We inform you that the Central Bank of Brazil (“Bacen“) will start receiving the 2021 Quinquennial Census of Foreign Capital in Brazil, referred to the year of 2020 (“Quinquennial Census“), in accordance with the following terms and conditions:
Who must submit the Quinquennial Census to Bacen:
- legal entities headquartered in Brazil, with direct foreign investment of non-residents in its capital, in any amount, on December 31st, 2020;
- investment funds with non-resident shareholders, on December 31st, 2020, through their managers; and
- legal entities headquartered in Brazil, with total outstanding balance of short-term commercial credits (due within 360 days) granted by non-residents, in an amount equal to or greater than the equivalent to USD 1 million, on December 31st, 2020.
Quotation on 12/31/2020: US$ 1.00 = R$ 5.1961*
*Source: Bacen’s website
Who is exempt from submitting the Quinquennial Census:
- bodies of the Direct Administration of the Union, States, Federal District and Municipalities;
- legal entities indebted to onlending foreign credits granted by institutions headquartered in Brazil; and
- non-profit entities supported by contributions from non-residents.
The statement must be submitted to Bacen between July 1st and August 16th, 2021, at 6:00 pm.
The failure to submit, the submission after the legal deadline or the provision of incomplete or false information may subject the defaulter to fines of up to BRL 250 thousand, depending on the case.
The declarants must keep at the disposal of Bacen, for a period of 5 (five) years from the reference date of submission, the supporting documentation provided in the Quinquennial Census.
Law No. 4,131, of September 3rd, 1962
CMN Resolution No. 4,104, of June 28th, 2012
Provisional Measure No. 2,224, of September 4th, 2001
Directive Release No. 3,795, of June 16th, 2016
Directive Release No. 3,857, of November 14th
The KLA – Advogados team is available for any clarifications, as well as to assist you in filling out and submitting the declaration.
For more information, contact: