Pedro Gonzalez Tinoco | Ruy Menezes Neto
By way of Banco Central do Brasil (“BACEN”) Resolution nº 3.854/2010 (most recently modified by BACEN Circular nº 3.857/2017), the National Monetary Council (“CMN “) established[1] that companies and individuals headquartered or with tax domicile in Brazil that hold assets abroad above a certain monetary amount must make declaration of such assets to BACEN.
(i) Annual Asset Declaration
Those companies and individuals headquartered or tax domiciled in Brazil holding assets abroad in an amount equal or superior to USD 100 thousand on December 31st of a certain year must file a declaration with BACEN relative to said assets. The declaration of this year 2019 would be relative to the base date of December 31, 2018[2] and must be made within the timeframe of February 15, 2019 to 6pm on April 05, 2019.[3]
(ii) Quarterly Asset Declaration
Those companies and individuals headquartered or domiciled in Brazil holding assets abroad in an amount equal or superior to USD 100 million within a certain year must file quarterly declarations (March 31th, June 30th and September 30th) with BACEN relative to said assets.
The declarations of this year 2019 would be relative to the following base dates and must be made within the following timeframes:
(iii) The Assets That Must Be Declared
The assets that must be declared are those enumerated by BACEN, as follows:
I – commercial credit;
II – bank account deposits;
III – financial loans;
IV – financing;
V – mercantile-financial leasing;
VI – direct or portfolio investments;
VII – derivatives investments; and
VIII – other investments, including in real estate and other assets.
Note that all such records supporting the declaration filings must be kept for five years from the date of declaration.[5]
(iv) Non-compliance Penalty[6]
Penalty for non-compliance is established by BACEN as stated below:
Declaration late filing: 1% of the value of the assets held abroad or BRL 25,000, whichever lower, reduced by 90% should the late filing be within 1-30 days of the deadline and reduced by 50% should the late filing have been made within 31- 60 days of the deadline.
Incorrect or incomplete Declaration: 2% of the value of the assets held abroad or BRL 50,000, whichever lower;
Declaration non-filing or non-presentation of supporting documents: 5% of the value of the assets held abroad or BRL 125,000, whichever lower;
Filing of Declaration containing false information: 10% of the value of the assets held abroad or BRL 250,000, whichever lower.
Almeida Advogados’ team specialized in Foreign Investment remains available to clear any doubts relative to the Declaration of Brazilian Assets Held Abroad as well as to provide assistance with BACEN proceedings.
[1] BACEN Resolution nº 3.854/2010 Arts. 1º and 2º, §1º.
[2] The US Dollar to Brazilian Real exchange rate on December 31, 2018 was 1:3.87.
[3] BACEN Circular 3.624/2013 Art. 1º, Item I.
[4] Id. Art. 1º, Items II, III and IV.
[5] BACEN Resolution nº 3.854/2010 Art. 7º.
[6] BACEN Circular 3.857/2017 Art. 60.