Brazil (BR)

Jurisdiction Overview

IDQuestionAnswer
470 *LO Record: Does the registration of domestic companies comprise legal owner's identity information? All LO: Yes, all companies require recording of all legal owners.
 Data Date: 2018

Notes

 
According to the Global Forum: "The Civil Code requires all 'business entities', being those that carry on a business or are holding companies, to be registered with the trade registrar and to maintain updated information identifying their owners. Tax law requires all entities, including tax immune, exempt or inactive entities, to file up to date ownership information with the RFB [Federal Revenue of Brazil] on a yearly basis and this obligation is practically enforced through the RFB’s compliance activities (...). Entities must annually file ownership information (i.e. shareholder information in the case of companies) along with all required tax and accounting information through Brazil’s electronic tax filing system" (GF 2018: 34; [TJN-Note]).
 
The Global Forum added in 2012: "Since 2011, legal persons (including a resident trustee or administrator) that make a payment or credit income to a foreign beneficiary, whether or not subject to withholding income tax in Brazil, are systematically required to disclose ownership information concerning the foreign beneficiary to the RFB [Federal Revenue of Brazil]. They are required to file a Withholding Income Tax Declaration (DIRF) containing the fiscal identification number (NIF) supplied by the foreign tax authority that identifies the natural or legal person, as well as the complete address of the foreign beneficiary (Normative Instruction RFB No. 1.033/10, articles 1, second paragraph, and 20)." (GF 2012: 34-35; [TJN-Note]). In 2013, the Global Forum mentioned: "[...] all private legal entities (companies, partnerships, foundations) holding an office in Brazil [...] even if tax immune, tax exempt or inactive are obliged to submit annual tax returns to the tax authorities, whatever their purposes and nationalities may be [...]. These declarations contain identity information concerning the legal owners of such legal entities, i.e. whether a natural or a legal person, full name, taxpayer identity number (CPF/CNPJ) and capital share (GF 2013: 33-34).

Sources

GF 2018: 33-35
 
GF 2013: 33-34, GF 2012: 22