The Central Bank of Brazil has implemented important updates to its regulations for companies with foreign capital participation, in accordance with BCB Resolution No. 278 (December 31, 2022), amended by BCB Resolution No. 348 (October 17, 2023), and supported by Law 14,286/2021. These new provisions are essential for compliance with regulatory obligations and the proper management of records related to foreign capital.
The following are the key obligations that companies must meet:
1. Periodic Declarations in the SCE-IED System
Companies receiving foreign direct investment must file periodic declarations in the SCE-IED system, depending on their total assets. These are the established categories:
1.1. Companies with assets less than R$100,000,000.00:
- Are exempt from filing the Annual Return for the base date of December 31, 2024.
1.2. Companies with assets equal to or greater than R$100,000,000.00:
- Are required to file an Annual Periodic Return corresponding to the base date of December 31, 2024.
- Filing period: Between February 10, 2025 and March 31, 2025.
- Required documentation: Balance Sheet, Income Statement (DRE) as of December 31, 2024, and a Questionnaire with additional information.
1.3. Companies with assets equal to or greater than R$300,000,000.00:
In addition to the Annual Return, they must file Quarterly Returns on the following dates:
- June 30, 2025: Refers to the base date of March 31, 2025.
- September 30, 2025: Refers to the base date of June 30, 2025.
- December 31, 2025: Refers to the base date of September 30, 2025.
Required documentation: Partial balance sheets as of March 31, 2025, June 30, 2025, and September 30, 2025.
1.4. Companies with assets equal to or greater than R$100,000.00 (One hundred thousand reais):
- Required to file a Five-Year Periodic Return corresponding to the base date of December 31, 2025.
- Filing period: Between January 1, 2026, and March 31, 2026.
- Required documentation: Balance Sheet, Income Statement (DRE) as of December 31, 2025, and a Questionnaire with additional information.
2. Records of Changes in Corporate Participation
Companies are required to record any change in the participation of foreign partners in the SCE-IED system, either due to:
- The entry of a new foreign partner (generation of the SCE-IED number).
- The exit of a foreign partner (inactivation of the SCE-IED number).
This requirement is mandatory only in the event of changes in the corporate structure, pursuant to BCB Resolution No. 278 and its amendment by BCB Resolution No. 348.
3. Declaration of Brazilian Capital Abroad (CBE/DCBE)
Brazilian individuals or legal entities holding assets abroad are required to file declarations according to the established values and base dates:
3.1. Annual Declaration:
- Mandatory for those holding assets abroad with a value equal to or greater than USD 1,000,000.00 (or its equivalent in another currency) as of the base date of December 31, 2024.
- Filing period: From February 17, 2025 to April 5, 2025 (until 6:00 p.m.).
3.2. Quarterly Declaration:
Mandatory for those who hold assets abroad valued at more than USD 100,000,000.00 (or its equivalent in another currency) on the following base dates:
- March 31, 2025: From April 30, 2025 to June 5, 2025 (until 6:00 p.m.).
- June 30, 2025: From July 31, 2025 to September 5, 2025 (until 6:00 p.m.).
- September 30, 2025: From October 31, 2025 to December 5, 2025 (until 6:00 p.m.).
4. Foreign Capital Census in Brazil
The Central Bank of Brazil has replaced the traditional census with the following declarations:
- Annual Declaration: Base date: December 31, 2024 (detailed in point 1.2).
- Five-Year Declaration: Base date: December 31, 2025 (detailed in point 1.4).
Penalties for Non-Compliance
It is important to note that delay or failure to submit any of the mandatory declarations may result in significant penalties for companies and individuals, pursuant to Article 66 of BCB Resolution No. 131, of August 20, 2021.
How to Comply with These Obligations?
At Feliu N&I, we understand that these regulations can be complex and represent a challenge for many companies. Therefore, we offer specialized services to:
- Advise you on registration and compliance with your obligations with the Central Bank of Brazil.
- Ensure that your company meets established deadlines and avoids penalties.
👉 Contact us now for personalized support.
