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How to keep tax residence in Brazil?

I’ve received a few questions from people who live abroad and don’t have interest in stop being a tax resident in Brazil. In some cases, the person decides to travel every year to Brazil with the goal of not completing 12 consecutive months of absence and, therefore, do not attend to the requirement of temporary exit.

It’s not necessary to travel to Brazil every year just because of the interest in maintaining tax residence in Brazil. The Brazilian legislation, in the case of brazilians, is clear in stating that the element that establishes fiscal residence is subjective (the intention of remaining binded to Brazil) and not the goal (the length of stay).

Trips to Brazil are a useful way to prove that the person stopped being a resident without formalizing its exit, not the other way around. The interest of the brazilian tax authorities is to keep taxing the incomes of a person on universal bases, even if the person had moved abroad. Keeping you as a resident is standard procedure, and hardly the brazilian IRS wishes to question this status.

In order to keep the tax residence, just keep operating, filing income tax statements and keeping up with your legal obligations. To keep yourself regular, the brazilian income tax statement must inform the income and assets that are being earned outside the country, and, if possible, offset against the Brazilian tax the tax paid abroad.

I recommend also the reading of the following text about double tax residence: “Living in Brazil and in a different country: Double tax residence, brazilian deals and reciprocity”, on which is detailed the requirements and demands to file an income tax statement in Brazil in harmony with others country legislation.

 In this blog you will always find relevant and updated information on the subject, in addition to guiding you to avoid problems with the Tax Authorities and other authorities. Feel free to tell us about your experience, share the content with other friends who need guidance and get in touch with us via email contato@tersi.adv.br or via WhatsApp. Click here to send a message now.

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Vinicius Tersi

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Vinicius Tersi é advogado, especialista em Direito Tributário Internacional.

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