Gaia Silva Gaede Advogados

Income Tax Exemption for Certain Investments Made by Foreigners

A Provisory Measure (MP) issued by the Brazilian government reduced to zero the income tax owed by foreigners who have certain investments here.

Government Extends Benefits on Taxation of Brazilian Multinational Profits

The Brazilian federal government has enacted a provisory measure (MP) that renews for two years certain provisions that deal with worldwide taxation set to expire as from 2023.

Superior Court of Justice – Interest on Capital Invested in Prior Years

In recent judgments, the Superior Court of Justice (STJ) handed down two decisions favorable to taxpayers, authorizing the deductibility of expenses incurred by companies on payment of expenses for Interest on Capital Invested (JCP) from prior years.

Travel Agencies – Reduction of Brazilian Federal Withholding Income Tax

To enhance the competitiveness of Brazilian travel agencies on international operations where they serve as intermediaries, the Federal Government has enacted Provisory Measure (MP) 1.138/2022 to reduce the Withholding Income Tax (IRRF) on such operations for a total five-year period.

New transfer pricing rules

Towards the end of last year, December 29, 2022, Brazil’s transfer pricing rules changed substantially with Provisory Measure (MP) 1.152/2022 as regards determination of transfer prices on controlled transactions carried out between Brazilian companies and their related parties abroad.

Waiver of financial statements for Brazilian subsidiaries overseas

On December 13, 2022, Brazil’s highest administrative tax appeals panel, the Administrative Tax Appeals Council (CARF), did away with arbitration of profit for Brazilian income tax purposes (Corporate Income Tax – IRPJ and Social Contribution on Net Income – CSLL) for subsidiaries of Brazilian compa

Brazil signs another Treaty to avoid Double Taxation, now with the UK

On November 29, 2022, Brazil signed another international treaty, this time with the United Kingdom, to eliminate double taxation on income and prevent tax evasion. Until now, the two countries did not have such a treaty signed and the new measure will contribute to greater legal security between th

Norway and Brazil sign new Treaty to avoid Double Taxation

On November 4th, 2022, Brazil signed an international agreement with Norway that, among other things, would eliminate double taxation on income, as well as prevent tax evasion.

New Administration intends to take up tax reform again

With the new government of President Luis Inácio da Silva (Lula), the Ministry of the Treasury will now have seven secretariats, as follows: Executive Secretariat; Special Federal Revenue Secretariat; National Treasury Secretariat; International Affairs Secretariat; Economic Policy Secretariat; Econ

Reopening of the Brazilian Tax and Criminal Amnesty Program

Federal Law 13,428 was enacted in March 30th 2017 ruling the reopening of the Brazilian Special Regime for Tax and Exchange Legalization (“RERCT”), taking into consideration the success of its first version, which represented an extra revenue for tax authorities in 2016 of over BRL 45 billion.<br/>The main…

Transfer Pricing in Brazil

<b>1. Brief Introduction to the Brazilian Transfer Pricing Legislation</b><br/>The Brazilian transfer pricing rules were introduced into the local legislation by means of Law 9,430, from 1996, coming into force in 1997. Having been inspired by the US legislation, these rules’ main goal is to prevent the shifting…

Dudas en la legislación del Programa de Regularización Tributaria – PRT

El recién creado Programa de Regularización Tributaria – PRT, instituído por la MP 766/2017, publicada en 05/01/17, es uno de los temas jurídicos brasileños sobre los cuales más se habla en el comienzo del año 2017. Pero diferentemente de lo que pasó con los programas similares anteriores, en los cuales…

New law governs incentives for angel investors in startups

⠀⠀⠀⠀⠀⠀⠀⠀⠀

Brazilian Importers Might Save on Costs, as Courts bar IRS from Increasing Siscomex’s Tariffs

Taxation of the Capitalisation of Brazilian Companies with Intangibles by Non-Residents

Brazilian Special Regime for Tax and Exchange Legalization

ISO 37001 – ANTI-BRIBERY MANAGEMENT SYSTEMS