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Government does not give up and files a request to charge 22.5% tax on those who have cryptocurrencies on Binance, Coinbase and others...
The federal government has not given up on its proposal to charge a tax of up to 22.5% on those who have cryptocurrencies in exchanges located outside Brazil
The federal government did not give up on its proposal to charge a tax of up to 22.5% on those who have cryptocurrencies on exchanges located outside Brazil and sent a request to the National Congress for approval of this new tax again.
According to the Government, the content is similar to that presented in Provisional Measure No. 1,171 of April 2023, with several improvements to the text, suggested by Congressional amendments, including the inclusion of cryptocurrencies in the text was a suggestion from the Senate.
However, unlike the first proposal, which was made through an MP, this one goes to the deputies for evaluation through a PL (PL 4173/23) sent with constitutional urgency and, in this way, Congress has up to 45 days to evaluate the proposal that can even be added to another project already approved in the Chamber and which went to the Senate.
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In the proposal, any user who has cryptocurrencies valued at more than R$6,000, in companies abroad, such as Binance, Bitget, Gate.io. Crypto.com, Coinbase, Bitfinex, OKX, Crypto.com, Bybit, and others must pay tax of up to 22.5%.
"§ 1 For the purposes of this article, the following are considered: I - financial investments abroad - any financial operations outside the country, including, for example, interest-bearing bank deposits, interest-bearing deposit certificates, crypto assets, digital portfolios or current accounts with income , shares of investment funds, with the exception of those treated as entities controlled abroad, financial instruments, insurance policies whose principal and whose earnings are redeemable by the insured person or his beneficiaries, investment certificates or capitalization operations, retirement or pension funds , fixed-income and variable-income securities, credit operations, including loan of financial resources, in which the debtor is resident or domiciled abroad, derivatives and equity interests, with the exception of those treated as entities controlled abroad;
and II - income - remuneration produced by financial investments abroad, including, for example, exchange variation in foreign currency or variation in cryptocurrency in relation to the national currency, income on deposits in digital wallets or interest-bearing current accounts, interest, premiums, commissions, premium , discount, profit sharing, dividends and gains from negotiations in the secondary market, including gains from the sale of shares of non-controlled entities on a stock exchange abroad.
According to the government, the proposal has broad support from the Senate and the Chamber for approval and more than R$ 1 trillion (equivalent to more than US$ 200 billion) in assets belonging to individuals is positioned abroad. If the law is approved, they have the potential to collect around R$7.05 billion in 2024, close to R$6.75 billion in 2025 and R$7.13 billion in 2026.
If approved, the new rule applies to results calculated by controlled entities as of January 1, 2024. Results accumulated by entities abroad until December 31, 2023, before the entry of the new taxation rule, will be taxed only at the time of effective availability to the individual.