Brazilian President Approves Taxation on Overseas Crypto Assets

Significantly, Brazil’s President Luis Inacio Lula da Silva has approved a historic bill imposing taxes on cryptocurrency assets owned by Brazilian nationals overseas. Signed on December 12, the legislation was formally published in the Diário Oficial da União the following day, representing a significant shift in Brazil’s taxation policy on cryptocurrencies. This law is scheduled to go into effect on January 1, 2024.

Despite what some initially thought, the new taxes don’t just apply to cryptocurrencies. They include gains and dividends that Brazilian taxpayers get from a variety of financial assets, such as foreign trusts, platforms, investment funds, and real estate. The Brazilian government hopes to bring in a significant amount of money; it is aiming for about 20 billion reals ($4 billion) in new taxes by the year 2024.

Strategic Early-Bird Advantage

The government is strategically encouraging early adherence to the new tax laws. Early-bird tax payment benefits will be granted to those who begin in 2023. They will pay a reduced 8% tax, payable in stages, on any income received through 2023. The first installment is due in December. The regular tax rate will be set at 15% starting in 2024. Notably, there would be no taxation on foreign profits up to 6,000 Brazilian reais ($1,200).

João Carlos Almada, controller at Brazilian stablecoin issuer Transfero, discussed the law’s consequences and emphasized the nation’s expertise with income taxation on digital assets. He did, however, stress the need for more explanation on a few legal points, namely payment for losses incurred within the allotted time. Almada expects continued talks to improve the legal framework, which will promote greater trust and openness in the marketplace.

Brazil is not the only country that examines its citizens’ cryptocurrency assets held abroad. Similar words were expressed in November by the Spanish Tax Administration Agency, which reminded people of their need to disclose cryptocurrency held overseas. But only those persons whose bank accounts show more than 50,000 euros (about $55,000) in digital assets are covered by Spain’s legislation.

Brazil’s approach underscores a larger trend of governments looking to build comprehensive rules for the taxation of digital assets stored overseas, as countries throughout the world struggle with the legislative intricacies of cryptocurrencies.