Jos Deuling, Monday, 12 August 2024
If you want to buy an apartment in Brazil, how should you make the payment? Through an official bank? What are the regulations you need to comply with
in Brazil?
If you're looking to purchase an apartment in Brazil, there are several steps and regulations you must follow. Here’s an overview of the key aspects:
Payment
1. Through an Official Bank
- It is customary to make payments for real estate transactions through an official bank. This ensures transparency and compliance with legal
requirements.
- International buyers often need to open a Brazilian bank account to facilitate transactions.
2. Currency and Transfers
- Payments can be made in Brazilian reais (BRL).
- Foreign buyers can transfer funds from their home country, using international bank transfers or money transfer services.
- It is important to consider exchange rates and any transfer fees.
Regulations and Requirements
1. Registration with the Federal Tax Office (CPF)
- Foreigners must obtain a Brazilian tax identification number (CPF - Cadastro de Pessoas Físicas). This is necessary for almost all financial
transactions in Brazil, including purchasing real estate.
- This number can be obtained through the Brazilian consulate in your home country or directly in Brazil.
2. Documents and Legalizations
- All required documents, such as identification, must be translated and legalized according to Brazilian law.
- A notary (cartório) plays a crucial role in validating and registering the purchase.
3. Obtaining a Title Deed (Escritura Pública)
- The purchase must be officially recorded in a title deed (escritura pública), which is registered at the land registry office (cartório de
registro de imóveis).
- This document confirms the transfer of ownership and must be signed by both parties in the presence of a notary.
4. Paying Taxes and Fees
- Buyers must pay taxes such as the transfer tax (ITBI - Imposto de Transmissão de Bens Imóveis), which ranges from 2% to 3% of the purchase price.
- Other costs may include notary and registration fees, attorney fees, and any brokerage fees.
5. Legal Assistance
- While not legally required, it is strongly recommended to hire a local attorney specialized in real estate. They can help navigate the legal
process and verify the validity of the property.
Step-by-Step Overview
- Obtain a CPF.
- Open a Brazilian bank account (optional, but recommended).
- Search and select a property.
- Sign a preliminary purchase contract (Contrato de Compromisso de Compra e Venda).
- Make the payment via bank transfer.
- Obtain the title deed (escritura pública) from a notary.
- Register the title deed at the land registry office.
- Pay the necessary taxes and fees.
By following these steps and seeking proper legal guidance, you can purchase an apartment in Brazil and comply with local regulations and
requirements.
Links
A CPF number is the Tax ID issued once you have been registered with the Brazilian Revenue. CPF stands for “Cadastro de Pessoas Físicas” (CPF meaning
in English: Natural Persons Registry). The CPF has 11 digits, and it may be issued by the Brazilian revenue service in Brazil or Brazilian consulates
and embassies abroad.