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Brazil

Do you pay Brazilian tax on your Indian income?

You have moved to Brazil, you still hold FDs, mutual funds and maybe a flat in India, and you want to know whether Brazil now taxes all of that on top of India.

You have moved to Brazil, usually for an IT, engineering, medical or academic job, and you are now a Brazilian tax resident. You still hold Indian FDs, mutual funds, some shares and maybe a let-out flat, and the worry is that Brazil now taxes all of that Indian income on top of the tax India already deducts. Brazil does tax it, because it taxes residents on worldwide income and has no first-years shelter. But the treaty and a bit of Indian paperwork keep you from paying twice.
Last reviewed: 5 August 20267 min readReviewed by Preetesh Maloo, CA

The short answer

Yes. Once you are a Brazilian tax resident, Brazil taxes your worldwide income, so your Indian FD interest, dividends, rent and capital gains are all reportable there. Unlike Korea or Thailand there is no remittance shelter: residency starts on arrival with a permanent visa, or after 184 days in a 12-month window on a temporary visa, and from that date your Indian income is in the Brazilian base. The India-Brazil treaty stops double tax by letting Brazil credit the Indian tax you paid, under Article 23. But that credit is capped at the Brazilian tax on the income, so the money-saving step is on the India side: file a Tax Residency Certificate and Form 10F, now Form 41, so Indian interest and dividends are cut to the treaty 15 percent under Articles 11 and 10, instead of the 30 percent default, and reclaim any excess through your Indian return.

References on this page

  • Brazil taxes residents on worldwide income at progressive IRPF rates up to 27.5 percent
  • Brazilian residency starts on arrival with a permanent visa, or after 184 days of presence in a 12-month window on a temporary visa (Normative Instruction SRF 208/2002)
  • Law 14.754/2023 (from 1 Jan 2024): a Brazilian resident's foreign financial income (interest, dividends, gains) is taxed at a flat 15 percent on the annual return; foreign rent is self-assessed monthly through carne-leao
  • India-Brazil DTAA Article 11: Indian-source interest capped at 15 percent
  • India-Brazil DTAA Article 10: dividends capped at 15 percent (10 percent for a company holding at least 20 percent for 365 days)
  • India-Brazil DTAA Article 13: India taxes gains on shares of an Indian company
  • India-Brazil DTAA Article 23: Brazil gives a credit for the Indian tax paid; 2022 amending protocol in force in India from FY 2026-27
  • Section 195 (Section 393(2) from FY 2026-27): Indian TDS on payments to a non-resident, claimed at the treaty rate with a TRC and Form 10F (Form 41 from FY 2026-27)
  • Section 112A: NRI long-term gains on listed shares and equity funds at 12.5 percent, no indexation, over Rs 1.25 lakh, for sales on or after 23 July 2024

Do you pay Brazilian tax on your Indian income?

Yes. Brazil taxes its residents on worldwide income, so once you are a Brazilian tax resident your Indian FD interest, dividends, rent and capital gains are all reportable in Brazil, on top of whatever India already taxes. There is no honeymoon here. Unlike Korea or Thailand, which tax a newcomer's foreign income only when it is brought into the country, Brazil pulls your Indian income into its base from the day residency starts.

That day is set by your visa. On a permanent visa you are a Brazilian tax resident from the day you arrive. On a temporary visa you become resident once you have spent 184 days in the country within any 12-month window, under Normative Instruction SRF 208/2002. From that point Brazil expects your worldwide income on its returns.

What keeps you from paying twice is the treaty. India and Brazil have a double-tax treaty, refreshed by a 2022 protocol now in force in India from FY 2026-27, and it lets Brazil credit the Indian tax you have already paid, so the same rupee is not taxed twice. The real work is making sure India does not over-tax at source in the first place, because a credit only refunds so much.

Two Brazilian regimes: 15 percent on financial income, carne-leao on rent

Brazil sorts your Indian income into two buckets, taxed differently. Financial income, meaning your Indian FD and NRO interest, dividends and mutual-fund gains, falls under Law 14.754/2023: since 1 January 2024 it is taxed at a flat 15 percent, declared once a year on your annual Brazilian return, not month by month. Indian rent is separate. Rent from a let-out Indian flat is self-assessed every month through carne-leao, the Receita Federal's monthly mechanism, at the progressive rates that run up to 27.5 percent, paid by a DARF the following month. A property sale gain follows Brazil's own capital-gains rules again, so your contador handles each bucket its own way.

Every bucket gets a credit for the Indian tax you paid on the same income, under Article 23 of the treaty. But a credit is capped at the Brazilian tax on that income. If India took more than the treaty rate, Brazil will not refund the excess, so that extra Indian tax is money you only get back by reclaiming it in India. That is why the India side has to be right first.

We do not file your Brazilian return. Your local accountant, your contador, does that. Our job is to hand them correct Indian figures and to keep the Indian tax down to the treaty rate.

Cut the Indian tax to the treaty rate before Brazil credits it

India taxes your Indian income whatever country you live in, and it deducts at source first. On NRO interest the bank withholds under Section 195, which becomes Section 393(2) from FY 2026-27, at 30 percent plus surcharge and cess by default. The treaty caps Indian interest at 15 percent under Article 11 and dividends at 15 percent under Article 10. You claim that lower rate by giving the payer a Tax Residency Certificate from the Receita Federal, the Atestado de Residencia Fiscal, together with Form 10F, which becomes Form 41 from FY 2026-27.

Get those two documents in and the bank cuts 15 percent, not 30. Anything still over-deducted comes back through your Indian return, filed after the year ends. This is the step that actually saves money, because the Brazilian credit is capped at the Brazilian 15 percent and will not hand back Indian tax charged above the treaty rate. Left uncorrected, that extra Indian tax is simply lost.

Selling Indian shares, mutual funds or property from Brazil

Capital gains follow their own rules, and the asset type decides the Indian tax. On Indian listed shares and equity mutual funds, a long-term gain is taxed under Section 112A at 12.5 percent with no indexation, on the gain above Rs 1.25 lakh in the year, for sales on or after 23 July 2024. Debt funds and unlisted shares are taxed on a different basis, so check which you hold before you sell. For Indian-company shares the treaty keeps the taxing right with India: Article 13 lets India tax gains on shares of a company resident in India, so you cannot move that gain to Brazil to escape it.

Selling Indian property is where planning pays most. The buyer must withhold TDS on the full sale price under Section 195, not on the gain, so a large amount of cash is trapped until you file your return. A lower-deduction certificate, Form 13 under Section 197, which becomes Form 128 under Section 395 from FY 2026-27, brings the withholding down to the real tax on the gain before completion. Brazil then taxes the same gain under its own capital-gains rules and credits the Indian tax under Article 23, so time the sale with your contador.

Give your Brazilian accountant clean Indian figures

The credit under Article 23 only works if your contador can prove the Indian tax you paid. Brazil credits Indian tax against the Brazilian charge on the same income, but only documented tax, in the right year, on the right income. So the paperwork you hand over decides whether the credit lands.

In practice that means your Form 26AS, now Form 168, which shows the TDS credited to your PAN; the TDS certificate the payer issues, Form 16A, now Form 131; the tax challans; and your filed Indian return. Most contadores have never seen an Indian tax statement, so we prepare a short translated summary that maps each Indian income and its tax onto what the Brazilian return needs. That is the difference between a credit that is honoured and one that is queried.

A worked example: Ramesh in Sao Paulo

Ramesh, 41, is a software engineer in Sao Paulo and a Brazilian tax resident. He holds a Rs 50 lakh NRO fixed deposit paying 7 percent, so Rs 3.5 lakh of interest a year, plus Indian mutual funds and a let-out flat in Hyderabad.

On the interest, if he does nothing the bank withholds 30 percent, Rs 1,05,000. He files his Atestado de Residencia Fiscal and Form 10F, now Form 41, so the bank instead cuts the treaty 15 percent, Rs 52,500. Brazil then taxes the same Rs 3.5 lakh at its flat 15 percent, Rs 52,500, and credits the Rs 52,500 of Indian tax under Article 23, so the extra Brazilian tax is nil. His total stays at 15 percent.

Had he skipped the forms, India would have taken Rs 1,05,000 and Brazil would still credit only Rs 52,500, its own tax on the income, leaving Rs 52,500 of Indian tax stranded. The forms, not the credit, are what save that Rs 52,500. His mutual-fund gains and his Hyderabad rent are handled the same way: cap the Indian tax, then let the contador credit it.

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What's involved

What the CA actually does

  1. 1

    Confirm what Brazil can tax

    From your arrival date and visa, we confirm you are a Brazilian resident taxed on worldwide income, and map which Indian income is financial, taxed at Brazil's flat 15 percent, and which is rent, self-assessed through carne-leao.

  2. 2

    Cap the Indian tax at the treaty rate

    We file your Tax Residency Certificate and Form 10F, now Form 41, so Indian interest and dividends are cut to 15 percent under Articles 11 and 10, and we recover any excess TDS through your Indian return.

  3. 3

    Plan Indian sales and property

    We time mutual-fund and share sales, and get a Form 13, now Form 128, lower-TDS certificate before you sell Indian property, so cash is not trapped waiting on a refund.

  4. 4

    Hand your contador clean figures

    We give your Brazilian accountant the Indian income, tax paid and dates, with a short translated summary, so the Article 23 credit is honoured and nothing is taxed twice.

What to have ready

Documents you'll typically need

  • Your Brazil arrival date and visa type
  • NRO and NRE interest certificates, dividend and rent statements
  • Mutual fund and share purchase and sale statements
  • PAN, passport and your Receita Federal residency certificate

Frequently asked questions

Common questions

Living in Brazil with income back in India?

Tell us your Brazil arrival date and what you hold in India. A practising CA will cap the Indian tax, recover any excess and hand your contador clean figures. Free call, no obligation.

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