Sylvio Torres Advogados e Associados

Foreign Citizens

What is the CPF?

The CPF is the document that identifies the individual taxpayer before the Brazilian Federal Revenue Bureau. The CPF stores registration information of individuals provided by that very individual and by other systems provided by the Brazilian Federal Revenue.

Is the foreigner allowed to have a CPF?

Yes. The CPF is the taxpayer’s identification number before the Federal Revenue Bureau, and it is necessary for the foreign investor who intends to purchase real estate properties or open a company in Brazil.

Must the foreign citizen who intends to acquire assets in Brazil have a CPF?

All the Brazilian and foreign citizens who intend to own assets or rights in Brazil must be registered before the Federal Revenue Bureau, for the purpose of obtaining a CPF.

Is the CPF individual?s registration mandatory for those who live abroad?

The CPF individual’s registration is mandatory for those who live abroad if the own: real estate properties, vehicles, boats, airplanes, stock participation, bank accounts, including non-resident accounts and investments in financial market and stock exchange, in Brazil.

Does the CPF registration or the acquisition of assets qualify the foreign citizen as a resident?

No. The mere CPF registration does not characterize residence, and therefore does not make the individual subject to the tax laws that apply to local taxpayers.

Does the CPF registration generate any tax obligation to the foreign individual?

Registration shall not immediately generate any tax obligations regarding tax collection, except if the foreigner receives taxable income in Brazil, in which case, the levied taxes shall be withheld upon remuneration.

Is the foreign citizen who holds a CPF but has no income in Brazil subject to any type of obligation?

Yes. CPF registration shall generate accessory obligations for the foreign citizen, who shall submit an annual income statement of exemption.

What does the foreigner have to do in order to obtain a CPF?

He shall submit a notarized copy of his passport (photograph page) and the following information: full name, father’s and mother’s full name, nationality, marital status, address, ZIP code, passport number, date and place of birth.

What is the CNPJ?

Similar to the CPF, the CNPJ is the registration of taxpaying corporations managed by the Brazilian Federal Revenue, which registers the information from corporations and some entities not characterized as such.

Is this registration mandatory?

The CNPJ is mandatory for all Brazilian companies and for foreign companies that wish to invest in the country.

What are the documents required to register before the CNPJ?

The registration, modification of registration data, and write off of the CNPJ shall be mandatorily formalized by means of the following documents: i) Basic CNPJ Registration Document (Documento Básico de Entrada do CNPJ), or an FCPJ transmission protocol; ii) Corporation’s Registration Form, in this case attached to the certificate of registration of the company and to the board of shareholders or administrators (QSA).

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