Is Your Offshore Company Costing You 15%?

Brazil’s CFC rules are automatic — and shocking.

Brazil treats your foreign company’s profits as yours on Dec 31 — even if the money stays offshore. No deferral, no exceptions. It’s the law under Lei 12.973/2014.

150%

Penalties for non-compliance can reach up to 150% of the tax owed, plus criminal charges for evasion.

For many expats and investors, this comes as a shock.

Calculate your foreign profit correctly

File your Brazilian tax return by the deadline

Pay the 15% flat tax annually

✘ Mito

I can avoid tax by never bringing profits back to Brazil.

✓ Verdade

Brazil taxes profits annually as if they were distributed — no matter where the cash is.

Who is considered a controller?

Anyone with >50% voting capital or power to appoint admins, or >50% equity in tax havens.

Dica

Pro tip: Even a US LLC that is disregarded for US tax can be taxed as a separate company in Brazil. Get professional advice.

Don’t gamble with penalties up to 150%. Understand your obligations and file correctly.

Get our Full CFC Guide