Brazil Property Ownership

Foreign investors are allowed to own property in their own name and most do exactly that. However, there are limitations on real estate transactions involving foreign investors. A foreign investor must seek the approval of the government when buying, selling or investing in real estate. He may also be prohibited from buying large area of land, oceanfront real estate, and real estate close to the national border. There are no restrictions placed upon Brazilian investors investing in other countries.

Brazil Transaction Information

Real estate professionals share transaction information in a system similar to MLS called SIVA (Sistema Integrado de Vendas Autorizadas). Participation is not yet popular in SIVA (about 220 companies participate) as the service is fairly new to Brazil. There are also smaller local services that share the same information.

Brazil Trade Associations

Name: Sindicato de Emprasas de Compras, Venda, Locacao e Administracao de Inoveis Residenciais e Comerciais de San Paulo (SECOVI-SP)
Address: Av. Brigadeiro Luiz Antonio, 2344 - 9th Andar. CEP 01402-900 Sao Paulo-SP. Brazil.
Phone: (5511) 285-0122
Fax: (5511) 284-3188
E-mail: secovi@secovi-sp.com.br
Internet: http://www.secovi.sp.com.br
Founded in 1946, SECOVI is a non-governmental association of real estate companies, not individual real estate professionals. SECOVI is the most influential real estate trade association in Brazil. SECOVI has a Bilateral Cooperation agreement with the National Association of Realtors. Other affiliations include FIABCI, Urban Land Institute, and Realtor Association of Miami. "Revista Indústria Imobiliária" is a real estate trade magazine published by SECOVI in Portuguese. It is distributed to over 10,000 real estate professionals, but ads may not be placed by non-members. Foreign investors must rely on the local newspaper to place ads.

Name: FIABCI
Address: Capitulo Nacional Brasileiro. Av. Brig. Luiz Antonio 2344 8th Floor 01402-900 Sao Paulo-SP. Brazil.
Phone: (5511) 288-3867
Fax: (5511) 251-5710
E-mail: fiabci@homeshopping.com.br
Internet: http://www.fiabci.com/br
The FIABCI is an international association of real estate professionals based in France.

Name: COFECI
Address: SDS - Centro Comercial Conic. Salas 201 e 204. 70391-900. Brasilia - DF. Brazil.
Phone: (5561) 321-2828
Fax: (5561) 321-0765
E-mail: cofeci@rudah.com.br
Internet: http://www.rudah.com.br/cofeci

Brazil Land Rights

Rural real property taxes established by the Federation; urban real property taxes established by the municipalities.

Eminent domain is determined by municipalities established under Federal constitution law. Escheat is determined by municipalities established under Federal constitution law. Police power is determined by municipalities established under Federal constitution law.

Brazil Forms of Ownership

Ownership in severalty is allowed in Brazil. Barring an ante-nuptial agreement, property held by married couples is considered community property to be divided equally in the event of death, divorce, or judicial separation.

Partnerships initiated to be in business must be registered in writing with the Ministry of Industry, Commerce, and Tourism when partnership domicile is to be in the Federal District, or in Junta Commercial when it is in any of the states. No action may be brought against a third person without the aforementioned written documentation. The collective name of the partnership may include only the names of the partners who are registered and whose liability is not limited in any way, limited liability partnerships are allowed if one or more partners, including at least one registered merchant, are liable as general partners. The liability of the capital contribution partners is limited.various prohibitions limit foreign investment in internal transportation, public utilities, media, and other "strategic industries." Foreign ownership of land adjacent to national borders remains prohibited under Brazilian law, unless approved by the National Security Council.

Brazil Real Estate Info Summary

Deeds are used to convey real property (unless of slight value); must be signed by both parties, notary and two witnesses and recorded or registered in public registry in order to be valid. Upon death, property is divided equally among married couples with transfer requirements remaining the same.

All deeds and mortgages are to be registered in the registries in charge of public officials (registrars) for authentication, conservation, and to establish validity against third parties.

Elements of a contract include two willing and able participants who come together in order to transfer title of a specific good or property in consideration for payment by the other party for a certain price in money. A third party may be involved in order to determine and equitable price. Real estate sales may be recorded and the courts can adjudicate the property to the purchaser if the seller refuses toexecute any final conveyances or conditions. Performance conditions similar to this also exist for sellers involved with an installment sale. Contracts are prepared by an individual registered and notarized with power of attorney distinction. More than one power of attorney representing a single individual is not allowed except in the case of lack of or misrepresentation by the initial power of attorney.

Property Taxes:

The Republic reserves the right to enact rural real property taxes base on the value of the property. Urban real property tax may be enacted by each municipality. Taxation of real property transfers is an attribution of the States of Federative Republic of Brazil. Each state must enacted transfer taxation of 0.5%-4.0%. The tax is collected from the person acquiring the property or right.

Brazil Mortgages & Financing

Typical mortgage is 30 years. Validity is based on the mortgage being recorded on books of the notary who is charged with the duty of seeing that all taxes have been paid. Furthermore, all mortgages must be inscribed in registry of place where mortgage property is located. New mortgage instruments may replace old upon term expiration prior to being liened.

Property can be foreclosed upon when debtor is deemed insolvent or has defaulted; defaults often revert to higher rates of interest and penalty fees rather than foreclosure. Lenders may not assume ownership of property in a residential mortgage default. They must attempt to sell property and apply proceeds towards fulfilling the mortgage amount.

Foreigners investing in Brazil must register their investment with the Central Bank within 30 days of the inflow of resources to Brazil. Registration is done electronically. Investments involving royalties and technology transfer must be registered with the patent office (INPI) as well. Investors must have a representative in Brazil and register with the Brazilian securities commission (CVM). Subsequent transactions, such as reinvestment of profits, may also have to be registered with the Central Bank.

Foreign investors, upon registering their investment with the Central Bank, are able to remit dividends, capital (including capital gains), and, if applicable, royalties. Remittances must also be registered with the Central Bank. Dividends cannot exceed corporate profits. The remittance transaction may be carried out at any bank by documenting the source of the transaction (evidence of profit or sale of assets) and showing that applicable taxes have been paid.

Foreign loans obtained abroad no longer require advance approval by the Central Bank, provided the recipient is not a government entity (loans to government entities still require prior approval). Upon concluding the transaction, the loan must be registered electronically with the Central Bank. In most instances, the registration is completed automatically. Automatic registration is not issued when the costs of the operation are “not compatible with normal market conditions and practices.” In such instances, the loan is reviewed by the Central Bank; if the Central Bank does not respond within five working days, the registration is considered complete. Capital-gain remittances are subject to a 15 percent income withholding tax. Repatriation of an initial investment is exempt from income tax. Beginning in 2000, lease payments were assessed a 15 percent withholding tax.

Chattel mortgages, commercial mortgages, rural credit mortgages, and industrial credit mortgages are types of loans which are obtained from banks, government (central bank).