The Dance of the Lions




Analyses of International Tax Treaties


(4.1) Double Taxation Treaty (DTT) Brazil-Belgium


(4.1.m) Capital Gains


ß137. The sell of a good aiming the profit, be a real estate or a movable property, generate a capital gain. Immovable properties are taxed in the territorial jurisdiction where they are. In the case of movable goods, letís see an example: a Brazilian lawyer has his law office, with all its physical structure, in Brussels, and decides to return to Brazil, selling all the structure. The capital gain, obtained with the global selling of this structure is taxed in Belgium. And the same worths to the movable goods that is part of a Brazilian company that is in Belgium doing the same operation. In Brazil, many operations characterizes capital gain (difference among the selling value and the acquisition cost), existing, equally, many hypothesis of exempt, that shall be understand case by case.


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Rafael De Conti, Rafael Augusto De Conti, Brazilian Tax Lawyer, Lawyer in Brazil