Law No. 14,754/2023 changed the taxation of foreign investments held by Brazilian tax residents. Beyond taxation, however, the new landscape reinforces the importance of wealth organization, governance, succession planning, and asset protection.
The enactment of Law No. 14,754/2023 marked one of the most significant changes in the tax treatment of foreign investments held by Brazilian tax residents.
Since then, one of the most common questions among investors and high-net-worth families has been: does it still make sense to maintain an offshore structure?
The answer requires an analysis that goes beyond taxation, and the discussion should not focus solely on the question: “When will the tax be paid?”
It is worth remembering that the annual taxation introduced by the new rules represents an acceleration of the tax that would previously have been paid only at a future date (with very rare exceptions).
Do Offshore Structures Still Make Sense?
Offshore structures did not disappear with Law No. 14,754.
The evolution of international transparency standards and the treatment of these companies from a succession perspective has shifted the focus toward wealth organization, governance, succession planning, and asset protection.
As a result, it has become even more important for the owners of these structures to understand how they operate, which assets they hold, and how they are managed.
Benefits That Remain Relevant
Among the main benefits that continue to justify the use of international structures are:
- the centralization of overseas investments;
- the facilitation of wealth succession;
- asset segregation;
- family governance; and
- the simplification of the management of assets and investments distributed across multiple jurisdictions.
The Importance of Estate Planning
From a succession perspective, there are also practical benefits that are often overlooked by investors.
In some jurisdictions, the death of the owner may trigger probate proceedings abroad, subject to the laws of the country where the assets or the structure itself are located.
When integrated into a properly structured estate plan, an offshore company may help simplify the transfer of wealth to heirs, providing greater continuity in the management of the assets.
In addition, some jurisdictions have specific inheritance and wealth transfer tax rules.
Depending on the location of the assets and the structure adopted, advance planning may help mitigate costs related to inheritance taxes that may apply.
Family Governance and Wealth Continuity
In addition to wealth-related considerations, estate planning can also play a fundamental role in preserving family harmony.
By establishing governance rules, asset management criteria, and decision-making processes in advance, the structure allows future generations to have greater clarity regarding their rights and responsibilities.
For many families, this prior organization helps avoid disputes arising from divergent interests among heirs, reducing potential conflicts and contributing to the continuity of family wealth over time.
More Than Ever, Planning Matters
More than ever, the success of an international structure will depend on the quality of the planning carried out and on how well the solution is tailored to the specific needs of each family and each estate.
How Dartmouth Can Help
Dartmouth supports families, law firms, banks, investment managers, and family offices in the implementation and administration of international structures, transforming wealth planning strategies into solid and sustainable long-term solutions.
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