type of account and it isn't listed in the bank's tariff table. |
You can consult this information here. Last updated on 20.09.2022.
Do you have a CDE account? |
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No, the C6 Bank no has a CDE account, what the bank offers its clients is a so-called "global account" to be used by tax residents in Brazil. This account allows funds to be made available in dollars or euros for use on international trips. |
You can consult this information here. Last updated on 20.09.2022.
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It is important to emphasize that the above picture was not easy to compose. All the institutions we contacted were very reticent about opening CDE accounts, and not everyone we spoke to knew what they were about.
For both us and our customers, there is a lack of clarity and conflicting information within the same institution. Branch managers and other bank staff are not used to the procedure, and find it difficult even when they want to provide good service.
Banks have generally only agreed to open CDE accounts for clients with whom they have a special relationship or who have a significant volume of investments deposited in Brazil.
Why is it so difficult to open a CDE account?
The reason for the banks' reticent behavior lies in the strictness of the Central Bank's regulations. In the current regulations3See BCB Circular 3.691/2013.As a result, the Central Bank imposes a disproportionate cost on banks, so that they prefer not to open CDE accounts, or to pass on the compliance costs to customers.
More recently, the Central Bank has sought to make it easier to open a CDE account, which can be seen in a number of changes4The most recent was made by BCB Resolution 137/2021.. Today it is possible, for example, to open CDE accounts not only as deposit accounts, but also as prepaid card accounts, which has allowed institutions other than banks to open CDE accounts.
With the new changes, the strict and disproportionate control that banks were obliged to maintain has been relaxed. For example, before, all bank transactions of an amount equal to or greater than R$ 10,000.00 (ten thousand reais) had to be documented. Currently the amount has been increased to R$ 100,000.00 (one hundred thousand reais), and in 2023 it is to be increased again to R$ 1,000,000.00 (one million reais).
When documentation of the origin of bank transactions is required, the client must prove: (i). the origin and destination of the funds; (ii). the nature of the payments; (iii). the identity of the depositors of the amounts in the account, if it is a credit; and (iv). the identity of the beneficiaries of the transfers made, if it is a debit. Even payments by check must identify the destination of the funds and the nature of the transfer on the back.
Generally speaking, it can be said that the Central Bank has sought to relax the documentary rigor of the CDE account. The express aim is to increase competition between banks and lower costs for account holders. On the other hand, because the changes are recent, many banks are still unaware of them, and as a result are no longer exploring the possibility of offering customers the service of opening a CDE account.
Restrictions on the movement of funds in the CDE account
In fact, the Central Bank's current regulations treat all debits from CDE accounts to typical bank accounts as inflows of funds into the country, and all credits to non-resident accounts from a typical bank account as outflows of funds from the country.
For this reason, the current regulations still have restrictions on how funds can be transferred from the non-resident account. Few people are accustomed to identifying the reason why they are making the transfer with each transaction they make (for example, "paying the electricity bill", "receiving rent", etc.).
Requiring the bank to check the cause of every bank transfer is really beyond the bounds of reason for everyday transactions.
In addition, unlike a "normal" bank account, the CDE account cannot be used in the interests of third parties, which is why banks do not allow the CDE account to be a joint account. This requirement is not expected to change with the New Foreign Exchange Law.
In any case, it is hoped that from 2023 onwards the restrictions will be lessened and more banks will offer CDE accounts.
Why is the Central Bank so strict?
Brazilian foreign exchange legislation has a tradition of exchange controls. Although less pronounced today, there are still important prohibitions on operations carried out without the intermediation of institutions authorized by the Central Bank to operate in the foreign exchange market. Restrictions on non-residents opening bank accounts are a case in point.
On this point, our legislation was once freer than it is today. The non-resident bank account has its origins in the old Circular Letter no. 05/1969This is where the famous expression "CC5 account" comes from.
The function of the CC5 account was to allow individuals and companies resident or domiciled abroad to keep their funds in national currency deposited with Brazilian financial institutions authorized to operate in the foreign exchange market. The amounts deposited in these accounts could be used for free movement in the country or returned abroad, in which case the amounts were converted into foreign currency without the need for authorization from the Central Bank.
The weakness of the CC5 account was that it was easy to convert amounts from national currency to foreign currency, and vice versa. In this sense, the legislation of the time already prohibited the use of the CC5 account to make payments on behalf of third parties without express authorization from the Central Bank, as well as other activities prohibited by foreign exchange legislation (private credit clearing, for example).
Despite the restrictions, the CC5 accounts were abused for the practice of currency evasion and money laundering, as exposed in the Banestado scandalThis led to the setting up of a CPI, closed in 2004 without a vote on the final report. The current regulation reflects the effort to prevent similar practices from continuing.
The change made by the New Exchange Law, in this context, ushers in a new phase, in which less exchange control is expected and only information for statistical use and to guide the Central Bank's monetary policy (for example, deciding to intervene in the exchange market, raising the SELIC Rate, etc.).
Conclusion
The Central Bank's efforts to curb illicit transactions involving the use of non-resident bank accounts are respectable. It should be noted, however, that regulation cannot have the adverse effect of inhibiting the carrying out of what is lawful.
More than 20 years on from the events analyzed by the Banestado CPI, we are in a very different regulatory context, with a greater exchange of information between tax authorities in different countries and between government authorities for the investigation of illicit activities (Federal Revenue Service, Public Prosecutor's Office and other entities). It is time to review whether the effectiveness of the Central Bank's regulations has been effective and what measures could be taken to facilitate the positive use of CDE accounts.
In our experience, the regulation of the CDE account still makes it difficult for Brazilians living abroad to remain regular from a foreign exchange and tax point of view, which is a contradiction in terms. The New Foreign Exchange Law is very positive, but there are still difficulties to overcome, and not all of them will come into force in 2023. It will still be necessary to make it easier to open and operate a non-resident account before waiting for the vast majority of financial institutions to sign up.
On this blog you will always find relevant, up-to-date information on the subject and guidance on how to avoid problems with the tax authorities and other authorities. Feel free to tell us about your experience, share the content with other friends who need guidance and contact us by e-mail at contato@tersi.adv.br or via WhatsApp. Click here to send a message now.
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References:
- 1Currently, see BCB Circular 3.691/2013Articles 168 to 186. As of 2023, the standard will still be published, which we commented on in this text on what about the non-resident account.
- 2The Central Bank keeps an updated list of institutions authorized to operate in the foreign exchange market.
- 3
- 4The most recent was made by BCB Resolution 137/2021.
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