Since 1996, Brazil has required companies that have foreign shareholders to report on the investments these shareholders have in the country. Brazil’s Central Bank uses this information from the Foreign Capital Census to calculate the country’s international investment position, a financial statement that outlines the country’s assets and liabilities. A positive net international investment position would indicate Brazil is a creditor nation; a negative calculation would indicate Brazil is a debtor nation.
When the requirement was initially introduced, Brazil’s Central Bank only collected this data every five years. But in 2012, the government changed the reporting requirement to an annual declaration. Now, government officials have implemented yet another change to the rules. This year, Brazil’s Central Bank implemented both one-year and five-year declarations.
According to the new rules, the five-year census is mandatory for companies headquartered in Brazil that have non-resident shareholders who have any amount of equity in the company. The five-year census is also required of Brazilian based companies that have short-term debt provided by non-residents equal to or greater than $1 million in another currency.
To meet the obligations of the Foreign Capital Census, respondents must file a declaration with the Central Bank through the Central Bank’s website, www.bcb.gov.br. The filing deadline is August 15 at 6:00 PM. Those who fail to follow the rules for the Foreign Capital Census are subject to penalties that can reach up to 250,000 Brazilian reais.
If you have any questions about the requirements to file the anual declaration with the Central Bank, contact our member firm in Brazil, Angelico Advogados.