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Foreign Investment in Brazil

Foreign Investment in Brazil

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Foreign Investment in Brazil in general terms made by nonresidents in Brazil.
Foreign Investment in Brazil:

Foreign Investment in Brazil

Foreign Investment in Brazil in general terms, investments made by nonresidents in Brazil do not face a broad range of legal restrictions and are permitted in the vast majority of economic sectors. However, foreign exchange is subject to strict control by the Brazilian Central Bank; therefore, any transaction between a nonresident and a resident in Brazil is subject to foreign exchange regulations.

All such transactions must be carried out through the Brazilian Official Exchange Market..

The primary rule applicable to foreign investments:

The primary rule applicable to foreign investments is Federal Law no. 4.131/62, referred to as the “Foreign Capital Statute.” The statute empowered “CMN” (the National Monetary Council), “BACEN” (the Central Bank of Brazil) and “CVM” (the Brazilian equivalent of the US Securities & Exchange Commission) to enact regulations providing specific procedures for the registration of the different types of foreign investment in Brazil.

Under the terms of the Foreign Capital Statute, for any exchange transaction to be performed in connection with a foreign investment (e.g., the remittance abroad of dividends, interest, repatriation of principal), such foreign investments must be registered with BACEN. Additionally,

payments between certain persons and entities that are resident, domiciled or headquartered in Brazil, and entities headquartered abroad, which are not carried out through the Brazilian Official Exchange Market, are considered illegitimate foreign exchange transactions. As a result, the remitting party could be subject to an administrative fine of up to 100 percent of the amount of the relevant transaction, pursuant to Decree no. 23.258/1933.

BACEN’s Resolution 3.844/2010 further regulates foreign capital entering or existing Brazil and its registration procedures. The registration, which is done electronically, applies to foreign direct investment (foreign investment in equity) and foreign credit (financing and loans), among other things.

Foreign Investment in Brazil

INVESTMENT

Brazil is currently ranked as the world’s eighth largest economy and is considered to be among the most desirable countries in the world for foreign direct investment.

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TAX SYSTEM

Brazil constitution allocates taxing rights between federal government, states, municipal and encompasses taxes, improvement fees, contributions & compulsory loans.

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LABORHOOD LAWS

Brazilian employment conditions are regulated and governed by the rules provided by the federal Constitution, the Consolidation of the Labor Laws “CLT” and Sindicates.

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RENTAL PROPERTY

The Urban Land and Building Tax (IPTU) is assessed on ownership and possession of urban properties. IPTU is assessed annually on the value of the real property.

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