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Brazil Extends Provisional Measure for Temporary Withholding Tax Exemption for Non-Residents on Income from Certain Bonds, Securities, and Investment Funds — Orbitax Tax News & Alerts

Brazil has published National Congress Act No. 78 of 2022, which extends the period of validity of Provisional Measure No. 1.137 of 21 September 2022 by an additional 60 days. As previously reported, Provisional Measure No. 1.137 provides a temporary exemption from withholding tax (0% rate) on specified income derived by beneficiaries resident or domiciled abroad (non-residents). Subject to certain conditions, this includes an exemption from 1 January 2023 to 31 December 2027 on income derived from:

  • Bonds or securities subject to public distribution, issued by legal entities governed by private law and not classified as financial institutions;
  • Credit rights investment funds, regulated by the Securities and Exchange Commission, the originator or assignor of which is not a financial institution; and
  • Financial letters issued by financial institutions and other institutions authorized to operate by the Central Bank of Brazil.

Note - Provisional Measures must be extended or converted into law within 60 days to remain in force.