Post by account_disabled on Feb 27, 2024 10:50:49 GMT
Exceeding 30% of the value of the net worth of the legal entity resident in Brazil; 3) Additional requirements for the deductibility of expenses relating to payments to such jurisdictions (identification of the "effective beneficiary", proof of operational capacity of the non-resident; documentary proof of the actual occurrence of the expense); 4) Impossibility of a Brazilian legal entity consolidating its results from its affiliates and subsidiaries abroad, subjection to the accrual basis even if the link is a coalition (and not control) and impossibility of paying IRPJ and CSLL in eight installments on the results of subsidiaries and associates treated as subsidiaries; It is 5) Impossibility of incentivized tax treatment (exemption from capital gains) for investments by non-residents on stock exchanges and the like.
Conclusion: What you need to know From a regulatory perspective, there is an obligation to report assets and rights, at market value, before Bacen, which is currently carried out through the Declaration of Capital and Assets Held Abroad ("DCBE" ), mandatory for Chinese Europe Phone Number List individuals or legal entities resident in or in Brazil who hold, abroad, assets totaling US$1 million or more on December 31st of each base year. The DCBE is made electronically and fines for non-declaration or omissions range from R$2,500 to R$250,000, which can be increased by 50% in some cases provided for in the legislation.
The same reasoning as the DIRPF applies to the DCBE: if there was a correct declaration of the assets and rights held abroad by the individual, there is no need to talk about illegality, violation of law or omission of asset information, also for regulatory purposes. It follows from this: if there is transparency on the part of the individual in declaring, for the purposes of the Federal Revenue Service and Bacen, their assets (assets and rights) of lawful origin abroad, in the correct way, there is no need to fear establishing or owning "offshore companies in tax havens" — or, more correctly, "offshore vehicles or entities in tax-favored jurisdictions" . If there is no conduct to prevent or delay the authorities' knowledge of the existence of offshore vehicles, there is no illegality incurred.
Conclusion: What you need to know From a regulatory perspective, there is an obligation to report assets and rights, at market value, before Bacen, which is currently carried out through the Declaration of Capital and Assets Held Abroad ("DCBE" ), mandatory for Chinese Europe Phone Number List individuals or legal entities resident in or in Brazil who hold, abroad, assets totaling US$1 million or more on December 31st of each base year. The DCBE is made electronically and fines for non-declaration or omissions range from R$2,500 to R$250,000, which can be increased by 50% in some cases provided for in the legislation.
The same reasoning as the DIRPF applies to the DCBE: if there was a correct declaration of the assets and rights held abroad by the individual, there is no need to talk about illegality, violation of law or omission of asset information, also for regulatory purposes. It follows from this: if there is transparency on the part of the individual in declaring, for the purposes of the Federal Revenue Service and Bacen, their assets (assets and rights) of lawful origin abroad, in the correct way, there is no need to fear establishing or owning "offshore companies in tax havens" — or, more correctly, "offshore vehicles or entities in tax-favored jurisdictions" . If there is no conduct to prevent or delay the authorities' knowledge of the existence of offshore vehicles, there is no illegality incurred.