Facts

List of some facts that are not usually observed (status 10/2017):

  • As of 09/01/2012, Law 12.441/2011, companies, with the designation "EIRELI" - Individual Limited Liability Company - instead of "Ltda.", may consist of one partner only. Foreigners without residence visa in the country need to evaluate certain considerations to take this legal form.
  • FOREIGN individuals and companies, living abroad, who want to make business deals that require public registrations in Brazil, as the constitution of a company and property acquisitions, need to have a TAX-NUMBER, CPF -Cadastre of Natural Persons - or CNPJ - National Register of Legal Entities - to be requested at the Tax Office or consular representation.
  • The distribution of PROFIT from corporate entities with national or foreign capital to its shareholders is considered a "Non-Taxable Income" according to current Brazilian legislation.
  • Before a COMPANY is established, it is recommended that a formal demand is made by the "Commercial Register" or "Notary to the Civil Register Natural Persons" to use the company name, as well as to the Town Office, if the company can be established in the planned address.
  • The granting of residence permission to CEO, DIRECTORS and/or similar, as delegates of the foreign legal entity, is based on the investment of = / > R $600,000.00 or = / > R$150,000.00 by generating of 10 or more jobs in the next following two years. Rule valid for each person. IN 127 - 14/03/2017
  • The granting of residence permission to a NATURAL PERSON as investor, is based on the investment of = / > R$ 500,000.00 and by criterion of job generation. Special conditions for innovation activities, research or scientific/technological character. IN 118 - 21/10/2017
  • The payment of CAPITAL by foreign investors should be made by remittance from bank to bank and the transaction registered in the Central Bank of Brazil.
  • A FOREIGN individual or delegate director of a corporate entity can only assume his duties as the Administrator or Director in a Brazilian company, if an authorization is obtained by the General Coordination of Immigration of the Ministry of Labor for residence in the country.
  • In contracting of FOREIGN LABOR by a national company, there shall be observed the ratio of 1/3 on per capita or volume of wages between foreign and Brazilian employees.
  • In EXPORTING products to Brazil, by indicating the NCM / TEC - Mercosur Common Nomenclature / Table of Common External Tariff - on the pro forma or commercial invoice, the nomenclature applied in Brazil should be observed.
  • FOREIGN residents in the country, making their first DIRPF - Declaration of Individual Income Tax - it is important, because exchanging of information between countries, to relate his assets abroad. This assets, until the date of their arrival in Brazil with residence, does not suffer taxation for future remittances of values to Brazil.
  • The importation of used GOODS, if there is no similar product produced in Brazil, can only be shipped after obtaining the porper IMPORT LICENSE.
  • The acquisition of REAL STATE by foreigners in an urban area is not restricted, but in rural areas must follow specific legislation existing in Brazil.
  • The foreigner who obtains residence in Brazil may bring his HOUSEHOLD GOODS, except motor vehicles, without tax obligations. It is recommended to hire a carrier abroad who is acquainted with the Brazilian requirements.

We take no responsibility for legal changes of the facts listed and / or may imply other complementary legal precepts.

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