A tributação dos rendimentos de capital aplicado no exterior auferidos por pessoas físicas residentes fiscais no Brasil: um estudo sobre a LEI N° 14.754 de 2023.

Abstract

On December 12, 2023, Law No. 14,754 was enacted, addressing the taxation of income earned by individuals residing in Brazil from financial investments, controlled entities, and trusts abroad. The primary objectives of this law were: (i) to increase state tax revenue; (ii) to enhance oversight of transnational capital income to curb international tax evasion, particularly through the establishment of controlled entities in tax havens; and (iii) to promote greater tax justice by targeting income and particularly affecting high-net-worth individuals with investments beyond national borders. In this context, through an analysis of the economic, social, political, and legal factors that influenced the enactment of this law, this study aims to identify whether Law No. 14,754 of 2023 has achieved its intended purposes as outlined in the justification of the bill proposed by the Federal Executive Branch and whether it represents a legislative and tax advancement. Methodologically, this work is grounded in a pragmatic-systemic approach, supported by Niklas Luhmann's Systems Theory, advancing through an interdisciplinary approach that transcends the legal sphere, interacting with other fields of knowledge such as economics and politics. Procedurally, typological, monographic, and comparative methods were employed, alongside bibliographic and documentary research techniques. The study is divided into three chapters, each further divided into three subchapters. The first chapter analyzes income from the perspective of International Tax Law (2.1) and Tax Law (2.2), followed by an examination of the main characteristics of the Personal Income Tax (2.3). The second chapter proposes a study of the institutions covered by the new law, namely, financial investments (3.1), controlled entities (3.2), and trusts (3.3) abroad. Finally, the third chapter examines the objectives the Executive Branch intended to achieve with the enactment of Law No. 14,754 of 2023 (4.1), followed by a comparison of the previous and current taxation of capital income from overseas investments (4.2 and 4.3), considering the changes introduced by the law. In conclusion, the study finds that the law has met its objectives in some respects, particularly regarding the elimination of tax deferral and the enhancement of oversight to prevent loss of taxable revenue. However, it also identifies weaknesses, especially concerning the adoption of a flat 15% tax rate, which contradicts the objectives and general principles of the National Tax System.