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Hello, Cleomar!
Thank you for your compliment. I don't know if this is your concern, but if you filed the "normal" declaration incorrectly and should have filed the definitive exit declaration, it is possible to file a rectifying declaration. You use the same program. Instead of opening the old declaration, you'll need to create a new one, choosing the format of definitive departure declaration (DSDP). On the first tab, you indicate that it is a rectifying declaration, and enter the number of the delivery receipt of the annual adjustment declaration (DAA) that you want to correct.
This forces you to fill in all the data again, but makes it possible to make the correction.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Rafael!
Thank you for your interest in our content. You mention two different subjects here. By formalizing the tax exit, you become a non-resident, and therefore all your salary income earned outside Brazil is no longer taxable here. So when you remit funds here from the Middle East, it's no longer income. It's as if you had a pocket in each country and transferred the money from one pocket to another: it's not income, just assets being moved around. That's why you can remit funds to Brazil without paying tax, as long as it's from one of your accounts abroad to another in Brazil. And it's for this same reason that you don't pay income tax in Brazil on what you've accumulated abroad when you become a tax resident in Brazil again (because it's assets; new income received after that date is taxable in Brazil).
The cost of R$ 3-5 thousand per month that you are talking about is the cost of maintaining the 4373 Investor registration (the special regime). It's another discussion: your money is already in Brazil, and you're investing it in financial investments in Brazil as a non-resident. I talk more about this subject in this text on non-resident financial investments.
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Hello, Mariana!
Thank you for your interest. I would argue that it is not necessary to wait 12 months for the temporary release, but to hand in the definitive release declaration now, for the reasons already described in this post.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Fernanda!
Thank you for your interest. You have a CPF and you won't lose it, and that's the requirement to be able to buy a property in Brazil. So there's nothing to stop you from buying the property. Regarding the international remittance, if you want to send the funds directly to the seller, without having a bank account in Brazil, you will need to make a foreign exchange remittance with an institution authorized by the Central Bank. They will ask for proof of the lawful origin of the funds sent. In this case, there will be an IOF tax on the remittance (usually 0.38%) plus bank fees on the remittance of funds, which need to be quoted with the institution making the exchange. For the purchase of the property, there is also the municipal ITBI and the registration and deed costs to transfer ownership of the property.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Marcio!
Thank you for your interest in what I write. With regard to maintaining dual tax residency after 12 months away from the country, I have argued that it is possible, as long as proof of the existence of a definitive intention is provided (for example, by submitting the "normal" income tax return, complying with all Brazilian rules, as you have been doing). I don't have a specific text on the subject today, but I do touch on it in this text on the definitive mood.
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Hi, Juliana!
Thanks for the question, I think it's the first time I've heard it. Payments made by the attorney in the interest of another person are not reported on the attorney's income tax return, but on the Dirf (withholding tax return). This is a separate declaration, filed by the attorney in February of the year following the events. It indicates the beneficiary of the payments and in which country they live.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Antonio!
Thank you for your interest. Information about a person's CPF status as a resident or non-resident can only be obtained in person at the Receita, unfortunately. Allowing free access to this information at least on e-CAC was one of the tax reform suggestions I made to the Ministry of Economy recently.
With regard to the proxy, the procedure you say works when it comes to investing in real estate. For real estate, the law doesn't allow you to use losses from one operation in another (for anyone, whether you're a tax resident or not). There are only a few expense deductions from the amount of rent received.
For financial investments, today we have a mismatch between what the law says and how it is applied. According to the law, taxation on financial investments is levied on the source of payment (bank, broker), and not by the taxpayer or a proxy. Because of the lack of dialogue between the Federal Revenue Service and the Central Bank, regulatory obstacles have prevented the law from being applied as it should be, a topic I'll go into in more detail. in this text on financial investments.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Claudia!
Thank you for your interest in our content. Yes, if you have now received a bonus in the USA as a tax resident in Brazil, it must be submitted to the "carnê leão". Brazil and the USA do not have a double taxation agreement, only reciprocal treatment. In the case of the US, this means that you can offset federal income tax in Brazil, but not state or municipal income tax (if any).
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Rafael, thank you for your interest.
If you make a permanent withdrawal, income from abroad is not taxable in Brazil. Therefore, the funds you transfer from your account abroad to your account in Brazil are not income, but assets. There will be IOF on the exchange transaction, but no income tax. This applies to transfers of any value or frequency.
The value of the shipment only affects the documentation required by the Central Bank, not its taxation.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, F. Rodrigues!
Thank you for your interest in our content.Double tax residency can have many consequences, which will depend on the country where you have tax residency in addition to Brazil. Some countries have agreements with Brazil to avoid double taxation in these cases, others can offset the tax paid abroad in Brazil through reciprocity, and others have no special treatment. The most common consequences can be summarized as follows: 1) the person in a situation of double tax residence must submit all income to taxation, no matter where it is or where it comes from; 2) each country taxes or exempts the income in question (and the same income can be exempt in one country and taxed in the other); 3) depending on the relationship between the two countries, it may be possible to take advantage of the tax paid in one country to reduce the tax due in the other country; and 4) if the income is not declared and paid in Brazil, the person may be subject to a tax assessment with fines and interest and have difficulties sending the funds they have accumulated abroad to Brazil.
Despite all the points above, what happens is that Brazil has created so many difficulties for non-residents to remain regular with financial investments in Brazil that, in some cases, double tax residency can be advantageous.
I would stress that each situation is unique, so this is only a very general summary, since in order for me to give you a complete answer I would need to know the details of your current situation.
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Hello, Danielly!
Thank you for your interest in our content.
The procedure laid down by the authorities is exactly what you've described: make the communication of definitive departure (CSD) when you leave the country and submit the declaration of definitive departure from the country (DSDP) the year after you leave the country. According to your account, your declaration must be submitted in April 2023 and all your assets and rights must be declared, including the amounts in savings and the amounts withdrawn from the FGTS account (but not those still deposited).
If you have any further questions about this procedure, you can contact us at WhatsApp or by e-mail contato@tersi.adv.br! so that we can help you in the best possible way.Hello, Conrad!
Thank you for your compliments and your interest in our content.
Some people who have already sought our advice have told us about similar situations. As a rule, when submitting the declaration of definitive departure from the country, the IRS informs about the need to communicate the sources of payment, and leaves it up to the person who has acquired the status of non-resident to make this communication.
At the time you left the country there were few financial institutions offering this service (non-resident account), and the few that did offered it at very high rates, so that many people were either unaware of the existence of the CDE account (non-resident account) or found it impractical to open one.
However, even in the absence of a non-resident account, there are ways of bringing the amounts saved to Brazil through international remittances.
Because of the few details provided in the comment, it's not possible for me to give you a concrete recommendation, but we're happy to help if you think it's necessary.
If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!Hello, Diego!
Thank you for your interest in our content and I hope that my explanations can help you.
Regardless of whether you are exempt in Brazil because you did not earn any income while living in the country, the IRS recommends that you submit the DSDP when you no longer intend to remain in Brazil.
This declaration will serve as proof of the income you receive in the country where you have established residence and prevent you from being taxed twice.
To submit this declaration you use the same program as the DAA (annual adjustment declaration), which can be done retroactively to cover the period in which you left the country.
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Hello, Robson! Thank you for your interest in our content.
It's very difficult to give a recommendation to assess your case in a blog post, but I'll try to answer some of the questions you've raised.
From your story I understand that you filed your income tax return in Brazil in 2021 (for the calendar year 2020), so the tax authorities may interpret that you are a tax resident in Brazil.
Depending on the country in which you currently reside, it may or may not have signed a double taxation agreement with Brazil, which will influence how you will be taxed.
It's not possible to specify how this taxation will take place because I don't have all the data on your current situation. However, I can tell you that just installing the IRPF program is not enough for you to fall into the fine mesh. The same application is used to prepare all income tax returns, both the annual adjustment return ("normal" return) and the final withdrawal return.
If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!Hello, Matheus!
Thank you for your confidence in our work and for sparing no praise when you commented on your experience with us.
Our efforts are always aimed at helping them and it gives us immense joy when we receive reports from clients who have gained the confidence to continue their international endeavors.
Cheers!
Hello, Marco! What's up?
Thank you for the compliment and for your trust in our work.
If you still need our support, just contact us atWhatsApp or by e-mail contato@tersi.adv.brI'd be delighted to help you!
Hello, Larissa!
Thank you for the compliment and for your interest in our content.
The rule deals with the possibility of "permanent exit" and "temporary exit" from the country, as described by the Federal Revenue Service.
In the temporary departure format, a person is only considered a non-resident when they spend 12 consecutive months outside the country. Those who fall under this rule must comply with tax obligations in both countries in which they maintain tax residence during this 12-month period. Although an agreement to avoid double taxation between the countries helps in many respects, the obligation to comply with ancillary and main obligations in both countries remains.
Even without tax residency in Brazil, it is possible to remain a partner in a legal entity incorporated in Brazil, but this situation is not compatible with the PJ's classification in Simples Nacional. The legal entity would have to change its tax regime to Lucro Presumido or Lucro Real.
I hope I've helped. If you need our support, just contact us atWhatsApp or by e-mail contato@tersi.adv.br!
Hello, Ricardo! Thank you for your interest in our content.
I can't give you a recommendation on the best solution for your case because the information provided is very superficial, so I would run the risk of giving you wrong information.
However, I can tell you that the CSDP can only be submitted until February of the year following departure. The DSDP, on the other hand, can be filed retroactively (up to 5 years ago), with information on the actual date of departure from the country. It is also possible to maintain dual tax residency, as long as you report universal income in both countries, complying with the main and ancillary obligations of each country.
If you would like our support in finding the best solution for your specific case, just contact us atWhatsApp or by e-mail contato@tersi.adv.brIt will be a pleasure to serve you!
Thank you for your interest in our content.
The IRS leaves it up to the person who has acquired the status of non-resident to inform the paying sources of this status, due to the IRS's duty of confidentiality. As you haven't communicated this, you are still considered a resident by the bank.
The taxation of financial investments in both cases is the same. However, if you don't inform the bank of this change, the bank will report your income to the RFB as if you were still a resident. Depending on the amounts and transactions involved, this could lead to a pending tax return being filed as a resident. In more extreme cases, it can also lead to your bank account being blocked, an issue that can be resolved with the tax authorities by explaining that you failed to deliver the letter.
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