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Taxes for retirees / when to file

Kurterino

So I have finally found an accountant to do my taxes, but he isn鈥檛 sure if I have to file at all. (I figure it doesn鈥檛 matter all that much if he鈥檚 well versed in taxes for immigrants, since my situation is pretty straightforward, it shouldn鈥檛 be hard to do).

So it鈥檚 about last year (2024), and during that year I was still going back and forth a lot (between Switzerland and Brazil), but my understanding was that you have to file taxes if you spend more than 180 days per calendar year in Brazil. Since I spent 6 months and 20 days in Brazil, I do have to fill out the declaration, don鈥檛 I? It鈥檚 important to me since I鈥檒l want to renew my visa.


If I do have to file, I know that I鈥檝e missed the deadline, which is April(?). Does anyone know the consequences for a delay? Will I have to pay a fine?


I have a retirement visa, if that matters.

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abthree

07/28/25 @Kurterino.聽 The deadline is normally April 30, but it was "temporarily" moved back to May 31 during the pandemic, and hasn't returned yet.


Technically there's a fine if you were required to file, but if you have a professional opinion that you didn't have to file for 2024, I'd go with that.聽 In your place, I'd press the accountant a little harder for something clearer than "I'm not sure" on whether you need to file or not, and at least make a note to your files of the conversation.聽 If he'd be willing to give you a brief "laudo", a written opinion, even better.聽


Do Switzerland and Brazil have a tax treaty?聽 If so, that should define your obligations.

Kurterino

So I鈥檓 here on a retirement visa, and I spent more than 180 days here last year, which means I have to pay taxes. Luckily, Brazil and Switzerland do have a treaty, and this agreement states that people who get a pension have to pay taxes for this type of income only to the country which is paying said pension. Meaning I don鈥檛 have to pay taxes in Brazil, but in Switzerland, at least as long as I still have an address there (which is the case).

My question is: do I still have to declare this income in Brazil, if only to 鈥減rove鈥 that I don鈥檛 have to pay taxes here? Maybe I have to show the tax bill from Switzerland? Or can I just do nothing, knowing that I鈥檓 not owing taxes here?

Unfortunately my accountant isn鈥檛 particularly proficient with such cases, and it鈥檚 probably gonna be difficult to find one that is, so hopefully someone in here has been in a similar situation?聽

Ipanema777

Under the Brazilian tax law you are a 鈥渢ax resident鈥澛 if you exceed 183 days per year in Brazil (it does not have to be a continuous stay).


So the the answer a lawyer or accountant should give you is that you are required to file. But few Brazilian lawyers or accountants actually know about immigrant tax law.


It is unclear if the tax authority - Receita Federal - has sufficient visibility into the immigration system - controlled by the Pol铆cia Federal - to easily detect that you exceeded the 183 day limit.


So, given the tax treaty you could reasonably not file for 2024 and simply wait. The tax system in Brazil is slow and they don鈥檛 arrest you (like in the USA). The Receita Federal has five years to discover your mistake.


However you definitely should file for 2025 with a tax attorney who knows how to prepare taxes for legal resident non-citizens.


For more information I鈥檇 suggest going to the YouTube channel titled 鈥淚nvest and Inherit in Brazil鈥 where you will find many videos about taxes for non-citizen tax residents.

Kurterino

I spoke with my accountant, and he confirmed that I don鈥檛 have to pay taxes on my pension, however I still have to declare it. So I decided to go ahead and file for last year, even though it鈥檚 too late and I鈥檒l have to pay a fine. According to my accountant, the fine is 165 Reais. I prefer to pay this fine and have peace of mind, since I鈥檒l have to renew my visa soon. I would regret having my renewal denied for such a small amount, even if the risk is low.