Brazil — Orbitax Country Chapters

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Brazil — Orbitax Country Chapters

Table of Contents

ABOUT THE AUTHOR

1. FORMS OF DOING BUSINESS

1.1. Main Forms of Doing Business with a Legal Presence

1.1.1. Main Forms of Doing Business

1.1.1.1. Specific Uses of Available Legal Entities

1.1.1.1.1. Group of Companies

1.1.1.1.2. Joint Venture

1.1.1.1.3. Acquisition of a Target Company and Leverage

1.1.1.1.4. Intercompany Financing

1.1.1.1.5. Real Estate Development

1.1.1.1.6. Family Holding Company and Estate Planning

1.1.1.1.7. International Tax Planning and Conduit Structures

1.1.1.2. Types of Partnerships and Hybrid Entities Available for International Business / Structuring

1.1.2. Advantages and Drawbacks

2.1. Main Formation Requirements

2.1.1. Incorporation procedures

2.1.2. Registrations

2.1.3. Specific Requirements for Foreign Entities

2.2. Tax Consequence of Contributions

2.2.1. The Contributor is a Resident Individual Shareholder

2.2.2. The Contributor is a Resident Corporate Shareholder

2.2.3. The Contributor is a Foreign Person

3. CORPORATE RESIDENCE

3.1. Corporate Tax Residence

3.2. Practical Aspects of Tax Residence

3.3. Potential Exclusion from Treaty Benefits for Failure to Meet Residence Test

3.4. Potential Acquisition of Tax Residence Status by Foreign Entities

3.5. Tax Consequences of Acquisition or Loss of Tax Residence

4. PERMANENT ESTABLISHMENTS

4.1. Foreign PE of a Domestic Entity

4.2. Domestic PE of a Foreign Entity

4.2.1. Branch-PE

4.2.2. Fixed Place of Business-PE

4.2.3. Agency PE

4.2.4. Commissionaire-PE

4.3. PE Force of Attraction Principle

4.4. Branch Profit (Deemed) Remittance Tax

4.5. PE Risk Grid for Foreign Entities Involved in Business Activities

5.1. Tax Base for Resident Entities

5.1.1. Real Profit Regime

5.1.2. Presumed Profit Regime

5.1.3. Arbitrary Profit Regime

5.1.4. Currency and Tax Compliance Special Regime (Regime Especial de Regularização Cambial e Tributária - RERCT)

5.2. Treatment of Foreign Profits / Losses

5.3. Tax Consolidation / Group Treatment

5.4. Tax Base for Non-Resident Entities

5.5. Source Rules with Respect to Income Derived by Non-Residents

5.5.1. Treatment of Internal Dealings and Transfers

5.5.2. Dividends, Interest and Royalties

5.5.3. Services

5.5.4. Other Income

5.5.5. Capital Gains

5.6. Qualification of Specific Income Categories for Tax Purposes

5.6.1. Technical Services and Technical Assistance

5.6.2. Software

5.6.3. Interest on Net Equity

6. DETERMINATION OF TAXABLE INCOME

6.1. Main Rules Governing the Determination of Taxable Income

6.2. Main Differences between Commercial and Tax Accounting

6.3. Depreciation and Amortization

6.4. Reserves and Provisions

6.5. Deduction of Cross-Border Payments and Non-Deductible Expenses

6.6. Excluded and Segregated Income

8.1.1. Corporate Income Tax

8.1.2. Other Taxes

8.2. Non-Residents

8.2.1. Corporate/Profit Taxes

8.2.2. Withholding Taxes

8.3. Exit Strategies

9. FOREIGN TAX CREDITS

10. INCENTIVES AND SPECIAL REGIMES

10.1. Holding Regimes

10.2. Financing Regimes

10.3. Intellectual Property Management Regimes

10.4. Specific Regimes

10.5. Other Regimes

10.6. Incentives

11. BUSINESS TRANSFORMATION AND RE-ORGANIZATION

12. VAT ON INTERNATIONAL TRANSACTIONS

12.1. VAT on the Supply of Goods by Non-Residents

12.2. VAT on the Supply of Services by Non-Residents

12.3. Refund of VAT to Non-Residents

13. BASE PROTECTION AND ANTI-AVOIDANCE MEASURES

13.1. GAAR and General Anti-Avoidance Measures

13.2. Thin-capitalization and other Restrictions to Interest Deduction

13.3. CFC and Similar Regimes

13.4. Transfer Pricing

13.4.1. Main Rules

13.4.2. Specific TP Issues

13.4.3. Documentation Requirements

13.4.4. APAs and Dispute Resolution Mechanisms

13.5. Other Anti-Avoidance Rules

14. TAX MANAGEMENT AND COMPLIANCE

14.1. Books and Records

14.2. Type of Assessment

14.3. Calendar of Important Compliance Events

14.4. Tax Audits

14.4.1. Audit Process

14.4.2. Statute of Limitations

14.5. Interest and Penalties

14.6. Interest Compensation for Overpayment of Tax

14.7. Appeal Procedures

ABOUT THE AUTHOR

Victor Polizelli is the Coordinator of the LLM in International Tax Law at the Brazilian Institut...