According to the Resolution No. 3,854 / 2010, issued by the National Monetary Council and Circular No. 3,624 / 2013 issued by the Central Bank of Brazil (“Bacen”), all individuals or legal entities resident, domiciled or headquartered in Brazil , holding assets and / or rights abroad, in amounts equal to or greater than USD 100,000.00, or its equivalent in other currencies, shall present the Declaration of Brazilian Capitals Abroad (“CBE Statement”), with a base date of December 31 of the immediately preceding year.
In addition, these legal provisions establish that individuals or legal entities that hold securities, assets and / or rights abroad in amounts equal to or greater than USD 100,000,000.00 or equivalent in other currencies – in addition to being required to file the annual declaration referred to above – shall also provide the CBE Statement on a quarterly basis for the base dates of March 31, June 30 and September 30 of the current year.
The dates for delivery of the CBE 2017 Declarations are the following:
– The annual CBE declaration of 2016, referring to the base date of December 31, 2016, shall be delivered between 10:00 AM on February 15, 2017 and 6:00 PM on April 5, 2017
– The quarterly statement referring to the base date of March 31, 2017 must be submitted between May 1, 2017 to June 6, 2017
– The quarterly statement referring to the base date of June 30, 2017 shall be submitted between July 31, 2017 to September 6, 2017 at 6:00 pm
– The quarterly statement referring to the base date of September 30, 2017 must be submitted between October 31, 2017 and December 6, 2017 at 6:00 pm
The aforementioned CBE Statements shall be provided to the Central Bank, through the form available on the Bacen’s website – www.bcb.gov.br – and shall include information on the following assets and rights: i) deposit; (Ii) currency lending; (Iii) financing; Iv) leasing; V) direct investment; Vi) portfolio investment; Vii) application in derivative financial instruments; And viii) other investments, including real estate and other assets.
Those responsible for delivering the CBE Statement must keep the supporting documentation of the information provided for a period of five years, starting from the date of the respective CBE Statement, for submission to the Bank, if requested.
The natural and juridical persons that have joined the Special Regime of Exchange and Tax Regulation (RERCT) established by Law 13.254 / 2016, better known as the Repatriation Law, and which have retained resources, assets or rights abroad, should keep in mind this Declaration when they meet the above requirements.