Brazil hikes capital gains disposal tax rates for individuals and certain foreign investors

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Brazil hikes capital gains disposal tax rates for individuals and certain foreign investors

Hurricane

Brazil is enduring an economic and political hurricane which has deeply affected its gross domestic income and, as a result, public revenues.

In the face of this, an increase in tax rates seems largely undesired and yet an unavoidable reality.

Under that scenario, new rules were enacted earlier this year concerning the income tax (IT) levied on capital gains realised by Brazilian-resident individuals upon the disposal of assets and rights that will be effective as of January 2017.

As of 2017, the flat 15% general rate currently in force will be replaced by a new progressive taxation systematic to be applicable in the context of IT levied upon capital gains, starting with the same 15% (for gains up to R$5 million or $1.42) that will be progressively increased to 17.5% (applicable to the portion of the gain between R$ 5-10 million), 20% (for the portion of the gain between R$10-20 million ($2.83-5.66 million)) and eventually to 22.5% (for the portion of the gain exceeding R$30 million.

Even though the wording of such new rules has not directly addressed the issue, it may come to indirectly impact certain capital gains realised by foreign investors, taken into account a general tax provision currently in force that assimilates the tax treatment of gains realised by foreign investor with the one applicable to Brazilian resident individuals.

It is important to note that these new provisions strictly cover the general rules regarding capital gains. Hence, other situations which are regulated by more specific rules are not impacted, including tax exemptions and specific tax regimes made available by the applicable law.

There is a wide range of specificities that must be reviewed for purposes of determining which cases may be impacted by the new rules, such as, among other considerations, the jurisdiction of the of the foreign investor, how and under which rules the investment is carried out, and the form by which the disposal transaction is carried out.

Gains arising from a sale transaction carried out by means of an order placed with the stock exchange (open market) may be tax exempt, while bilateral over-the-counter transactions may be subject to:

(a) the new progressive rates if the investment is carried out directly, or

(b) to the flat 15% rate if the investment is made through a Brazilian regulated investment fund. 



If it is true that a short window is still opened allowing certain room for planning (the law will only be effective as of 2017) it is also true that Brazilian tax authorities are heavily pressured to obtain new revenues, resulting in consistently stricter scrutiny and more and more disputable tax claims. More than ever, the moment urges that taxpayers’ moves should be carefully reviewed before implementation to accurately assess the level of comfort for the alternative tax positions that may (or may not) be adopted.



FLAVIO-MIFANO

By Flávio Mifano, partner at Mattos Filho



more across site & shared bottom lb ros

More from across our site

The controversial deal will allow US-parented groups to be carved out from key aspects of pillar two
Awards
ITR invites tax firms, in-house teams, and tax professionals to make submissions for the 2027 World Tax rankings and the 2026 ITR Tax Awards globally
Pillar two was ‘weakened’ when it altered from a multinational convention agreement to simply national domestic law, Federico Bertocchi also argued
Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Gift this article