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  • Leonardo
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    Good evening, Dr. Vinicius! I came across your blog researching tax exits and please, if you can help me with a question. I am Brazilian and recently moved to Europe, I did not make a tax exit and I do day trade in mini contract should I pay monthly DARF and does it remain 20%? Am I obliged to submit an annual declaration? What do you recommend for this situation?

    Leonardo
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    Thank you Vinicius for the incredible content of this and other posts on your page.
    A question, please: I have been living in Hungary since 12/2020. Last year I filed my IRPF tax return, but I didn't file a Notification of Departure from Brazil, because I didn't know it was necessary and because I still have income in Brazil and I don't have any income here abroad. Regardless of the amount of tax, my intention is to be regular with the IRS (precisely because my income is all in Brazil today), in which case, do I need to declare exit and tax as a non-resident?

    Leonardo
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    Hello, Dr. Vinícius!
    First of all, congratulations on the content, which was the most enlightening I've ever seen on the subject!
    My question refers to COSIT Consultation Solution No. 115/2021 ("SC") on the exemption from Income Tax ("IR") on gains arising from exchange rate variations on deposits in accounts held abroad. If you have any other articles on this subject, I would appreciate it.
    In your opinion, how do I classify "NON-INCOME DEPOSIT HELD IN A FINANCIAL INSTITUTION OVERSEAS"? Considering that most of my balance abroad is not directly invested most of the time (it serves as collateral for derivative transactions), would it be considered a non-interest-bearing deposit? On the other hand, could I claim that various trades have taken place over time with varying deposits, so that the entire balance could be considered to be remunerated?
    Regarding the calculation, let's assume that a certain amount was remitted at an exchange rate of 4.00, invested at an exchange rate of 4.50, sold without profit in dollars at an exchange rate of 4.50, and remitted to Brazil at an exchange rate of 5 Reais. Would it be acceptable to claim that because I invested the amount I didn't need to tax the exchange rate change from 4.00 to 5.00?

    Leonardo
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    Thank you very much for your reply!
    This impasse will require us to rethink our operational investment strategy.
    If you plan to publish your studies on Cosit Consultation 115/2021, we'll look forward to it! I have recommended your website to the investors I know.
    Cheers!

    Leonardo
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    Good evening Vinícius. Congratulations on your work! Really enlightening.
    I have a question about dual tax residency for Brazilians living in Brazil. My children were born in the USA and have dual citizenship, although they returned to Brazil as children and have lived here ever since. Now that they are adults, a financial institution where they have a checking account is asking them to prove that they do not have tax residency abroad and is threatening to block their account. Can they do this? Is it legal?
    Because they were born in the USA, I understand that they automatically have tax residency in that country. However, they do not have, nor have they ever had, a job or income in that country. Does the Brazil - USA Reciprocal Treatment Agreement waive this requirement made by the financial institution? Thank you

Viewing 5 posts - 1 through 5 (of 5 total)
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Hi, I'm Vinicius Tersi, a specialist in international tax law.

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