Main page > About the company > News and mailing > Jurisdictions news > The Brazilian Tax Service pays attention to trusts

The Brazilian Tax Service pays attention to trusts


				18.05.2023
						The Brazilian Government has published Interim Measure No. 1171/23 on the distribution of foreign trust assets. In fact, this measure changes the rules for taxation of income from foreign sources received by Brazilian residents from financial investments and controlled organizations.

This is the first case in Brazilian tax law when trusts are taken into account in taxation. Since the trust is not an institution recognized by the Brazilian legal system, there was no tax regulation on this issue before, and therefore there were many doubts about the taxation of Brazilian individuals participating in the trust.

According to the adopted measure, the assets of a foreign trust will be considered the property of the founder until their distribution to the beneficiary or the death of the founder. The distribution of the trust will be considered a gratuitous lifetime donation or transfer of causa mortis, and the trust will be considered for taxation if a resident of Brazil owns a controlled company abroad through it.

Income and profits from financial investments located abroad and profits from controlled foreign companies will be taxed on a sliding progressive scale. Thus, individuals who are residents of Brazil will have to pay up to 22.5 percent of income tax on such assets. Deductions are not allowed.

Controlled foreign companies are subject to a rule prohibiting tax deferral if they are located in low-tax jurisdictions or in jurisdictions with preferential tax treatment. The rule also applies if the organization receives less than 80 percent of its own active income, for example, income excluding royalties, interest, rent or dividends.
The measure comes into force on January 1, 2024.

Link to source: https://www.ctpadv.com.br/mp-1171-tributacao-de-rendimentos-do-exterior/
https://insightplus.bakermckenzie.com/bm/tax/brazil-provisional-measure-n-117123

Back to the list

Quickly and confidentially.
A qualified expert will give you a free consultation by telephone, help to determine the position and make an appointment at any time that suits you.
Call just now by phone: +44 203 608 22 48
E-mail us: london@hbcomp.co.uk


News

01/15/2025 11:11:00

TOP 10 cities in the world by investment attractiveness

Global consulting company Kearney has prepared a report with up-to ...

Read more

01/13/2025 11:06:00

Luxembourg tax rates for 2025

The Luxembourg Office of Direct Taxes (Administration des Contribu ...

Read more

09/30/2024 15:35:00

Bulgaria is preparing to switch to the euro

Bulgaria plans to switch from the lev (BGN) to the euro (EUR) in ju ...

Read more