Brazil signs its overseas crypto tax bill into law



The President of Brazil, Luis Inácio Lula da Silva, has signed a law introducing the taxation of crypto assets held abroad by the country’s citizens. 

Lula signed the law on Dec. 12, which was then published the following day in the official Gazette of the Union. With some reservations, the law will come into force from Jan. 1, 2024.

The new taxes will not apply exclusively to crypto but also to profits and dividends gained by Brazilian taxpayers from investment funds, platforms, real estate or trusts abroad. The Brazilian government intends to collect around 20 billion reals ($4 billion) of new taxes next year.

Related: IRS lists 4 crypto crimes among its top cases in 2023

Those who begin paying the taxes this year are being offered an early-bird advantage: they’ll pay a levy of 8% on all income made up to 2023 in installments, with the first installment beginning in December. Starting next year, the tax rate will be set at 15%. Overseas earnings up to 6,000 Brazilian reais (~$1,200) will be exempt from taxation.

Speaking to Cointelegraph, João Carlos Almada, Controller at Transfero, a Brazilian stablecoins issuer, explained that the taxation of digital asset income is not exactly something new to the country. However, there are aspects of the law that could use some clarification:

“Some points in the text need improvement, for example, compensation for losses in the period, something similar to the tax rules for stock assets. I believe that with regulation evolving in the country, we will go through new discussions on this topic, aiming to provide even greater transparency to the market, thus generating more credibility.”

Brazil isn’t the only country that’s been eyeing the overseas crypto holdings of its citizens. In November, the Spanish Tax Administration Agency also reminded its citizens about their obligations to declare crypto stored overseas. However, that demand concerns only individuals with balance sheets exceeding the equivalent of 50,000 euros (around $55,000) in digital assets. 

Additional reporting by Cassio Gusson

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