Investing, risks, tax and REITs

How FIIs are taxed in Brazil

4 min

Taxation is a major part of the FII appeal, but the rules have specific conditions and can change — so treat this lesson as orientation and always verify the current rules with an official source or an accountant before acting.

Two different things get taxed

It is essential to separate the two cash flows:

  • The monthly income distributions you receive.
  • The capital gain when you sell cotas for more than you paid.

The income distribution

Historically, monthly distributions from listed FIIs have been exempt from income tax for individuals — one of the biggest reasons FIIs are so popular for income. But that exemption is conditional, not automatic or permanent. The usual conditions include: the investor is an individual (pessoa física); the fund is listed and traded on an exchange; the fund has a minimum number of cota-holders; and the investor does not hold a large enough stake to be considered a major holder.

Because these conditions are set in law and have been the subject of repeated reform proposals, do not assume the exemption is permanent. Confirm the rules in force at the time you invest.

Gains on sale ARE taxed

The exemption above applies only to the distributions. When you sell cotas for a profit, the capital gain is taxable — historically at a rate of 20% on the net gain, with the investor responsible for calculating it, paying it via a DARF, and reporting it. Losses can generally be offset against gains on similar assets under the rules in force.

Unlike stocks, FII gains have no small-sale monthly exemption — even a tiny profitable sale is, in principle, taxable.

The practical rule

Keep records of every purchase and sale. Verify the current exemption conditions and gain rate before relying on them. When in doubt, an accountant familiar with FIIs is a cheap insurance policy.

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