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ARTICLE · 15 DECEMBER 2014

Investment Abroad: Eyes On FATCA

Brazilian pension funds have started to slowly invest abroad, on the one hand this is an extraordinary opportunity for diversification of assets, well above what the internal market can provide.

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Brazilian pension funds have started to slowly invest abroad, on the one hand this is an extraordinary opportunity for diversification of assets, well above what the internal market can provide, on the other this is something that requires attention to the legal obligations and regulations, especially those that relate to taxes payable. Uncle Sam is watching and has even set a date: December 31. Ignoring it will not be cheap: a withholding tax of 30% on income and principal, if not complaint , is enough to cause damage to the fund's performance in which it is applied.
Is not refundable – "Although withholding tax may sound like something refundable, is in fact a penalty, because there is no refund procedure," explains Francine Balbina, Executive Director of DMS Offshore Investment Services, which provides consulting services on governance for offshore investment funds. Francine notes amounts withheld in cases of non-compliance are generally non-refundable.

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