EN 
BR 
Forum Replies Created
-
Posts
-
Hello, Matthew!
Thank you for your interest. The main problem with maintaining financial investments and stock market investments in Brazil is not so much what the law says, but how it has been (poorly) regulated. The law doesn't prevent you from keeping your investments in shares indefinitely. It's the Central Bank's regulations that have made it impossible, in practice, to keep up with banks and brokers.
From next year, with the entry into force of the New Foreign Exchange Law (Law 14.286/2021), there is hope that these regulatory problems will be resolved. At the moment, unfortunately, the situation has pushed people to not inform the paying sources (in this case, banks and brokers) of their tax exit in order to maintain their investments. Here at the firm, we are committed to changing this scenario.
I hope I've answered your question, although it's not possible for me to give a recommendation in a blog comment without knowing your situation.
If you need more support, feel free to contact our team via WhatsApp or email!
Maria Helena,
one more thing: by total coincidence, we've just published a new post about a case that seems to be the same as yours, of someone who left the country in 1998: https://tersi.adv.br/nao-fiz-declaracao-de-saida-definitiva-do-brasil/
Happy reading! If you need to contact us, just send an e-mail to contato@tersi.adv.br or WhatsApp!
Hello, Matheus!
Thank you for your interest. A case like yours would normally require you to rectify your declarations and pay the corresponding taxes, offsetting what has already been paid, in order to make it clear that you are a non-resident and would no longer have to file income tax returns. It is also necessary to take into account the years you have declared (only the last 5 years can be rectified, but also only the last 5 years can be collected by the tax authorities).
Situations like yours often need to be looked at in more detail to give complete guidance. If you are interested in talking to us, please contact the team by email or WhatsApp!
Hello, Carlos!
Thank you for your interest. In its Q&A, the IRS advises that income from the couple's joint assets can be taxed 100% in the name of one of the spouses or 50% in each spouse's name, at the taxpayer's choice (see Question 205 of the IRPF 2021 Q&A). https://www.gov.br/receitafederal/pt-br/acesso-a-informacao/perguntas-frequentes/declaracoes/dirpf/pr-irpf-2021-v-1-0-2021-02-25.pdf). Assuming nothing else is different, I understand that you can continue following the same procedure.
If you need more support, just get in touch with our team by email or WhatsApp!
Hello, Ana Paula!
Thank you for your interest. I plan to write some articles on international remittances soon. Basically, there is no income tax to pay on the transfer if you are transferring funds between your own accounts (there is only the IOF). What there is is the need to confirm that the origin of the funds is lawful. This is necessary for any remittance over USD 10,000. Your final exit declaration plus your Belgian declaration can be proof of this.
I hope I've answered your question. Feel free to get in touch with the team by WhatsApp or email if you'd like to find out more!
Hello, Andrea!
Thank you for your interest! If I understand correctly, you are still listed as a tax resident in Brazil, and your partner, who is not a resident, wants to donate funds so that you can buy a property in Brazil.
It's difficult to give a recommendation from a post. In any case, if you live abroad and have no ties to Brazil (you just want to buy the property), you might want to formalize your status as a non-resident. In this case, if you and your partner are non-residents in Brazil and he donates funds abroad to you, the operation would not be taxable in Brazil.
I put this idea to you, but I would need to understand your problem in more depth to give you a recommendation. If you need our help, just contact the team at contato@tersi.adv.br or by WhatsApp!
Hello, Ana!
I really appreciate your interest. If I understand you correctly, you bought a property in Brazil with a mortgage. The property is yours, but your mother lives in it, and pays the mortgage installments (I'm guessing, but the fact isn't 100% clear in your message).
For income tax purposes, it is possible for you to lend the property to your mother (cede it to her) without it being considered that you are receiving rent. There is a specific income tax exemption for properties lent between first-degree relatives (i.e. from parents to children and vice versa). In this case, your mother's payment of the installments would be a form of donation (possibly subject to state gift tax rather than income tax), not rent.
The alternative would be to consider that you receive a rental amount that happens to correspond to the payment of the mortgage installment, in which case you would have to pay the 15% IRRF.
But you'd have to be sure whether that's your situation or not. Also, the comment I made takes Brazilian legislation into account. It may be that the legislation of the country in which you are a tax resident sees the same situation differently.
If you need our support, feel free to contact our team via WhatsApp or email!
Hello, Marlise!
Thank you for your interest in our content. CVM Resolution 64/2022 completed a change that began in October 2020 with CMN Resolution 4,852/2020. Basically, it should lower the cost a little more for the 4373 investor, the large investor who enjoys tax incentives to invest in Brazil. For smaller investors, the situation remains the same.
The biggest change is expected to take effect from 2023, when Law 14.286, which was passed on December 29, 2021, comes into force. We are still waiting for the Central Bank's regulations to find out what this future impact will be like. It promises to be positive.
If you need more support from us, just get in touch with the team via WhatsApp or email!
Hello, Manfred!
Thank you for your interest in our content. The Communication of Final Departure from the Country (CSDP) was made to cover the time between your departure (August 2015) and the time you submit your Declaration of Final Departure from the Country (in March/April 2016). It is therefore no longer possible to submit the CSDP. If you have submitted the Definitive Exit Declaration, this declaration has already replaced the CSDP, and nothing more needs to be done. In short: the Final Exit Declaration is more important than the CSDP.
I hope I've answered your question. If you need our support, feel free to contact our team via WhatsApp or email!
Hello, Leonardo!
Thank you for your interest in our content. To answer your question, the day-trading situation is unfortunately one of the most difficult today, because the regulations have not been well adjusted to the situation of those who move abroad. According to the law, your resident and non-resident taxation should be the same, except for the fact that the non-resident should appoint the bank/brokerage holding the securities as legal representative to calculate and collect the tax (in this case, the bank/brokerage would pay the DARF form for you). Unfortunately, this is not what has happened in practice today, as Central Bank regulations require all non-resident investors to meet the same requirements as a large investor (the 4373 investor). It is quite possible that from 2023 onwards this regulatory problem will be resolved, given the new Law 14.286/2021.
It's difficult to give a recommendation for a complex situation in a blog post. If you need our support, you can contact our team by WhatsApp or email to make an appointment with me, OK? Then we'll see what solution would be most appropriate.
Cheers!
Hello, Luciana!
Thank you for your interest. The Final Exit Form can be submitted up to one month before your trip. So you can submit it from May.
The Definitive Exit Declaration, on the other hand, will only be submitted during its proper period, which will be in March/April 2023. You really need to wait until then.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Ely,
thank you for your interest. As the Declaration of Final Exit is a "broken year" declaration, it will only have space to report rents received until May, and not from June 2021 onwards. This could lead to cross-referencing problems with the IRS, especially if your rents are received through a real estate agency.
There is a REDARF procedure, which allows you to change the tax payments you have made from code 0190 (carnê leão) to 9478 (non-resident rent). The system would then use all the tax you have already paid. It can also switch from your husband's CPF to yours. In this case, in February 2022 you will have to file a Dirf (income tax return at source) to report the income received by your husband from June to December 2021. As the tax rate is different, there may be tax differences to pay or offset.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Edgar,
thank you for your interest in our content.
Your question is a little more complex to answer than a blog comment allows, but I'll speak in a more general way:
The law doesn't prevent you from keeping your financial investments in Brazil, but the regulations of the competent bodies (in this case, the Central Bank) haven't been quite right. Banks and brokers have had different procedures in this regard. Some simply ask you to liquidate everything you hold, others allow you to keep what you have until you decide to redeem it, but without being able to make new investments.
The Notification of Final Departure has a deadline of February of the year following the year of departure to be submitted, but we haven't found a deadline or fine for you to notify the bank or brokerage firm. We do know, however, that there may be problems with cross-checking data with the IRS after you have left the country, if you move more than certain limits. We hope that from 2023, with the entry into force of the New Foreign Exchange Law, these problems will be resolved, but it's not certain yet. I hope to be able to deal directly with the Central Bank's Regulatory Department (DEREG) to get them to take this up. Please support me.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Jamil,
thank you for your interest in our content. I was intrigued when I saw your question. On that day, I tried to access the Receita website to confirm your question, but at the time the site was down. Today, I was able to do so.
The Definitive Exit Communication form asks the following question: "Enter the date on which you became a non-resident. If you left temporarily, enter the day after you completed 12 consecutive months of absence in this field:".
So what the system is asking is: if you're leaving under the normal rule, enter the day you left the country (September 2021). Just enter that date and the system will accept it normally.
The second sentence, "If the exit occurred on a temporary basis, enter in this field the day following the day on which you completed 12 consecutive months of absence", does not apply to you. It applies to anyone who left Brazil in 2020 and is now formalizing the tax exit based on the temporary exit rule, which would lead to an exit date in 2021.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Marcela!
Thank you for your interest in our content. If I understand you correctly, you have inherited a share of a property in Argentina that belonged to your father, and your father was not a tax resident in Brazil. The property is for sale and you will soon receive the money corresponding to your share, which will be taken to Brazil.
If I understand correctly, there are two moments, first you received the inheritance, then you sold a property abroad. On the first point, in principle ITCMD would apply, Marcela, but the STF recognized that there is no complementary law stating which Brazilian state is competent to charge it, because the property is located abroad, the inventory must have taken place there and your father was domiciled abroad when he died. In this case, you would have nothing to pay in ITCMD, just report it as exempt income for IR purposes. On the sale of the property, however, you may be liable to pay IR on capital gains, if any.
This is just one possible scenario, which could change if your father was domiciled in Brazil when he died, for example. I hope I've helped you. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Glecivaldo!
Thank you for your interest in our content.
It's difficult for me to give a recommendation within a post. I can give you two general pieces of information, however. The first is that there is nothing to stop you and your wife, as non-residents, from buying a property with a mortgage, or financed by the builder when you buy it "off the ground". The biggest difference is the obligation to declare the property, which only exists for residents (non-residents only keep a record of the cost, to calculate any capital gains in the future).
It is legally possible for one member of a couple to be a tax resident in Brazil and the other not. The difficulty lies in the fact that the IRS has not regulated how income tax returns should be made in this case. If the property is jointly owned (if you and your wife bought the property under a community of property regime), the guidance from the IRS is that 100% of the property should be reported by one of the spouses (in this case, your wife). But there is no field in the declaration that clearly states that the source of the income for the purchase of the property was from the other non-resident member of the couple.
This is general information. It would be necessary to analyze your situation more carefully in order to give you proper advice. In any case, I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Patrícia!
Thank you for your interest. The Dirf would normally be transmitted by the source of payment (the tenant), but the tax law expressly replaced the tenant with the attorney-in-fact to play this role. So only the attorney-in-fact would need to submit the Dirf. The Dirf is a very simple declaration. It has no space to detail the calculation of the net rent (gross minus deductions). It only gives the calculation basis and the corresponding tax. As the calculation basis is the net rent, we understand that only this should be reported.
I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Rodolfo!
Thank you very much for the compliment. To answer your question, in principle the answer is yes, but it is hoped that a professional in Italy will be able to give you a definitive answer to your question. The law of a country can decide whether to tax all income from abroad or to exempt you from this work. I can say that the Brazil-Italy agreement allows Italy to tax Brazilian income, deducting the amount of tax paid in Brazil. There is only an exemption as an exception to the rule.
We hope in the future to be able to form a partnership to better meet the needs of people in Italy, but we are still designing this solution. For now, at least, I hope I've helped. If you need our support, just contact us at WhatsApp or by e-mail contato@tersi.adv.br!
Hello, Drea!
Thank you very much for your interest. It's been a struggle in recent years to raise awareness of this issue in order to bring about change. At the moment we can only hope that things will really change next year. I hope to be able to talk to DEREG again this year, so that I can push for a more rational rule. Cheer me on.
Cheers!
