BRZ Tax Developer Special Taxation


On Mar. 5, BRZ Tax issued instruction for special taxation regimes.


  • BRZ Tax issued Normative Instruction 2179 re special taxation regimes and unified payment of taxes applicable to real estate developments and certain housing units.
  • Special Regime
  • Applies to real estate developments and the construction of housing units contracted under the Minha Casa, Minha Vida - PMCMV and Casa Verde e Amarela Programs.
  • The Special Tax Regime applicable to real estate developments - RET-Incorporação, established by art. 1st of Law 10.931, of 2004 , is optional but irreversible.
  • This is the case as long as the credit rights or obligations of the developer towards the purchasers of the properties that make up the incorporation are continuous.
  • From Dec. 27, 2019, the real estate developments, RET-Incorporation will be applied until the full receipt of value of the sales of all units, or of respective contracts.
  • Instruction 2179 further established provisions regarding operation of the special real estate incorporations regime, and taxation aspects, as well as applicable penalties.
  • Instruction 2179 repealed normative Instruction 1.435 of December 30, 2013.
  • Effectiveness
  • Instruction 2.179 will enter into force on the date of its publication, Mar. 7, 2024,
  • It will take effect from Jul. 1, 2024, for Arts. 8 to 10 and immediately otherwise.
  • Jul. 2024 BRZ Tax Special Taxation Regime
  • On Jun. 28, 2024, BRZ Tax issued Normative Instruction 2199, to amend Normative Instruction 2179 so that qualification procedure will be available from Jan. 1, 2025.
  • Normative Instruction 2199 will enter into force on date published in official gazette.
  • Document dated Jun, 28, 2024, received from BRZ Tax Jul. 5, summarized on Jul. 8.

Regulators BRZ Tax
Entity Types Corp
Reference Ins 2199, 6/28/2024; Ins 2179/2024, 3/5/2024; Rpl Ins 1435, 12/30/2013;
Functions Accounting; Financial; Operations; Reporting; Tax
Countries Brazil
Category
State
Products Corporate; Equity; Loan; Mortgage
Regions Am
Rule Type Final
Rule Date 3/5/2024
Effective Date 1/1/2025
Rule Id 203905
Linked to N/A
Reg. Last Update 6/28/2024
Report Section International

Last substantive update on 07/09/2024