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Attn Brazilians: Some questions about Taxes, residency, and CPF

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Filed: K-1 Visa Country: Brazil
Timeline

Hello Brazilian VJ'ers,

My fiancé is preparing for his move here to the US, and we have some questions for those of you who have already made the move successfully. I have listed the questions below (some related questions, some not).

1) I know that Brazilians living abroad do not have to pay income tax to Brazil since only residents must. Is there anything Brazilians must file with the Brazilian government to note that they are no longer residing in brazil? (I came across something called: IRPF - Comunicação de Saída Definitiva do País but I cannot figure out if this applies.

2) My fiancé is considering keeping a bank account open in Brazil in case he needs to ever deposit money for his family to access. The account is a savings acct that does not assess fees even if we maintain a very low balance. Is there any negative to doing this? Could it affect him being seen as a resident and therefore cause him to owe taxes on global income? I have been told that IF the government considers someone as a resident, they must pay taxes on income from the US. I would hate for a technicality, such as maintaining a bank account there, to make him a resident in the eyes of the Brazilian Government.

3) If he maintains an account simply for himself to use during times of visiting Brazil, is there any problem with this?

4) We have been advised in 2 contradictory ways about whether to suspend or maintain his CPF. We have tended to think that maintaining the CPF is more desirable since suspending it could cause a multitude of problems with regards to renewing his brazilian passport, being required to vote even while abroad, and making purchases via online brazilian retailers. Any advise on this? Also, how does he keep his CPF from suspending due to inactivity?

5) Will my fiancé need to file paperwork to Brazil at tax time (even if he doesn't owe the brazilian government anything). If so, what will he need to file?

THank you for all your help and advise!

rwn5m5.png

K-1 Journey

09/24/2012 sent I-120F

09/27/2012 NOA1

04/19/2013 NOA2

04/30/2013 file received at NVC

05/07/2013 file received at Brazilian Consulate

06/11/2013 Interview in Rio de Janeiro - Approved!

07/18/2013 Visa Received (over one month delay at Consulate!)

07/19/2013 Fiancé entered USA

07/21/2013 Wedding

AOS

08/15/2013 sent AOS, EAD, and AP

01/27/2014 received Green card

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from General Immigration Discussion to Latin/South American regional subforum for country-specific input. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • 3 weeks later...
Filed: Citizen (apr) Country: Brazil
Timeline

Hello Brazilian VJ'ers,

My fiancé is preparing for his move here to the US, and we have some questions for those of you who have already made the move successfully. I have listed the questions below (some related questions, some not).

1) I know that Brazilians living abroad do not have to pay income tax to Brazil since only residents must. Is there anything Brazilians must file with the Brazilian government to note that they are no longer residing in brazil? (I came across something called: IRPF - Comunicação de Saída Definitiva do País but I cannot figure out if this applies.

2) My fiancé is considering keeping a bank account open in Brazil in case he needs to ever deposit money for his family to access. The account is a savings acct that does not assess fees even if we maintain a very low balance. Is there any negative to doing this? Could it affect him being seen as a resident and therefore cause him to owe taxes on global income? I have been told that IF the government considers someone as a resident, they must pay taxes on income from the US. I would hate for a technicality, such as maintaining a bank account there, to make him a resident in the eyes of the Brazilian Government.

3) If he maintains an account simply for himself to use during times of visiting Brazil, is there any problem with this?

4) We have been advised in 2 contradictory ways about whether to suspend or maintain his CPF. We have tended to think that maintaining the CPF is more desirable since suspending it could cause a multitude of problems with regards to renewing his brazilian passport, being required to vote even while abroad, and making purchases via online brazilian retailers. Any advise on this? Also, how does he keep his CPF from suspending due to inactivity?

5) Will my fiancé need to file paperwork to Brazil at tax time (even if he doesn't owe the brazilian government anything). If so, what will he need to file?

THank you for all your help and advise!

1) I am a Brazilian living in the US for almost ten years. I definitely recommend that he files the "Comunicação de Saída Definitiva do País". I did it after one year in the US. The rules are on the "Receita Federal" website. http://www.receita.fazenda.gov.br/Aplicacoes/ATSDR/IRPFSaida2013/index.asp

2) I have both a checking and a savings account in Brazil. It is extremely helpful to keep them. He would probably have to include the interest as part of his global income on the US tax return, but if the amounts are low, those would have a minimal impact on his taxable income. You should consult with a US tax specialist.

3) I don't think so.

4) I kept mine and I have no problems. Be sure he files the "Comunicação de Saída Definitiva do País" though...

5) He will most probably have to pay taxes "in advance" when he files the "Comunicação de Saída Definitiva do País".

I highly recommend you carefully read the information on the "Receita Federal" website.

I-130

06/25/2013 - I-130 sent via USPS
06/27/2013 - Delivered to USCIS Chicago

07/02/2013 - Received USCIS Acceptance Confirmation email (PD June 28).

07/03/2013 - Check cashed

09/11/2013 - I-130 transferred to Nebraska Service Center

11/13/2013 - I-130 transferred to USCIS local field office (3 weeks after the interview)

11/25/2013 - I-130 Approved

AOS, EAD, AP

07/30/2013 - AOS packet sent via USPS ( I-485, I-131, I-765)

08/01/2013 - Delivered to USCIS Chicago
08/12/2013 - Received 3 USCIS Acceptance Confirmation SMS/emails. Awaiting official receipt notice (Form I-797) in the mail.
08/12/2013 - Check cashed
08/15/2013 - Received 3 NOA's by mail.
08/19/2013 - Received Biometrics appointment
08/20/2013 - Biometrics completed by walk in
09/06/2013 - Original Biometrics appointment

08/27/2013 - Expedited AP Approved / EAD was approved as well.

08/30/2013 - Second EAD/AP card ordered confirmation e-mail.

09/03/2013 - EAD/AP card shipped (USPS tracking number)

09/05/2013 - EAD/AP card received

09/05/2013 - I-485 status online changed to "testing & interview"

09/20/2013 - I-485 status showing the interview date (Oct. 24)
09/23/2013 - Received NOA about the interview appointment

10/24/2013 - Interview (Approved!)

11/25/2013 - First Card Production Ordered e-mail (5:30pm)

11/25/2013 - Status Update: Decision (9:00pm)

11/29/2013 - Second Card Production Ordered e-mail with Tracking # (8:45pm)

12/02/2013 - Green Card Received

I-751

07/23/2015 - I-751 sent via USPS

07/27/2015 - Package received at VSC

08/03/2015 - Check cashed

08/03/2015 - Received NOA, dated 07/28/2015

08/13/2015 - Received Biometrics notice for 08/24/2015

06/27/2016 - "New Card is Being Produced" Text Message (12:30pm - Eastern)

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Filed: K-1 Visa Country: Brazil
Timeline

1) I am a Brazilian living in the US for almost ten years. I definitely recommend that he files the "Comunicação de Saída Definitiva do País". I did it after one year in the US. The rules are on the "Receita Federal" website. http://www.receita.fazenda.gov.br/Aplicacoes/ATSDR/IRPFSaida2013/index.asp

2) I have both a checking and a savings account in Brazil. It is extremely helpful to keep them. He would probably have to include the interest as part of his global income on the US tax return, but if the amounts are low, those would have a minimal impact on his taxable income. You should consult with a US tax specialist.

3) I don't think so.

4) I kept mine and I have no problems. Be sure he files the "Comunicação de Saída Definitiva do País" though...

5) He will most probably have to pay taxes "in advance" when he files the "Comunicação de Saída Definitiva do País".

I highly recommend you carefully read the information on the "Receita Federal" website.

Thank you so much for your response. You have been extremely helpful!

rwn5m5.png

K-1 Journey

09/24/2012 sent I-120F

09/27/2012 NOA1

04/19/2013 NOA2

04/30/2013 file received at NVC

05/07/2013 file received at Brazilian Consulate

06/11/2013 Interview in Rio de Janeiro - Approved!

07/18/2013 Visa Received (over one month delay at Consulate!)

07/19/2013 Fiancé entered USA

07/21/2013 Wedding

AOS

08/15/2013 sent AOS, EAD, and AP

01/27/2014 received Green card

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Filed: Citizen (apr) Country: Brazil
Timeline

This is an interesting Q&A video about the "Declaração de Saída Definitiva do País". In Portuguese only:

I-130

06/25/2013 - I-130 sent via USPS
06/27/2013 - Delivered to USCIS Chicago

07/02/2013 - Received USCIS Acceptance Confirmation email (PD June 28).

07/03/2013 - Check cashed

09/11/2013 - I-130 transferred to Nebraska Service Center

11/13/2013 - I-130 transferred to USCIS local field office (3 weeks after the interview)

11/25/2013 - I-130 Approved

AOS, EAD, AP

07/30/2013 - AOS packet sent via USPS ( I-485, I-131, I-765)

08/01/2013 - Delivered to USCIS Chicago
08/12/2013 - Received 3 USCIS Acceptance Confirmation SMS/emails. Awaiting official receipt notice (Form I-797) in the mail.
08/12/2013 - Check cashed
08/15/2013 - Received 3 NOA's by mail.
08/19/2013 - Received Biometrics appointment
08/20/2013 - Biometrics completed by walk in
09/06/2013 - Original Biometrics appointment

08/27/2013 - Expedited AP Approved / EAD was approved as well.

08/30/2013 - Second EAD/AP card ordered confirmation e-mail.

09/03/2013 - EAD/AP card shipped (USPS tracking number)

09/05/2013 - EAD/AP card received

09/05/2013 - I-485 status online changed to "testing & interview"

09/20/2013 - I-485 status showing the interview date (Oct. 24)
09/23/2013 - Received NOA about the interview appointment

10/24/2013 - Interview (Approved!)

11/25/2013 - First Card Production Ordered e-mail (5:30pm)

11/25/2013 - Status Update: Decision (9:00pm)

11/29/2013 - Second Card Production Ordered e-mail with Tracking # (8:45pm)

12/02/2013 - Green Card Received

I-751

07/23/2015 - I-751 sent via USPS

07/27/2015 - Package received at VSC

08/03/2015 - Check cashed

08/03/2015 - Received NOA, dated 07/28/2015

08/13/2015 - Received Biometrics notice for 08/24/2015

06/27/2016 - "New Card is Being Produced" Text Message (12:30pm - Eastern)

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