February / 2020
Currently, Brazilian individuals and legal entities that hold assets abroad in an amount equal to or greater than US$100.000 (one hundred thousand dollars) are obliged to annually present the declaration of Brazilian Capitals Abroad (CBE).
The period for sending the statement began on February 15 and expires April 5, 2020, at 6:00 pm, and must be delivered in digital form, by filling the form available in the online system of the Brazilian Central Bank.
The obligation occurs in relation to assets abroad verified up to December 31, 2019, and in the statement must be informed: origin, nature and characteristics of these assets.
In addition, BACEN Resolution n. 3,854 also requires a quarterly declaration for those persons who hold capital invested abroad in amounts exceeding US$ 100.000.000,00 (one hundred million dollars), in March 31, 2020, June 30, 2020 and September 30, 2020. Therefore, those that fits on this modality should present the quarterly statement of CBE, respectively in the months of April, July and October of 2020.
It is important to note that it may also be considered as Brazilian assets abroad the values of any nature, whether in currency, assets and/or rights held outside the national territory by individuals or legal entities resident, domiciled or headquartered in Brazil, according to the tax legislation.
Thus, lack of information, omission and/or the non-declaration of assets to the competent federal authority, which is the Central Bank, is considered a crime against the National Financial System, typified in article 22 of the Financial Crimes Act (Law n. 7.492 / 86), and, in addition to penalties in the criminal scope, the infringing part shall be subject to fines provided for in article 60 of BACEN Circular 3.857/17.
vlm|a is at the disposal of its clients for more information on the subject.