Taxation for the Brazil Real Estate and Land Investor
Transcription
Taxation for the Brazil Real Estate and Land Investor
Taxation for the Brazil Real Estate and Land Investor All material written in this guide is, unless otherwise stated, the property of the Brazil Real Estate Investment Guide (under the company name: ‘Brazil Real Estate Partners’). Copyright and other intellectual property laws protect these materials. Reproduction or retransmission, in whole or in part, in any manner, without the prior written consent of the copyright holder, is a violation of copyright law. This guide is intended for educational purposes only and the author has made every effort to ensure its accuracy and reliability. However, the author suggests that readers should, in addition, seek professional advice from a suitably qualified accountant and/or tax advisor when conducting any kind of real estate business in Brazil. The author shall in no event be held liable for any loss directly or indirectly arising from any material contained within this guide. Should you wish to contact the author directly, please email: [email protected] For more information about who we are please click on the following link: The Brazil Real Estate Investment Guide - Biography 1 Taxation for the Brazil Real Estate and Land Investor CONTENTS Page 1 Summary 3 2 The Brazilian Taxation System 3 3 Imposto Sobre a Propriedade Predial e Territorial Urbana (IPTU): Tax on Property and Urban Land 4 4 Imposto de Renda das Pessoas Físicas (IRPF): Income Tax on Individuals 6 5 Imposto de Transmissão de Bens Inter Vivos (ITBI): Property Transfer Tax 8 6 Imposto de Transmissão Causa Mortis e Doação (ITCMD): Inheritance Tax 9 7 Imposto sobre a propriedade Territorial Rural (ITR): Rural Land Property Tax 10 8 Taxa de Terrenos de Marinha: Marine Land Tax 11 9 Tax Evasion 11 9 Frequently Asked Questions on Brazilian Real Estate and Land Taxation 11 2 1. Summary Regardless of your real estate and/or land buying strategy in Brazil, it is imperative to be aware of the various taxation regimes that apply. The main taxes to be concerned with are the ‘Imposto sobre a Propriedade predial e Territorial Urbana, IPTU’ (an annual tax paid to the individual state depending on where your property or piece of land is located); ‘the Imposto sobre Transmissão de Bens Imóveis, ITBI’ (a transfer tax, based on the true value of the asset, which has to paid for the property / land to be fully registerd at the Notary Public); ‘the Imposto de Renda das Pessoas Físicas’, IRPF (income tax applicable, for example, if you are renting or leasing amongst other reasons) and the Imposto sobre a propriedade Territorial Rural, ITR (a rural land property tax). Note that if you are a resident of Brazil other taxes, such as social security, will also need to be considered and, if you are investing in stocks, specific credit taxes will need to be paid. What follows, starts with a short explanation of the Brazilian taxation system followed by detailed information on each of the taxes; a short warning on tax evasion and some frequently asked questions all enabling you to understand your necessary obligations. As with all our guides, we aim to make the content easily accessible and digestible please also feel free to contact us at [email protected] for any further assistance. Back to Contents Page 2. The Brazilian Taxation System Authoritative decisions with regards to Brazil taxation are made solely by the Federal Constitution which establishes the general principles; the limitations on the power to tax and the competence across all levels of government. The Consitution states that it is the the Federal Government, the States and the Municipalities that can institute taxes, related fees and other contributions. 1) Federal Taxation – taxes used to finance expenses in the Brazilian territory (including national infrastructure, public management, civil servant salaries to name a few); 2) State Taxation – taxes used to finance the expenses of the 26 individual states of Brazil; 3) Municipal Districts Taxation – taxes used to finance the expenses of the districts´prefectures (taxes vary between municipalities with the most industrialized areas collecting more). The tax competences are as follows: Tax Competence Federal State Taxes • Income (Imposto de Renda das Pessoas Físicas, IRPF); • Imports (Imposto de Importação, II) and exports (Imposto de Exportação, IE) of goods and services (foreign trade); • Income and earnings (Imposto de Renda, IR); • Industrialised products (Imposto sobre Produtos Industrializados, IPI); • Financial operations (Imposto sobre Operações de Crédito, IOF); • Rural Land Property (Imposto sobre a Propriedade Territorial Rural, ITR). • Inheritance and Gifts (Imposto sobre Sucessões Doações, ITCD); • Circulation of Goods, Transportation and Communication (Imposto sobre Operações relativas à Circulação de Mercadorias e Prestação de Serviços de Transporte Interestadual e Intermunicipal e de Comunicação, ICMS): a value added tax levied on goods and some services; • Motor Vehicles (Imposto sobre Propriedade de Veículos Automotores, IPVA); • Property Transmission Causa Mortis (Transmissão Causa Mortis e Doação, ITCD) 3 Municipalities • Urban Land Property Tax (Imposto sobre a Propriedade Predial Federal District e Territorial Urbana, IPTU); • Real Estate Conveyance Tax (Imposto sobre Transmissão de Bens Imóveis, ITBI) • Services Tax (Imposto sobre Serviços, ISS), except those subject to ICMS. Decree 63,659 of 20th November 1968 established the Secretaria da Receita Federal do Brasil (SRF) as a replacement of the the Diretoria-Geral da Fazenda Nacional (General Directorate of National Treasury). The role of the SRF is to overlook the majority of revenues including taxes (income tax, industrial production tax, foreign trade tax, credit and insurance tax); economic contributions and social security contributions (for example those paid to retired workers, disabled people, the poor and elderly). Its mission statement is to: “exercise tax administration customs control and tax fairness with respect for citizens and for the benefit of society;” and its future vision is of: “being an institution of excellence in tax and customs administration with national and international reference”. Back to Contents Page 3. Imposto Sobre a Propriedade Predial e Territorial Urbana (IPTU): Tax on Property and Urban Land Defined by Article 156 of the 1988 Constitution as: “a tax imposed on individuals or legal entities (corporations) who retain ownership of property or land throughout the 26 states of Brazil”. It is essentially an obligatory property tax payment made every month to the district municipality. The tax is referred to as being ‘progressive’ – in other words, its main function is to provide financial resources for the municipality and as a control of urban land prices. According to Article 156, the tax of clause may: • be varied in proportion to the value of the building; • have different rates, in accordance with the localization and the use of the building. It should be noted that it is within the competence of the municipality where the property is located to undertake the following roles: • establish the maximum and minimum rates; • regulate the manner and the conditions by which exemptions, incentives and fiscal benefits shall be granted and revoked; • exclude exportations of services to other countries from the tax levy. The tax is calculated on the market value of the property or piece of land (directly via the Registry Imoveis) – which is its sale value and not its asking price (as stated by a real estate agent, for example). It is established locally in every city and can vary from between 0.5% to 1.5% of the valuation depending on the use of the property; its type (house, apartment, commercial unit or land) and its location (more centrally situated property and land, generally speaking, would be subject to a higher levy). The IPTU is administered and controlled by each individual municipality in Brazil. Therefore, each one has sole responsibility to ensure that taxation is collected on time and efficiently and any individual tax exemption is accounted for. The annual bill will usually arrive in January (with a payment booklet and information on the details for payment as per the municipality). The tax needs to be paid on a yearly basis as one lump sum or split into 10 monthly instalments (no interest is charged). The easiest method to pay is to set up a direct debit directly via a Brazilian bank account – or it can be paid via most ATMs and banks. 4 For more information on payment of the 2010 IPTU (translated into English) for most of the major cities of Brazil, please click on the appropriate link below as well as direct links to the Prefeitura (city hall administration): Aracaju – 2010 IPTU Information / City Prefeitura Belém – 2010 IPTU Information / City Prefeitura Belo Horizonte – 2010 IPTU Information / City Prefeitura Boa Vista – 2010 IPTU Information / City Prefeitura Campo Grande – 2010 IPTU Information / City Prefeitura Cuiabá – 2010 IPTU Information / City Prefeitura Curitiba – 2010 IPTU Information / City Prefeitura Distrito Federal – 2010 IPTU Information / City Prefeitura Florianópolis – 2010 IPTU Information / City Prefeitura Fortaleza – 2010 IPTU Information / City Prefeitura Goiânia – 2010 IPTU Information / City Prefeitura João Pessoa – 2010 IPTU Information / City Prefeitura Macapá – 2010 IPTU Information Maceió – 2010 IPTU Information / City Prefeitura Manaus – 2010 IPTU Information / City Prefeitura Natal – 2010 IPTU Information / City Prefeitura Palmas – 2010 IPTU Information / City Prefeitura Porto Alegre – 2010 IPTU Information / City Prefeitura Porto Velho – 2010 IPTU Information / City Prefeitura Recife – 2010 IPTU Information / City Prefeitura Rio Branco – 2010 IPTU Information / City Prefeitura Rio de Janeiro – 2010 IPTU Information / City Prefeitura Salvador – 2010 IPTU Information / City Prefeitura São Paulo – 2010 IPTU Information / City Prefeitura Teresina – 2010 IPTU Information / City Prefeitura Vitória – 2010 IPTU Information / City Prefeitura There are two exemptions to having to pay the IPTU: (i) If there is a building permit in place – as stated in art. 16 of Decree 16.100/94 (regulation of property tax) those who are in ownership of a building permit are entitled to a reduced tax rate ranging from 3% to 1% to a non-extendable period of thirty-six months, provided that: • the building permit has been issued until the last day of the year preceding the release of tax; • the property is residential; • the owner(s) has/have not received another property of the same type (ii) Elderly – those aged over 65 years are entitled to exemption from the tax Back to Contents Page 5 4. Imposto de Renda das Pessoas Físicas (IRPF): Income Tax on Individuals The IRPF is a Federal tax payable by any individual based in Brazil earning over a certain amount (controlled by the Ministry of Finance) – as established by Article 153, Part 3 of the Brazilian Constitution: “The Federal Government shall have the power to institute taxes on ... (iii) income and earnings of any nature” For real estate and land investors, this will mainly be any kind of rent / letting / leasing income and it is your legal obligation to report all receipts on yearly basis (in April). Income tax will also be levied on earnings of over R$15,764.28 (as at January 2010) in any form of the following: • Salary / Wages; • Pension payments; • Bonds; • Commissions; • Prizes. The table below shows the gradual tax percentage you can expect to pay depending on the level of income you receive in 2010 (per month): Year 2010 Income Level Up to $ 1499.15 From $ 1499.16 to $ 2246.75 USD From $ 2246.76 to $ 2995.70 USD From $ 2995.71 to $ 3743.19 USD Above $ 3743.20 Tax Free 7.5% 15% 22.5% 27.5% IRPF Deduction Free U.S. $ 112.43 U.S. $ 280.94 U.S. $ 505.62 U.S. $ 692.78 The IRPF calculator from the Ministry of Finance can be found by clicking here: Ministry of Finance IRPF Calculator As there is not an English version, please see a definition list of the terms on this form below: Rendimentos Tributáveis Taxable Income Deduções Deductions Previdência Oficial Social Security Dependente Dependent Quantidade Quantity O valor da dedução mensal é R$ 144,20 por dependente The monthly value per dependant is R$144.20 Alimentícia Judicial Child Support Costs Outras Deduções Other Deductions Total das Deduções Total of all Deductions Base de Cálculo Base Calculation Imposto Devido Tax Due Demonstrativo da Apuração do Imposto Devido Statement of the Determination of Taxation Due Faixa Range Alíquota Part Valor do Imposto Tax Value Alíquota Efetiva Effective Tax Percentual do imposto devido sobre os Percentage of tax payable on the rendimentos tributáveis taxable income 6 Income declarations must be done prior to 30th April every year (or face late penalty fines) and can be made using a number of methods: (i) Either yourself or your accountant can use the Ministrys of Finance’s downloadable programme where the tax can be calculated; the necessary forms filled and returns submitted (you will also get a reference number enabling you to track the return): Programa Gerador da Declaraçã (ii) The Programa Gerador da Declaração can be saved on to a disc (disquete) and taken to any Bank of Brazil (Banco do Brasil) or Post Office (Correios), of which there are plenty of across Brazil. (remember to take a copy of the disc for your own records); (iii) A copy of the return form – Formulario Declaração de Ajuste Anual – can be handwritten and delivered to the Correios or Banco do Brasil. The tax can also paid over a six month period due before the last working day of the month (which can be done in most commercial banks). Note that the first months payment will be interest free followed by a charge in line with the SELIC on the subsequent five months. There are a number of deductions that can be offset against the IRPF which you should take advantage of, if you are able to: • Social security contributions paid to the Instituto Nacional do Seguro Social, INSS (National Institute of Social Security; • Offsetting is available for other dependents including spousal maintenance payments, children and elderly parents; • Education expenses of both the tax filer and their dependents can be deducted (note that this amount is limited to R$1,700 per year); • Some health expenses including doctor, dentist, x-ray and operation costs can be offset. Contact your accountant for more information about making use of these deductions and ensure that you record and keep receipts of all your necessary expenses. Note that Brazil also has double taxation treaties (DTTs) with the following countries: Argentina, Austria, Belgium, Canada, Chile, China, Czech Republic, Slovakia, Denmark, Ecuador, Finland, France, Hungary, India, Israel, Italy, Japan, Korea, Luxembourg, Mexico, Netherlands, Norway, Philippines, Portugal, South Africa, Spain, Sweden and Ukraine. This essentially means that income tax payers in one of these countries can ensure that they do not pay in Brazil and vice versa. There are several ongoing discussions between Brazil several other countries to initiate further DTTs (as a method of increasing trade links). Double Taxation Treaty Agreements between Brazil and the international community Back to Contents Page 7 5. Imposto de Transmissão de Bens Inter Vivos (ITBI): Property Transfer Tax Law No. 11,154 of December 30, 1991 governs the ITBI which provides for: “the transfer ‘inter vivos’ in any way, by paying deed, real estate, by nature or physical accession and of interests in land, except for guarantees and transfer of rights to purchase.” This is a municipal tax that that applies to: • The transfer, by act of consideration, of real estate and land; • The transfer, by act of consideration, of any interests in property. The ITBI is paid, therefore, only when a piece of real estate is sold, and the transaction is registered with the official state notary (and ownership of the deed changes). Note that if a real estate changes ownership because of death of former owner, then the Imposto de Transmissão Causa Mortis e Doação would apply (see below). The tax varies from city to city and is calculated on the market value of the property. Generally speaking, the tax does not exceed 3% of the property’s value although most local real estate professionals will be able to give you the most recent rate. Alternatively, contact your local State Prefeitura via their links below: Aracaju – City Prefeitura Belém – City Prefeitura Belo Horizonte – City Prefeitura Boa Vista – City Prefeitura Campo Grande – City Prefeitura Cuiabá – City Prefeitura Curitiba – City Prefeitura Distrito Federal – City Prefeitura Florianópolis – City Prefeitura Fortaleza – City Prefeitura Goiânia – City Prefeitura João Pessoa – City Prefeitura Maceió – City Prefeitura Manaus – City Prefeitura Natal – City Prefeitura Palmas – City Prefeitura Porto Alegre – City Prefeitura Porto Velho – City Prefeitura Recife – City Prefeitura Rio Branco – City Prefeitura Rio de Janeiro – City Prefeitura Salvador – City Prefeitura São Paulo – City Prefeitura Teresina – City Prefeitura Vitória – City Prefeitura The tax will need to be paid within 30 days of the arrival of the transfer deeds at the official notary’s office and is a compulsory legal obligation (your lawyer will formally declare the sale and ensure that all the paperwork related to payment of this tax is completed prior to the point of exchange and completion). The following parties have immunity from paying the ITBI: • Property belonging to the Union, the Federal District and Municipality; • Property belonging to churches of any denomination; 8 • Property belonging to political parties, including their foundations and unions of workers; • Education, social welfare and not for profit institutions. Note that there is a recently instated bill which provides that in every five years a tax benefit can be used to offset your ITBI liability provided that all the reinvestment is used towards other real estate assets up to 180 days after the selling (contact your accountant for more information or email [email protected]). Back to Contents Page 6. Imposto de Transmissão Causa Mortis e Doação (ITCMD): Inheritance Tax Created by the 1988 Constitution, Law 8927/88 in force as of 1st March 1989 states a tax is due upon: “any person or entity that receives goods or rights as inheritance (due to the death of former owner) or as a donation.” A taxable event occurs when: • the transmission of any property or right is held as a legal or testamentary succession (including provisional succession); • the transfer is by gift, for any reason, of any property or rights; • the acquisition of assets or rights by the heir or spouse detached is shared in succession by death or dissolution of the marriage. The Federal State of Brazil has established the ITCMD at eight percent. However, each state may have its own specific rate which can be lower or higher (in the State of São Paulo the inheritance tax payable is four percent). Please see the following links to state secretariats throughout Brazil for further information (which often have information on other state direct and indirect taxes): Acre – Secretariat of Finance Alagoas – Secretariat of Finance Amapá – Secretariat of Finance Amazonas – Secretariat of Finance Bahia – Secretariat of Finance Ceará – Secretariat of Finance Distrito Federal – Secretariat of Finance Espírito Santo – Secretariat of Finance Goiás – Secretariat of Finance Maranhão – State Revenue Management Mato Grosso – Secretariat of Finance Mato Grosso do Sul – Secretariat of Finance Minas Gerais – Secretariat of Finance Pará – Secretariat of Finance Paraíba – Secretariat of Finance Paraná – Secretariat of Finance Pernambuco – Secretariat of Finance Piauí – Secretariat of Finance Rio de Janeiro – Secretariat of Finance Rio Grande do Norte – Secretariat of Taxation Rio Grande do Sul – Secretariat of Finance Rondônia – Secretariat of Finance 9 Roraima – Secretariat of Finance Santa Catarina – Secretariat of Finance São Paulo – Secretariat of Finance Sergipe – Secretariat of Finance Tocantins – Secretariat of Finance Payment will vary according to state procedures, but Federal law states that documentation (using form 3026 for transmission by cause or death and 3018 for donations) would have to be submitted to the Procuradoria Geral do Estado (State Attorney General) for the asset or rights to be valued and subsequently to the Delegacia Regional da Receita (Regional Tax Delegate) for collection. Law 8927, Article 4 provides for exemption from the ITCMD in the following circumstances: • if the transfer caused by death of property owner is used solely for housing the surviving spouse or heir and they have no other property to reside in; • if the transfer caused by death of the property owner is in a rural area of up to 25 hectares and its ongoing usage is the only means of sustenance for the family of the heir or surviving spouse; • if the donation of property is for the intention of land reform; • if the donation of property is used for approved housing programs (such as Minha Casa, Minha Vida); • if the property was owned by the following groups: • the Union, States, Federal District and Municipalities; • temples of any cult; • political parties, unions, educational institutions, social and not-for-profit groups; • foundations instituted and maintained by the Government; Back to Contents Page 7. Imposto sobre a propriedade Territorial Rural (ITR): Rural Land Property Tax The tax is governed by Article 153, Section VI of the Federal Constitution: “the Union shall have the power to institute taxes on... (vi) rural property.” The tax will be triggered when land is in useful possession outside a specific urban perimeter established by individual states. The taxpayer can either be the actual owner or a holding company and the calculation is based upon the valuation of the land without any betterment or improvement (ie. the value of the ‘bare’ land). The ITR was initiated to end the formerly widespread practice of unproductive land ownership and many attribute the tax as one of the main contributory factors the led to Brazil’s agribusiness boom in the 1990s. The following two exemptions apply: • The ITR does not affect small rural plots, of which are defined as the following: • Under 100 hectares if located in the Western Amazon and the Pantanal of Mato Grosso and Mato Grosso do Sol; • Under 50 hectares if located in the Eastern Amazon; • Under 30 hectares if located in another municipality; • If the rural land is incorporated within the official program of land reform. Back to Contents Page 10 8. Taxa de Terrenos de Marinha: Marine Land Tax This is a tax that even has many lawyers and accountants confused and was initiated to deter land ownership and development close to Brazil’s 7,000 miles of coastline. If you are purchasing a Brazilian piece of coastal real estate or land, ensure to verify whether this tax will apply (terms and payment conditions will vary according to the individual state). Back to Contents Page 9. Tax Evasion In the eyes of Brazilian law, tax evasion is defined as the use of illicit means to avoid payment of any obligatory governmental fees. The methods used to evade taxes are missing information, false statements and the production of distorted documentation (for example the amendment of receipts, invoices, bills etc). As many readers would be aware, an informal economy does exist in Brazil which has led to high levels of tax evasion in the past. However, now that Brazil’s government has restored macro-economic stability – along with providing incentives to encourage citizens and businesses to operate in a more orthodox manner – the authorities take a very strict view on tax avoidance. Recent examples include, in 2009, an intensive operation to collect unpaid taxes from São Paulo’s upscale building owners amounting to over $BRL 1.5 billion with recent announcements of expansion into several other parts of Brazil. A new advanced monitoring database was also trialled successfully which has automatic investigation triggers should indiscrepancies appear. Whilst only being fully operational in São Paulo, plans are already in place to extend its reach to all parts of Brazil (replacing the bureaucratic and labour intensive existing processes). Back to Contents Page 10. Frequently Asked Questions on Brazilian Real Estate and Land Taxation How will I be taxed in Brazil? This will really depend on your activities as a real estate / land investor – in most cases, the main taxes are the Propriedade predial e Territorial Urbana, IPTU (a property tax paid to the state where your property is located); the Imposto sobre Transmissão de Bens Imóveis, ITBI (a transfer tax); the Imposto de Renda das Pessoas Físicas, ITPR (an income tax) and the Imposto sobre a propriedade Territorial Rural, ITR (a rural land property tax). As a foreign investor, must I always file a Brazilian tax return with regards to any income gained? Yes, if you earn over a fixed amount per year as a result of your investment, it will be obligatory to file a Brazilian tax return. Note that relevant documentation will still need to be completed even if you fall under the tax bracket. How will other taxes be made? Income tax and the rural property tax can be paid in one lump or in instalments (see below); the ITBI (transfer tax) and ITCMD (inheritance tax) will be made within 30 days from the transfer of sale (your lawyer will inform you of your tax payment obligations). The ITPU (state property tax) can usually be paid in one lump sum or in instalments. 11 What are the first steps that I need to undertake to ensure I am meeting my taxation obligations in Brazil? You will first need to ensure that you have a Cadastro de Pessoa Física (CPF) Number – a straightforward process that can be undertaken in a number of ways – this will ensure that you are formally registered with the tax authorities. Please see our ‘Obtaining a Cadastro de Pessoa Física (CPF) Number’ guide. Can the deadline for payment be extended? No, if you miss the deadline you can expect to receive a fine. Do I have to pay the income tax in one lump sum? Taxpayers have the choice to pay in one lump some or as six monthly payments – although it should be noted that, with the latter option, the first payment is interest free and the remaining five will be subject to added interest in line with the SELIC. Some Brazilian investors pass on this extra cost in the form of higher rents and lease payments. Will I be able to offset income tax against any of my expenses? If structured in the correct way, a number of expenses can be offset (such as moving expenses, home leave, health expenses, language lessons and the use of a car) – a good accountant will be able to advise further on this issue. What about my income from other countries of world, will I have to declare these to the Brazilian authorities? As a non-resident, you will be subject to Brazil-sourced income tax only so there is no need to file any returns for any external gains. Should I open an offshore bank account and will I benefit from doing so? If you receive any kind of payment (be that rent, fees or other income) it would be classed as Brazil sourced so setting up an offshore account may be an effective way to save tax. Contact us at [email protected] for the details of offshore tax specialists. What is the Brazilian tax year? The official Brazilian Tax year is from 1st January until 31st December (the calendar year). What if my income varies from month to month? The amount of income you earn (from a rental property for example) will be compounded within the tax year and calculated accordingly (note you will be exempt if your income is below a certain threshold (see this table with the latest income tax rates). How is tax residence determined in Brazil? As a non Brazilian national, you will only be treated as a resident for tax purposes if you stay in the country for more than 183 days in any 12 month period. Is there any benefit of filing a joint tax return with my spouse? You are legally obliged to file your own tax return, although if the piece of real estate and land is jointly owned separate additional documentation will have to be provided. Married couples are jointly taxed on all income if one of the spouses has no income and is registered as a dependant on the other spouse’s return. What are the main indirect taxes in Brazil that I may need to be aware of as a real estate investor? The Imposto sobre Operações relativas à Circulação de Mercadorias e Prestação de Serviços de Transporte Interestadual e Intermunicipal e de Comunicação (ICMS) is a tax imposed on the circulation of merchandise, transportation and communication services and similar to value added taxes in other countries. A general rate of 18% applies, with specific taxes for a number of goods and services (for example, 25% for luxury goods). The Imposto sobre Propriedade de Veículos Automotores (IPVA) is a monthly tax which is paid by all motor vehicle owners. How can I find out about double taxation to ensure I can offset my liability? Double taxation treaty (DTT) agreements enable income tax paid in a number of countries to be offset against gains in Brazil and vice versa. Click on this link for detailed information on international conventions. 12 Will I have to pay social security? Social security taxes will have to be paid if you are an employer in the country (the rate will vary from state to state but usually is approximately between 5 and 9 percent). It is also worth noting that social security is tax deductible in certain circumstances (speak to your accountant as each individual case is different). How can I check that the Brazilian accountant I am working with is legitimate? The Brazilian Accounting practices adopted in Brazil (GAAP) are based on legal requirements defined in the Law and a set of several technical standards that are published by several official entities. The most reliable technical accounting standards are published by the not-for-profit organisation – Comitê de Pronunciamentos Contábeis (CPC) – which was created in 2005 as a merger of the regulatory bodies of the following entities: Abrasca, Apimec Nacional, Bovespa, Conselho Federal de Contabilidade, FIPECAFI and Ibracon. The CPC is responsible for the continual review of accounting practices as well as creating new ones compliant with International Financial Reporting Standards (IFRS). You should ensure that your accountant is fully compliant with the stipulations of the organisation (if in doubt, an email can be sent to [email protected] to verify). I have further questions... Please feel free to contact us at [email protected]. Back to Contents Page 13