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  • Henry
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    Hello, how does the tax return work in the following case?

    Receipt in dollars (sale of asset) and a foreign account (also originating from a foreign account) but both resident in Brazil ?

    Henry
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    Hi Vinicius. First of all, congratulations and thanks for the text. Very enlightening!

    I had a question about what to do in my case. I left Brazil in December 2021 on a temporary basis because I didn't know if I would be able to get a job abroad. During this period I was on vacation / leave from my job in Brazil, so there were times when I received payments. Now I have a job abroad and have ended my employment in Brazil.

    Could I use the date of resignation in Brazil as the date of definitive departure from the CSD?

    I understand that in my case this is especially important because if I have to use the date of physical departure in Brazil, I should already submit the DSDP in Apr/2022, but if it makes sense to keep the end date of the employment relationship, I would send a DIRPF in 2022 and DSDP in 2023, correct?

    Henry
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    First of all, congratulations on the articles. Very comprehensive and informative.

    My German ex-wife used to live in Brazil with me, but she returned to Germany permanently in May 2021. She didn't make or miss the deadline for the Notice of Permanent Departure, which you say is not a problem, right?
    The fear is if the declaration falls into the fine mesh, and the IRS doesn't accept her definitive exit in 2021.

    She received payment of a precatory in June 2021 (after leaving), bought from a third party as a form of investment.
    Accessing the pre-filled declaration, I saw that the bank (CEF) that paid the precatory declared the income as received from a company. But the precatory was of a maintenance nature and should be declared as received in accumulated form (the amount of IR due to be paid would be much lower, as it would not be added to your taxable income from your work here in Brazil until you left).

    The fear is that she'll declare the precatory as having been received in accumulation, fall into the fine mesh (the explanation of the precatory's error is easy) and they'll implicate her in the lack of a Definitive Exit Notice, keeping her resident status and wanting to tax her earnings in Germany after 06/2021.

    In your opinion, will we have problems with the revenue?

    in reply to: Financial investments in Brazil: The non-resident's dilemma #7291
    Henry
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    Hello, Dr. Vinícius,

    Excellent article! I'm looking for information about this because I find myself in a somewhat unusual situation: I left the bank permanently in 2015, but I had a joint account with my wife and a couple of assets in the Itaú brokerage that I hadn't regularized. Last year I removed my name from the account and ended the relationship with the bank, but I forgot about the assets in the brokerage. Now the broker won't let me access it, since I'm no longer an account holder, and won't let me open account 4373 to redeem the assets and close it again, this time permanently. The solution presented is to transfer everything to a broker that works with non-residents, but I don't know of any except BTG, which charges a lot for the account (every six months) as you commented in the article.

    Have you ever encountered a similar situation? Are there any alternatives, such as donating these assets to my wife? Or is the solution proposed by Itaú really the only viable one?

    in reply to: Tax residency in Brazil: the nebulous "definite mood" #7319
    Henry
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    Hi Vinicius, how are you?

    I have a question, I'm a Brazilian resident in Brazil and I wanted to invest in direct treasury and variable income but I want to live permanently in Portugal and I already have a residence there too, in my case I didn't want to leave Brazil permanently to maintain my rights as an investor, would it be feasible to leave the country without leaving permanently keeping the investments in Brazil earning in euros? or is it more worthwhile to invest this money in Europe even avoiding headaches and problems with double taxation?

    Thank you very much.

    Best regards.

    Henry
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    I left Brazil permanently in 2017 and I have a regressive PGBL in Brazil that is 10 years old. Two questions: 1) If I redeem it in a bank account outside Brazil, what tax will I have to pay in Brazil? 2) Will a PGBL redemption be treated as income on my US tax return?

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Hi, I'm Vinicius Tersi, a specialist in international tax law.

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