Brazil: Purchase Process

Below is the standard purchase process in Brazil, and issues that may affect that purchase:

• Ownership of land and property by foreigners is permitted, and all property is freehold.
• Once a buyer has found a suitable investment property, it is necessary to apply for a certificate known as Certidao de Onus Reais. (This is not required if you are buying an off-plan property).
• For off-plan purchases it is advisable to carry out all due diligence with regards to checking building licenses are in place, the land is properly registered and has 'copia da escritura publica' and a certificate from the notary.
• Once the purchaser receives this for the chosen property and has negotiated an agreed price with the vendor, a small non-refundable deposit is usually paid to the seller.
• A sales contract is then drawn up which details the full conditions of the sale and also acts as a receipt for the deposit paid.
• Finally, it is important to draw up the property’s sales deed completion (‘escritura’) normally carried out at the notary.

Costs of a standard property purchase in Brazil include the following:

• Stamp duty (or purchase tax) at 3% of the purchase price.
• Government purchase tax of between 2% and 7% of the purchase price.
• Property transfer tax (ITBI) of 2%, payable at the city hall.
• Capital gains received by individuals on the sale of real estate will be subject to Brazilian withholding income tax at 15%, applicable to foreign investors who are not domiciled in a tax haven. The gain is determined as the difference between the sales price and the acquisition cost duly reported on the seller’s annual income tax return.