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- 02/03/23

Brazilian tax authorities issue new rules for individual’s tax return

Last week, the Normative Instruction RFB nº 2134/2023 was published to present amendments regarding the Individual Income Tax Declaration (DIRPF).

Among the subjects covered, the Normative Instruction sets forth the following cases that obliges the filing:

  • Received taxable income above BRL 28,559.70 in 2022.
  • Received exempt income, non-taxable or taxed exclusively at source, in amounts exceeding R$ 40,000.00.
  • Obtained capital gain on the sale of assets or rights subject to the incidence of the Tax.
  • Carried out sales operations on stock, commodity, futures, and similar exchanges (i) whose sum was greater than R$ 40,000.00; or (ii) with calculation of net gains subject to the levy of tax.
  • Obtained gross revenue from rural activity in an amount greater than BRL 142,798.50 or if it intends to compensate in 2022 or for later years the accumulated losses of previous years or registered in 2022.
  • Had, on December 31, 2022, possession or ownership of assets or rights, including bare land, with a total value greater than BRL 300,000.00.
  • Became a resident in Brazil in any month and in that condition and remained at least until December 31; or
  • Opted for exemption from Income Tax levied on capital gains on the sale of residential properties, when the proceeds from the sale were applied to the acquisition of residential properties located in the country, within a period of 180 days, counted from the execution of the sales contract.

In addition to defining the criteria for mandatory filing, the Normative Instruction also presents news about the pre-filled tax return, that is, the tax authorities will provide a draft of the declaration to be sent with the inclusion of amounts already held in their system.

We are at your disposal to discuss any doubts regarding this matter.

 

Wealth Planning Team – Abe Advogados