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Hello, Cida!
Thank you for your interest. Normally, the IRS will understand that income from abroad will be taxable, unless there is an exemption stating otherwise. In the case of the emergency aid given by the Brazilian government, this was recognized as a taxable amount (although most of the beneficiaries are in the IRPF exemption bracket). So I don't see a provision that implies that this amount received from Chile won't be taxed.
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Hello, Lucas!
Thank you for the compliment. Brazil has an agreement with France to avoid double taxation, which offers some benefits, including double tax residency. Depending on your context, it could be an alternative. The final exit situation does encounter regulatory obstacles. My hope is that these will be resolved by 2023 with the regulation of the New Foreign Exchange Law, but this is not yet concrete.
I hope I've helped. If you need our support to analyze your situation more calmly and allow you to see which alternative would work best for your goals, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Maria!
Thank you for your interest in our content. The logic of the Dirf really is this: if you collect the DARF form in code 9478 in your name, then you submit the Dirf. On the form dealing with residents or domiciled abroad, you provide the name and other details of your son as beneficiary, and the list of DARF forms you have collected, along with the rental amounts.
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Hi, Tatiana!
Thank you for your interest. The safest thing to do would be to formalize your status as a non-resident in Brazil, in order to reduce the doubt about having to pay tax in Brazil on your income from abroad. It's not possible to submit an exit declaration for the year you left, but you can do one of two things: (i). go to the tax office to ask for your CPF details to be updated, proving that you've been living abroad for several years; or (ii). submit a declaration for the oldest year possible (5 years ago), stating the facts that occurred, so that your CPF is automatically updated and you can prove the facts you've stated if you're questioned during an inspection.
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Hello, Charles!
I hope you're all right. In the IR 2022 program, the "Darf Pago" column refers to amounts collected in Brazil, not in Portugal. On another tab, "Tax Paid/Retained", the second field asks you to enter, in Reais, the amount of tax collected in Portugal (the total for the whole year). With this, the program itself calculates the credit and deducts it at the end of the declaration. In this way, you only report rental income in the "Abroad" column on the "Carnê leão" form (income received from PF/exterior).
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Roger!
Thank you for your interest. If you sell a property in Brazil, the capital gain on the sale is taxable here. However, you and your brother's situation (non-residents) is a little different from your mother's (resident). The tax in Brazil is still 15%-22.5% depending on the amount of the gain (15% up to R$ 5 million), but the calculation, according to the IRS, doesn't allow for benefits based on how long you've owned the property or other tax incentives.
The method of payment is also different. The tax is withheld at source (by the buyer or by an attorney for you in Brazil), and the tax is paid on the same date as the price is received. You don't file an income tax return in Brazil, but whoever is responsible for collecting the tax files a withholding tax return (Dirf), stating that the tax is payable by you.
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Hello, Guilherme!
Thank you for your interest. No, they are two different declarations, with data entered in different ways. The declaration to the Central Bank is made in the original currency (be it USD, EUR or whatever), and is usually at market value. For each type of asset, specific information is requested, which may or may not be detailed. The Central Bank's aim is to compile statistics to assist economic policy, not to collect taxes.
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Hello, Maíra!
Thank you for your interest and your compliment. We already serve clients who are non-residents and have real estate financing with Caixa (CEF). What happens is that, as non-residents, they can't keep a bank account with CEF, only with another bank. As a result, they end up paying interest at the "Over-the-Counter Rate", which is a little more expensive, because CEF doesn't offer bundled sales of other products (automatic debit account, credit card, etc.).
I hope that from 2023, with the entry into force of the New Foreign Exchange Law, CEF will change its attitude and allow non-residents to open bank accounts, and not just real estate financing.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Carolina!
Thanks for the question and the compliment. If you work remotely for an office in Brazil as an individual, they will have to withhold income tax from your salary at the non-resident rate (25%, without progression). As you are tax resident only in Italy, it could be argued that, under art. 15 of the Agreement, there would be no withholding tax, and you would pay income tax only in Italy. This is a procedure that will have to be assessed by your employer, as it is clear that they would need to take a legal risk on something they are not used to. There are procedures to allow you to validate the procedure with the Receita Federal.
There are situations in which people set up legal entities to provide services to clients in Brazil. In this case, the company would have to opt for Lucro Presumido, and not Simples Nacional. The profits would be distributed as dividends, and at this point you have to consider whether or not the procedure would be advantageous from Italy's point of view (Italy taxes dividends, unlike Brazil).
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Hello, Ursula!
Thank you for your interest. Answering your questions:
1) Yes, that's right.
2) In accordance with the law, yes. The law dates back to the 1940s, which is why it wasn't even considered possible for the taxpayer to collect the tax spontaneously from abroad. The aim of the tax authorities is to have someone in Brazil who they can execute if the tax is not paid, hence the responsibility of an attorney in Brazil.
3) In principle, yes, because the attorney is acting on your behalf, managing your affairs, and not using their own assets.
4) Yes, you can. Some of them are deductible from the rent to calculate the IRRF (condominium, IPTU and collection costs, provided they are borne by you as the landlord).
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Fernando!
Thank you for your interest. It's worth mentioning that, in the case of the INSS, taxation only exists in Brazil (in my experience, the 10% in Portugal provided for the RNH is for private pensions, not the INSS). Given the current regulation of financial investments in Brazil, double tax residency often works very well in the Brazil-Portugal relationship.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Geanine!
Thank you for your interest. It's usually worth formalizing your status as a non-resident in Brazil to avoid legal risks when you return. Assets accumulated abroad can only be declared after you return to Brazil, as can income received from abroad. Today there is an exemption from capital gains in Brazil for assets acquired abroad as a non-resident. We usually take care to identify the assets benefiting from this exemption, in order to facilitate the return to Brazil.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Eliane!
Thank you for your interest. I'm not in a position to deal with American legislation, but I do know that in the USA, the very fact of being an American citizen obliges you to pay income tax. This is not the case in Brazil. Being Brazilian is not enough to be considered a tax resident, but tax is still due on income from sources in Brazil.
In the experience of our clients, it is possible to regularize income tax in the USA if you meet the requirements of the streamline procedure, which involves paying tax and filing returns for the last few years.
The questions go a little beyond what can be answered in a post. But I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Carolina!
Thank you for your interest. In the case of the exempt and non-taxable income form, code 26 allows you to leave the CNPJ blank (the American company doesn't have a CNPJ, only a US tax number). It's the American company that's paying the rent, so it would be its name.
I can't tell from the information whether income from RSUs would be reported as exempt income. Under the R$ 35,000/month rule, this would apply to the gain on the sale of shares acquired as RSUs, and not exactly to the vesting of RSUs. I have a text on this on this page.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Carolina!
Thank you for your interest. I have argued that missing the deadline for submitting the Notice of Final Exit cannot have the effect of making someone a tax resident in Brazil for another 12 months in a row, if you have already left Brazil with the intention of losing the "definitive spirit". I talk about this in this other text. I understand that you can take advantage of the deadline for submitting the Declaration of Final Departure from the Country (May 31st) to get your situation in order.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Vanessa!
Thanks for the compliment. The problem you mention stems from the fact that there is no simplified deduction in the final tax return, only the legal deductions. Filing an annual tax return (the "normal" return) is possible, but it's worth mentioning that if you do so, you'll also have to report assets and income earned abroad.
I hope I've helped. If you need more specific advice, just contact us at WhatsApp or by e-mail contato@tersi.adv.br to make an appointment!
Hello, Hellen!
Thank you for your question. You would have to wait the 3 years. Some countries have a rule allowing early redemption in the event of a change of country, but I'm not aware of a similar rule for the FGTS.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Patricia!
Thank you for your question. If the rent is paid to a non-resident, the answer is yes. The law makes no distinction as to who pays when it determines the tax due date, unfortunately.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Patricia!
Thank you for your interest. If the rent is paid to a non-resident, the answer is yes. The law makes no distinction as to who pays when it determines the tax due date, unfortunately.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Patricia,
I understand your point. Normally that would be the law's solution, as the tenant is the source of the income. The law, however, distrusts the tenant, creating the figure of the landlord's attorney as an alternative. The logic of the law is to have someone in Brazil from whom you can collect the tax in a tax execution if the tax payment remains unpaid. That's why it prefers the attorney over the tenant.
In fact, I think it would be best, in the case of rentals, to hold the real estate agent, if there is one, responsible. This is because the real estate company already provides the tax authorities with a declaration called DIMOB, in which it reports all the rents, commissions, etc. of the rental contracts it manages.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
