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United States ↔ Brazil · Worked example

A US company opens a subsidiary in Brazil

A US company sets up a Brazilian subsidiary to sell its products and services in Brazil, import goods from the US group, pay the group for technology and services, and employ a local team. It must work through Brazil's company registration, foreign capital, tax, foreign exchange and employment rules, and US reporting and tax on a foreign subsidiary, in a corridor with no income tax treaty.

Source-checked research100% of statements checked against a source32 checked against an official source7 checked against a secondary sourceChecked 2026-10-19Not yet professionally reviewed

This journey assumes

  • The US parent is a US corporation that will own the Brazilian company directly.
  • The Brazilian company will import and resell group products, provide local services and pay the US group royalties and service fees.
  • The business is not in a regulated or restricted sector (such as financial services, media, aviation or rural land).
  • A few US managers will be seconded to Brazil for less than five years; the rest of the team will be hired locally.
  • Rules are stated as at 19 October 2026. Brazil's consumption tax reform is in transition from 2026 to 2033 and its new 10% withholding on dividends applies from 1 January 2026.

If any assumption is wrong for your business, the conclusions change. Ask WONE Global to re-run the analysis with your facts.

Both sides of the border, issue by issue

Each row is one part of the work. The left and right columns show what each country's rules require, so you can see where one side's decision constrains the other.

Part of the workUnited StatesBrazil

Bringing US capital into Brazil and reporting it

Brazil does not require approval for a US company to invest in an ordinary business, but the Central Bank monitors foreign capital and the Brazilian company must declare the investment in the Central Bank's foreign capital system. On the US side, the parent takes on annual Form 5471 reporting and possibly BEA surveys.

United States
  • The US parent files Form 5471 and its schedules each year for the Brazilian company to meet the reporting requirements of sections 6038 and 6046.1
  • BEA's quarterly BE-577 survey is mandatory for US persons owning 10% or more of a foreign business when BEA contacts them, for affiliates above USD 500 million in assets, sales or net income.2
More in the United States guide →
Brazil
  • The Central Bank regulates and monitors foreign capital in Brazil, including flows and stocks, and may require information about it under the 2021 foreign exchange and capital law.3
  • The Brazilian company, as recipient of foreign direct investment, makes declarations in the Central Bank's foreign capital system, including an annual declaration; larger recipients also file quarterly. Thresholds and deadlines should be confirmed on the Central Bank site.4
More in the Brazil guide →

Subsidiary or branch, and which Brazilian form

A foreign company becoming a shareholder in a Brazilian company registers through the state commercial registry without prior federal authorisation, whereas a branch of the US company needs prior authorisation from DREI. Either way the US parent must be registered in the CNPJ with a representative domiciled in Brazil. The legal form also drives the US tax classification.

United States
  • A Brazilian Sociedade Anonima is a per se corporation for US tax purposes and cannot change its classification.5
  • Forms not on the per se list, such as the limitada, can be eligible entities able to elect their US classification on Form 8832, for example as a disregarded entity; this changes how the Brazilian results reach the US return.56
More in the United States guide →
Brazil
  • A foreign company becoming a shareholder or quotaholder of a Brazilian company does not need the branch authorisation; the registration is handled directly by the Juntas Comerciais.7
  • A branch of the US company needs prior authorisation requested through gov.br and currently issued by DREI, which makes it the slower and less common route.8
  • The US parent must be registered in the CNPJ as a foreign shareholder, and its CNPJ representative must be a procurador or legal representative domiciled in Brazil.9
  • Company opening through Redesim runs in three stages: viability check, registration including the company's CNPJ, and licensing, with state and municipal requirements varying by location.10
More in the Brazil guide →

Tax on both sides, with no treaty

The Brazilian company pays IRPJ at 15% plus a 10% surtax and CSLL at 9%, and since 1 January 2026 dividends paid abroad carry 10% withholding. There is no US-Brazil income tax treaty, so Brazilian domestic rates apply in full. In the United States the parent includes net CFC tested income each year and can generally deduct the foreign-source portion of dividends.

United States
  • There is no US-Brazil income tax treaty, so no treaty reduces Brazilian withholding on dividends, interest, royalties or service fees paid to the US group.11
  • From tax years beginning after 31 December 2025 the US parent includes its net CFC tested income from the Brazilian company each year, with a 40% deduction under section 250.1213
  • A 10% US corporate shareholder can generally deduct the foreign-source portion of dividends from the Brazilian company under section 245A, so the 10% Brazilian withholding on dividends should be modelled with US advisers.1415
More in the United States guide →
Brazil
  • IRPJ is 15% of taxable profit plus 10% on profit above BRL 20,000 a month, and CSLL is 9% for most companies.1617
  • Profits and dividends paid abroad are subject to 10% withholding from 1 January 2026, except profits for years up to 2025 whose distribution was approved by 31 December 2025.15
  • Groups with revenue of EUR 750 million or more pay Brazil's domestic minimum top-up tax; the 2026 side-by-side package relieves US-parented groups from IIR and UTPR but not from qualified domestic top-up taxes such as Brazil's.1819
  • Transfer pricing follows the arm's length principle under Law 14,596/2023 from 2024, related-party interest is limited by 2:1 thin capitalisation rules, and the consumption tax reform introduces CBS and IBS from 2026, with PIS and Cofins ending in 2027.202122
More in the Brazil guide →

Foreign exchange, remittances and payments to the US group

Brazil has no limit on the value of foreign exchange operations, but every operation goes through an institution authorised by the Central Bank and remittances of profits need proof that the tax due was paid. Royalties and service fees paid to the US group carry withholding and CIDE, which shape how intercompany charges are designed.

United States
  • US persons, including officers of the US parent who sign on the Brazilian accounts, must check FBAR filing where foreign accounts exceed USD 10,000 in aggregate during the year.23
  • OFAC sanctions apply to the US parent and its staff, so Brazilian counterparties, distributors and banks should be screened.24
More in the United States guide →
Brazil
  • Foreign exchange operations must go through institutions authorised by the Central Bank, and remittances of profits, dividends and similar payments abroad depend on proof that the income tax due has been paid.2526
  • Interest and royalties paid to the US group carry 15% withholding and service fees generally 15%, with no treaty relief.2711
  • Royalties and technical or administrative service fees paid abroad also attract 10% CIDE, borne by the Brazilian company.28
More in the Brazil guide →

Staff, visas, social security and employee data

US staff moving to Brazil need a work visa and residence authorisation, generally based on a job offer from the Brazilian entity. The US-Brazil social security agreement, in force since 2018, can keep seconded staff in the US system for assignments expected to last five years or less. Brazilian payroll carries a 20% employer contribution plus accident and third-party contributions.

United States
  • The US-Brazil totalization agreement has been in force since 1 October 2018 to avoid dual social security contributions on the same earnings.29
  • The detached-worker rule generally covers assignments expected to last five years or less, so plan secondment lengths and obtain coverage certificates before staff move.30
More in the United States guide →
Brazil
  • The Migration Law provides a temporary visa and residence authorisation for work, generally depending on a formal job offer from an entity in Brazil.31
  • Employers pay social security at 20% of total remuneration, plus workplace-accident and third-party contributions.32
  • Sending Brazilian employee data to the US parent is an international transfer under the LGPD, allowed only on listed bases such as standard contractual clauses, global corporate rules or specific consent.33
More in the Brazil guide →

Importing from the US group and anti-corruption

Goods imported from the US pay Brazil's import duty at the Mercosur Common External Tariff, since there is no US-Brazil free trade agreement; the 2022 trade rules protocol covers facilitation and transparency rather than tariffs. The Brazilian company is strictly liable under the Clean Company Act and the US parent remains subject to the FCPA.

United States
  • Brazil is not among the 20 US free trade agreement partners. The US-Brazil Protocol on Trade Rules and Transparency, in force since 2 February 2022, adds trade facilitation, regulatory and anti-corruption commitments without tariff cuts.3435
  • The FCPA remains law; Executive Order 14209 paused new enforcement pending review but did not repeal it, and it should be part of the subsidiary's compliance programme.36
Brazil
  • Imports from the US pay import duty at the Mercosur Common External Tariff on the customs value, and the importer must first be enabled (habilitação) in Siscomex by the Receita Federal.3738
  • Under the Clean Company Act the Brazilian company is strictly liable, administratively and civilly, for harmful acts against public administration committed in its interest.39

Structures to consider

01

Limitada owned by the US parent7910465

Fits when The group wants a straightforward operating subsidiary without outside investors, and may want flexibility over its US tax classification.

Watch for The US parent needs a CNPJ and a procurador domiciled in Brazil; registration with the Junta Comercial and Redesim licensing; Central Bank foreign capital declarations; any Form 8832 election must be planned with US advisers.

02

Sociedade Anonima owned by the US parent594

Fits when Outside investors, a later listing or more formal governance are planned.

Watch for A per se corporation for US tax purposes, so no classification election; same CNPJ, procurador and foreign capital requirements; governance requirements under the corporations law were not source-checked here.

03

Branch of the US company81617

Fits when Rarely preferred; may suit a project that the US company wants to run directly under its own name.

Watch for Needs prior authorisation from DREI and Junta Comercial registration; the US company is directly exposed to Brazilian liabilities, and the branch's profits are taxed in Brazil at IRPJ and CSLL rates like a subsidiary's; the US treatment of branch profits was not covered.

These are the structures businesses commonly weigh, not a recommendation. The right one depends on the facts listed under "What we need from you".

What has to happen first

  1. United StatesUS board approves the Brazilian subsidiary, budget and intended intercompany flows (goods, royalties, services, loans).
  2. Both sidesChoose the Brazilian form (limitada or S.A.) and its US tax classification; model Brazilian tax on intercompany payments with no treaty.After step 1
  3. BrazilRegister the US parent in the Central Bank non-resident register and the CNPJ, and appoint a procurador domiciled in Brazil.After step 2
  4. BrazilRun the Redesim viability check, register the company with the Junta Comercial and obtain its CNPJ.After step 3
  5. Both sidesOpen a Brazilian bank account and bring in the capital through an authorised foreign exchange institution; make the Central Bank foreign capital declarations.After step 4
  6. United StatesFile any Form 8832 election and set up Form 5471, FBAR and BEA reporting in the US group.After step 4
  7. BrazilObtain state and municipal licences and tax registrations, and Siscomex enablement for imports.After step 4
  8. Both sidesSign distribution, licence, services and any loan agreements and set transfer pricing, withholding, CIDE and thin capitalisation positions.After step 2, 4
  9. Both sidesObtain work visas and residence authorisations for US staff and coverage certificates under the US-Brazil social security agreement.After step 4
  10. Both sidesPut an LGPD transfer mechanism in place for employee and customer data shared with the US group, and extend the anti-corruption programme to Brazil.After step 4
  11. BrazilStart trading: imports at the Common External Tariff, invoicing under the 2026 CBS and IBS test regime, and payments to the US group through authorised institutions.After step 5, 7, 8
  12. Both sidesOngoing: Brazilian tax filings, annual Central Bank declaration, dividends with 10% withholding and proof of tax paid; US Form 5471 and net CFC tested income.After step 11

What we need from you before anyone can advise

  • Expected flows to the US group: product purchases, royalties, service fees and loans, and their size.
  • Whether outside investors or a listing are planned (limitada versus S.A.).
  • Group consolidated revenue (Brazil's minimum top-up tax and US country-by-country reporting).
  • Products, NCM classifications and whether any need Brazilian product approvals or import licences.
  • Number of US staff to be seconded, for how long, and who will employ them.
  • Where in Brazil the company will operate (state and municipal licensing and taxes).
  • Personal data the Brazilian company will share with the US group.

What this guide does not yet confirm

These points need checking with a qualified local professional before you rely on them.

  • Central Bank pages and Resolução BCB 278/2022 could not yet be checked; foreign capital declaration thresholds and deadlines rely on a November 2023 law firm note.
  • The withholding rates on interest, royalties and services, CIDE, transfer pricing and thin capitalisation rely on PwC Worldwide Tax Summaries, not on the legislation.
  • Whether a bilateral investment treaty exists between the US and Brazil was not confirmed on an official source.
  • Residence requirements for administrators of a limitada or directors of an S.A., and single-member limitada rules, were not confirmed.
  • The specific Brazilian work visa resolutions (CNIg) and the certificate of coverage procedure under the social security agreement were not confirmed.
  • IOF rates on foreign exchange operations and any 2025 or 2026 changes were not confirmed.
  • Rules of the consumption tax reform for imported services and for intercompany charges during the 2026 to 2033 transition were not checked in detail.
  • US tariff measures on imports from Brazil and any Section 301 action are outside this journey and were not confirmed.
  • The ANPD regulation on international data transfers could not yet be checked.

Brief for your advisers

Questions to put to your advisers in each country. Copy them, or download them as a text file to send with your requirement.

  1. Brazilian corporate adviser: limitada or S.A. for our subsidiary, who should be the procurador and administrator, and what does registration with the Junta Comercial require?
  2. Brazilian tax adviser: what is the total cost of paying royalties, service fees and interest to our US parent with no treaty, including withholding, CIDE and PIS and Cofins or CBS?
  3. Brazilian tax adviser: how does the 10% dividend withholding from 2026 affect our repatriation plans, and can the credit mechanism help?
  4. US tax adviser: how will net CFC tested income, section 245A and foreign tax credits work for Brazilian profits and withholding, and should the subsidiary be disregarded?
  5. Both tax advisers: what transfer pricing method will satisfy Brazil's 2024 rules and US rules for our intercompany flows?
  6. Foreign exchange adviser or bank: what Central Bank declarations must we make for the capital contribution and later, and what documents are needed to remit dividends and royalties?
  7. Immigration and payroll advisers: which visa route fits our US managers, and how do we obtain coverage certificates under the social security agreement?
  8. Data protection adviser: which LGPD transfer mechanism should we use for employee and customer data sent to the US?
  9. Customs adviser: what duty and import taxes apply to our products, and what is needed for Siscomex enablement?

Who can help, on each side

United States

Brazil

Sources and review status

Each statement is numbered to the source it was checked against. We use official sources where we can, and each statement says whether it was checked against an official or a secondary source. Sources last checked on 19 October 2026. None of it has been professionally reviewed yet: it is research checked against official and secondary sources by WONE Global, not legal or tax advice.

  1. Certain US persons who are officers, directors or shareholders of certain foreign corporations must file Form 5471 and its schedules to meet the reporting requirements of sections 6038 and 6046 of the Internal Revenue Code. Federal. Current instructions are dated December 2025 (page updated 17 September 2026). The filer categories that apply to a US parent corporation are set out in the instructions, which could not yet be checked in full.

    Internal Revenue Service — About Form 5471 · Purpose of form · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  2. BEA's quarterly survey of US direct investment abroad (BE-577) is mandatory for each US person with a direct or indirect 10% or more voting interest in a foreign business enterprise, for directly owned affiliates whose total assets, annual sales or net income exceeded USD 500 million, with reports due 30 days after each quarter (45 days for the final quarter). Federal. Only US persons contacted individually by BEA must report. Indirectly owned affiliates are reportable where they meet the USD 500 million test and have intercompany balances with the US reporter above USD 10 million. Other BEA outward surveys (BE-10, BE-11) were not checked.

    Bureau of Economic Analysis, Department of Commerce (Federal Register) — Direct Investment Surveys: BE-577, Quarterly Survey of U.S. Direct Investment Abroad - Transactions of U.S. Reporter With Foreign Affiliate (notice of reporting requirements, document 2026-05074) · Summary and supplementary information · In force from 16 March 2026 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  3. The Central Bank of Brazil regulates and monitors foreign capital in Brazil, including its flows and stocks, and may require information about it. Foreign direct and portfolio investment and foreign credit (Lei 14.286/2021, art. 10).

    Presidência da República (Planalto) — Lei nº 14.286, de 29 de dezembro de 2021 · Art. 10 · In force from 31 December 2022 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

    Effective date derived from art. 29 (one year after publication on 30 December 2021). The Central Bank's reporting rules could not yet be checked.

  4. Brazilian companies that receive foreign direct investment must make declarations to the Central Bank in its foreign capital system under Resolução BCB 278/2022, including an annual periodic declaration, with quarterly declarations required from recipients with total assets of BRL 300 million or more. Resolução BCB 278/2022 and 281/2022 as amended by Resolução BCB 348/2023. Event-driven declaration deadlines and any changes after November 2023 were not confirmed.

    Mattos Filho — BCB altera normas sobre capital estrangeiro no Brasil e capital brasileiro no exterior (14 November 2023) · Summary of Resolução BCB 348/2023 · Checked 19 October 2026 · Checked against a secondary source · Not yet professionally reviewed

    Secondary source (law firm note, November 2023). Central Bank pages and the resolutions themselves could not yet be checked; thresholds and deadlines must be confirmed on the Central Bank site.

  5. US entity classification regulations list the Brazilian Sociedade Anonima as a per se corporation, always treated as a corporation for US federal tax purposes. Federal, 26 CFR 301.7701-2(b)(8)(i). Entity forms not on the list may be eligible entities that can choose their classification.

    Legal Information Institute, Cornell Law School (US Code of Federal Regulations) — 26 CFR 301.7701-2 - Business entities; definitions · Paragraph (b)(8)(i) · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

    Regulation text reproduced by Cornell LII; the eCFR original could not yet be checked.

  6. An eligible entity uses Form 8832 to elect how it will be classified for US federal tax purposes: as a corporation, a partnership or an entity disregarded as separate from its owner. Federal. Per se corporations on the regulatory list cannot use this election. The IRS also publishes FAQs on Form 8832 for foreign eligible entities (February 2022), not yet checked.

    Internal Revenue Service — About Form 8832, Entity Classification Election · Purpose of form · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  7. A foreign company becoming a shareholder or partner of a Brazilian company does not need the branch authorisation; that procedure, governed by IN DREI 81/2020, is handled directly by the Juntas Comerciais. Foreign legal entities holding equity in Brazilian companies.

    Departamento Nacional de Registro Empresarial e Integração (DREI) — Manual de Empresa Estrangeira (27 Oct 2020) · Apresentação, p. 4 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  8. A foreign company that wants to operate a branch (filial) in Brazil must first obtain prior authorisation, requested through the gov.br portal and currently issued by DREI. Foreign companies setting up or nationalising a branch or other establishment; other executive bodies may hold competence in specific sectors.

    Departamento Nacional de Registro Empresarial e Integração (DREI) — Empresas Estrangeiras · Page text citing Lei 8.934/1994 art. 4 X and IN DREI 77/2020 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  9. A foreign entity holding shares or quotas in a Brazilian company must be registered in the CNPJ, and its CNPJ representative must be its attorney (procurador) or legal representative domiciled in Brazil with powers to manage its assets in Brazil and represent it before the Receita Federal. Instrução Normativa RFB 2.119/2022, art. 4 §2, Annex I item XVI, arts. 6 §1 and 19. For these holdings the CNPJ follows from registration in the Central Bank's non-resident register (CDNR). A foreign entity without a designated procurador may be declared inapta (art. 38).

    Normas Brasil (reproduction of Receita Federal normative instruction) — Instrução Normativa RFB nº 2119 de 06/12/2022 · Arts. 4, 6, 19, 20 and 38 · Checked 19 October 2026 · Checked against a secondary source · Not yet professionally reviewed

    Text read on a legislation compilation site; the Receita Federal normas portal could not yet be checked. Later amendments to the instruction were not checked.

  10. Opening a company through the national Redesim system runs in three stages: a viability check, registration (including the CNPJ tax number), and licensing. All business entity types registered through Redesim; state and municipal licensing requirements vary.

    Departamento Nacional de Registro Empresarial e Integração (DREI) — Orientações de abertura · Redesim section: Passo 1 Viabilidade, Passo 2 Inscrição, Passo 3 Licenciamento · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  11. The IRS list of the United States income tax treaties does not include Brazil, so there is no US-Brazil income tax treaty. Comprehensive income tax treaties listed by the IRS as at October 2026. Without a treaty, US and Brazil domestic withholding rates apply in full to cross-border dividends, interest, royalties and service fees.

    Internal Revenue Service — United States income tax treaties - A to Z · Alphabetical list of treaty countries · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  12. For taxable years beginning after 31 December 2025, each United States shareholder of a controlled foreign corporation must include its net CFC tested income in gross income; Public Law 119-21 renamed this inclusion from global intangible low-taxed income (GILTI). Federal, 26 USC 951A as amended by Pub. L. 119-21, section 70323. Applies to US shareholders (generally 10% owners) of controlled foreign corporations.

    Legal Information Institute, Cornell Law School (US Code) — 26 U.S. Code 951A - Net CFC tested income included in gross income of the United States shareholders · Subsection (a) and amendment notes · In force from 1 January 2026 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  13. For taxable years beginning after 31 December 2025, a domestic corporation may deduct 40% of its net CFC tested income amount (with the related section 78 amount), reduced from 50%, and 33.34% of its foreign-derived deduction eligible income, reduced from 37.5%. Federal, 26 USC 250(a)(1) as amended by Pub. L. 119-21, section 70321.

    Legal Information Institute, Cornell Law School (US Code) — 26 U.S. Code 250 - Foreign-derived deduction eligible income and net CFC tested income · Subsection (a)(1) and effective-date note · In force from 1 January 2026 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  14. A domestic corporation that is a United States shareholder of a specified 10-percent owned foreign corporation may deduct the foreign-source portion of dividends received from it. Federal, 26 USC 245A(a). Does not apply to hybrid dividends (245A(e)), where the foreign company obtained a deduction or other tax benefit for the payment. Holding period and foreign tax credit interactions could not yet be checked.

    Legal Information Institute, Cornell Law School (US Code) — 26 U.S. Code 245A - Deduction for foreign source-portion of dividends received by domestic corporations from specified 10-percent owned foreign corporations · Subsections (a) and (e) · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  15. Profits or dividends paid, credited or remitted abroad are subject to 10% withholding income tax from 1 January 2026, except profits relating to results up to calendar year 2025 whose distribution was approved by 31 December 2025. Non-resident beneficiaries; an optional credit mechanism (Lei 9.249/1995, art. 10-A) may be claimed within 360 days, subject to regulation. Treaties may affect the rate.

    Presidência da República (Planalto) — Lei nº 15.270, de 26 de novembro de 2025 · Amendments to Lei 9.249/1995, art. 10 §§4-5 and art. 10-A; art. 8 (effects) · In force from 1 January 2026 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

    Before 2026 dividends were exempt. Withholding rates on interest, royalties and services were not confirmed on an official page.

  16. Corporate income tax (IRPJ) is 15% of taxable profit, plus an additional 10% on the portion of profit exceeding BRL 20,000 per month. Applies under real, presumed or arbitrated profit regimes; the BRL 20,000 is multiplied by the number of months in the assessment period.

    Receita Federal do Brasil — IRPJ (Imposto sobre a renda das pessoas jurídicas) · Alíquotas section · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

    Page last updated 21 August 2023.

  17. The social contribution on net profit (CSLL) is 9% for legal entities in general and 15% for entities treated as financial institutions, private insurers and capitalisation companies. Rates in force since 1 May 2008 per the page; certain financial institutions are subject to different rules not detailed here.

    Receita Federal do Brasil — CSLL (Contribuição social sobre o lucro líquido) · Alíquotas section · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  18. Brazil applies a domestic minimum top-up tax (Adicional da CSLL) of up to the gap to a 15% effective rate for constituent entities of multinational groups with annual revenue of EUR 750 million or more in at least two of the four preceding years, from 1 January 2025. Pillar Two QDMTT under Lei 15.079/2024; payment due by the last business day of the seventh month after the fiscal year end.

    Receita Federal do Brasil — AdCSLL (Adicional da Contribuição Social sobre o Lucro Líquido) · Page text · In force from 1 January 2025 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

    The page states the OECD Inclusive Framework accepted the AdCSLL as a qualified domestic minimum top-up tax in August 2025.

  19. Under the side-by-side package, qualified domestic minimum top-up taxes and GloBE Information Return obligations continue to apply, including to local subsidiaries of US-parented groups. Relief covers the IIR and UTPR only.

    Grant Thornton — OECD side-by-side Pillar 2 package · Side-by-side safe harbor; key takeaway · In force from 1 January 2026 · Checked 18 October 2026 · Checked against a secondary source · Not yet professionally reviewed

    Secondary source; confirm against the OECD publication.

  20. Law 14,596/2023 makes the arm's length principle the basis of Brazilian transfer pricing, removing the former fixed margins; it was optional for 2023 and mandatory from fiscal year 2024. Federal (IRPJ and CSLL). Implemented first by IN RFB 2,161/2023. Brazil requires a country-by-country report, but master and local files are not yet required according to the source.

    PwC Worldwide Tax Summaries — Brazil - Corporate - Group taxation · Transfer pricing · In force from 1 January 2024 · Checked 19 October 2026 · Checked against a secondary source · Not yet professionally reviewed

    Secondary source (last reviewed 23 September 2026); the underlying Brazilian legislation could not yet be checked for this point.

  21. Interest paid by a Brazilian company to a related party abroad is deductible only if the debt does not exceed twice the related lender's equity participation (2:1), or 0.3:1 for any lender in a tax haven or privileged tax regime. Federal thin capitalisation rules; the debt must also be necessary for the company's activities.

    PwC Worldwide Tax Summaries — Brazil - Corporate - Group taxation · Thin capitalisation · Checked 19 October 2026 · Checked against a secondary source · Not yet professionally reviewed

    Secondary source (last reviewed 23 September 2026); the underlying Brazilian legislation could not yet be checked for this point.

  22. Under the consumption tax reform, 2026 is a test year in which CBS is charged at 0.9% and IBS at 0.1%, offset against PIS and Cofins; in 2027 PIS and Cofins are extinguished, IPI falls to zero except to protect the Manaus Free Trade Zone, and the Selective Tax (Imposto Seletivo) starts. Federal CBS replaces PIS/Cofins; IBS is shared by states and municipalities. In 2027 and 2028 IBS is charged at 0.1% and CBS at its rate reduced by 0.1 point. Test-year amounts are waived for taxpayers meeting their reporting obligations.

    Receita Federal do Brasil — Entenda a Reforma Tributária do Consumo · Transition timeline · In force from 1 January 2026 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

    Reform enacted by Constitutional Amendment 132/2023 and Lei Complementar 214/2025 (amended by LC 227/2026). Page updated 16 October 2026. Final CBS and IBS reference rates are set by Senate resolution and were not confirmed.

  23. A US person, including a corporation, partnership or LLC, with a financial interest in or signature authority over foreign financial accounts whose combined value exceeds 10,000 US dollars at any time in the calendar year must file FinCEN Form 114 (FBAR) electronically, due 15 April of the following year with an automatic extension to 15 October. Federal. Applies to a US subsidiary that holds accounts abroad, for example with its foreign parent's bank.

    Internal Revenue Service (IRS) — Report of Foreign Bank and Financial Accounts (FBAR) · Who must file; when and how to file · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  24. The Office of Foreign Assets Control (OFAC), part of the US Treasury, administers and enforces US economic and trade sanctions, using asset blocking and trade restrictions against targeted countries, regimes and persons. Federal. Programmes include Russia-related, Iran, North Korea, Cuba, Venezuela-related, counter-narcotics and cyber-related sanctions.

    US Department of the Treasury, Office of Foreign Assets Control — Office of Foreign Assets Control (home page) · About OFAC · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

  25. Foreign exchange operations must be carried out through institutions authorised by the Central Bank of Brazil. Lei 14.286/2021, art. 3.

    Presidência da República (Planalto) — Lei nº 14.286, de 29 de dezembro de 2021 · Art. 3 · In force from 31 December 2022 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  26. Remittances abroad of profits, dividends and similar payments depend on proof that the income tax due has been paid. Outbound remittances on foreign capital (Lei 14.286/2021, art. 22).

    Presidência da República (Planalto) — Lei nº 14.286, de 29 de dezembro de 2021 · Art. 22 · In force from 31 December 2022 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  27. Brazil withholds income tax at 15% on interest and royalties paid to non-residents in non-treaty countries (25% for tax-haven recipients), and generally at 15% on service fees. Federal withholding income tax (IRRF). The source lists no US treaty rates, consistent with the absence of a Brazil-US tax treaty. Other transactional taxes also apply to payments abroad.

    PwC Worldwide Tax Summaries — Brazil - Corporate - Withholding taxes · Withholding tax table · Checked 19 October 2026 · Checked against a secondary source · Not yet professionally reviewed

    Secondary source (last reviewed 23 September 2026); the underlying Brazilian legislation could not yet be checked for this point.

  28. CIDE is levied at 10% on remittances abroad for royalties and for administrative and technical services provided by non-residents, and is payable by the Brazilian entity. Federal contribution. It is a cost of the Brazilian payer and is not creditable to the recipient. PIS and COFINS on imported services also apply until replaced by CBS under the consumption tax reform.

    PwC Worldwide Tax Summaries — Brazil - Corporate - Other taxes · Contribution for Intervention in the Economic Domain (CIDE) · Checked 19 October 2026 · Checked against a secondary source · Not yet professionally reviewed

    Secondary source (last reviewed 23 September 2026); the underlying Brazilian legislation could not yet be checked for this point.

  29. The United States and Brazil have a social security (totalization) agreement in force since 1 October 2018. Agreements aim to eliminate dual social security coverage and taxation of the same earnings.

    Social Security Administration — U.S. International Social Security Agreements · Table: Countries with Social Security Agreements · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

    The page carries a certification date of 25 November 2019 but lists agreements entering into force as late as 1 September 2026, so it is maintained.

  30. Under US totalization agreements the detached-worker rule generally applies to employees whose assignments in the host country are expected to last five years or less. The detached-worker rule keeps a temporarily transferred employee covered by the home country's system only; the Italy agreement has no such rule. The certificate of coverage procedure for Brazil was not checked.

    Social Security Administration — U.S. International Social Security Agreements · Table: Countries with Social Security Agreements · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

    The page carries a certification date of 25 November 2019 but lists agreements entering into force as late as 1 September 2026, so it is maintained.

  31. The Migration Law provides a temporary visa and a residence authorisation for the purpose of work. Foreign nationals; under art. 14 §5 the work visa generally depends on a formal job offer from an entity in Brazil, with an exception for higher-education graduates, as set out in regulation.

    Presidência da República (Planalto) — Lei nº 13.445, de 24 de maio de 2017 (Lei de Migração) · Art. 14, I, e and §5; art. 30, I, e · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  32. Employers pay a social security contribution of 20% on the total remuneration paid, due or credited to employees during the month. General rule for legal entities; sector regimes (such as payroll-tax relief schemes) may differ.

    Receita Federal do Brasil — Contribuições previdenciárias das pessoas jurídicas · Section 1.1 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  33. International transfers of personal data are permitted only in listed cases, including adequacy, safeguards such as standard contractual clauses or global corporate rules, authorisation by the national authority, and specific consent. LGPD art. 33; the ANPD regulation on international transfers could not yet be checked.

    Presidência da República (Planalto) — Lei nº 13.709, de 14 de agosto de 2018 (LGPD) - texto compilado · Art. 33 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  34. The United States has comprehensive free trade agreements in force with 20 countries: Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Jordan, Korea, Mexico, Morocco, Nicaragua, Oman, Panama, Peru and Singapore. Federal. Japan is covered by separate limited agreements (including a critical minerals agreement) that USTR does not count as free trade agreements.

    Office of the United States Trade Representative (USTR) — Free Trade Agreements · Introductory paragraph and list · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

    CBP's free trade agreements page lists the same 14 agreements.

  35. The US-Brazil Protocol Relating to Trade Rules and Transparency, which adds commitments on trade facilitation, good regulatory practices and anti-corruption to the 2011 Agreement on Trade and Economic Cooperation, entered into force on 2 February 2022. Bilateral. The Protocol does not set out tariff reductions; the US and Brazil have no free trade agreement.

    Office of the United States Trade Representative — U.S.-Brazil Protocol Relating to Trade Rules and Transparency Enters into Force · Press release, 2 February 2022 · In force from 2 February 2022 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  36. Executive Order 14209, signed on 10 February 2025, directed the Attorney General to review FCPA enforcement policy for 180 days, not to start new FCPA investigations or enforcement actions without an individual exception, and to issue updated guidelines; it did not repeal the Foreign Corrupt Practices Act. Federal. The FCPA (15 USC 78dd-1 and following) remains law, and its statute of limitations is unaffected by the order.

    Office of the Federal Register (GovInfo) — Executive Order 14209: Pausing Foreign Corrupt Practices Act Enforcement To Further American Economic and National Security (90 FR, No. 30, 14 February 2025) · Sections 2 and 3 · In force from 10 February 2025 · Checked 18 October 2026 · Checked against an official source · Not yet professionally reviewed

    The point about the statute of limitations is our reading; the order does not mention it.

  37. Brazil applies the Mercosur Common External Tariff (TEC), in force since 1 January 1995 and based on the Mercosur Common Nomenclature (NCM), to imports from non-member countries; Mercosur is described officially as an imperfect customs union. Mercosur founding members are Argentina, Brazil, Paraguay and Uruguay; Venezuela is suspended and Bolivia is acceding.

    Portal Siscomex (Governo Federal) — Mercosul · Page text · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

    Page last updated 4 January 2024.

  38. Registration (habilitação) of importers, exporters and other operators to use Siscomex is the exclusive responsibility of the Receita Federal. All foreign trade operators.

    Portal Siscomex (Governo Federal) — Habilitação no Siscomex · Page text · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

  39. The Clean Company Act (Lei 12.846/2013) makes legal entities strictly liable, administratively and civilly, for harmful acts against public administration committed in their interest or benefit. Covers companies and foreign companies with a head office, branch or representation in Brazil (art. 1, sole paragraph).

    Presidência da República (Planalto) — Lei nº 12.846, de 1º de agosto de 2013 · Arts. 1 and 2 · Checked 19 October 2026 · Checked against an official source · Not yet professionally reviewed

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