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Brazil Establishes Rules for Filing Annual Income Tax Returns for 2021 by Individuals Resident in Brazil — Orbitax Tax News & Alerts

Brazil has published Normative Instruction RFB No. 2.065 of 24 February 2022, which establishes rules for the filing of annual income tax returns (declarations) in 2022 in respect of the 2021 calendar year by individuals resident in Brazil. This includes that returns must be filed by individuals who, in the 2021 calendar year:

  • Received taxable income, subject to adjustment in the return, exceeding BRL 28,559.70;
  • Received exempt or non-taxable income, or income taxed exclusively at source, exceeding BRL 40,000;
  • Obtained, in any month, taxable capital gains on the sale of assets or rights, or carried out transactions on stock, commodities, or futures exchanges, and the like;
  • In relation to rural activity:
    • obtained gross revenue exceeding BRL142,798.50; or
    • intends to set off, in the 2021 calendar year or later, losses from previous calendar years or the 2021 calendar year;
  • Held, as on 31 December 2021, goods or rights, including bare land, with a total value exceeding BRL 300,000.00;
  • Became a resident in Brazil in any month (during 2021) and had resident status on 31 December 2021; or
  • Opted for exemption from income tax on capital gains earned on the sale of residential properties under the terms of art. 39 of Law No. 11,196 of 21 November 2005 (requires use of proceeds to acquire residential property in Brazil within 180 days).

Individuals required to file returns must file online during the period 7 March to 29 April 2022. Tax payments may be made in up to 8 monthly and successive installments with a minimum payment of BRL 50 per installment, although if the tax due is less than BRL 100, it must be paid in a single installment. The first or single installment must be paid by 29 April 2022, with additional installments due by the last business day of each month.