International Tax Review is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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 & bottom lb ros

More from across our site

US lawmakers averted a default on debt by approving the Fiscal Responsibility Act, but this deal may consolidate the Biden tax reforms rather than undermine them.
In a letter to the Australian Senate, the firm has provided the names of all 67 staff who received confidential emails but has not released them publicly.
David Pickstone and Anastasia Nourescu of Stewarts review the facts and implications of Ørsted’s appeal at the Upper Tribunal.
The Internal Revenue Service will lose the funding as part of the US debt limit deal, while Amazon UK reaps the benefits of the 130% ‘super-deduction’.
The European Commission wanted to make an example of US companies like Apple, but its crusade against ‘sweetheart’ tax rulings may be derailed at the CJEU.
The OECD has announced that a TP training programme is about to conclude in West Africa, a region that has been plagued by mispricing activities for a number of years.
Richard Murphy and Andrew Baker make the case for tax transparency as a public good and how key principles should lead to a better tax system.
‘Go on leave, effective immediately’, PwC has told nine partners in the latest development in the firm’s ongoing tax scandal.
The forum heard that VAT professionals are struggling under new pressures to validate transactions and catch fraud, responsibilities that they say should lie with governments.
The working paper suggested a new framework for boosting effective carbon rates and reducing the inconsistency of climate policy.