Normative Instruction SRF no. 208/2002 regulates the issue of definitive exit and creates the Definitive Exit Communication (CSD). In the body of this Normative Instruction, there is no provision at any time for the communication to be optional. According to the wording, the person who left or became a non-resident, either by definitive departure or after completing 12 months abroad, must deliver the communication by the end of February of the year following the fiscal departure.
In our experience, however, we note that the tax authorities have considered the Declaration of Definitive Departure from the Country (DSDP) to be a mandatory document, since it details the situation of assets and income at the time of tax exit. In addition, the DSDP requests the same information as the CSD.
In these terms, we consider that the CSD serves as a means for the person to be able to organize his tax exit in advance, without waiting until March or April of the following year to be able to report the fact of having left Brazil to the Federal Revenue and to the paying sources (banks , brokers, INSS, employers, etc.).
We have not found a fine for those who fail to submit the CSD, and there is also no other type of penalty for that. But it is recommended to hand it over if the person already has the determination to leave. This allows not only to better organize their own businesses, but also to obtain proof that the procedure was carried out correctly, as prescribed in the Normative Instruction.
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