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Possible tax exemption for Social Security and Pension

Brazil has a law that exempts you from paying taxes. Federal Income Tax ExemptionLaw 7.713/88: Grants total exemption from Imposto de Renda (IR) specifically on income received from retirement, pensions, or military reserve funds (including private pension complements and alimony). Post-cure rights: The Superior Court of Justice (STJ) confirms that the exemption remains valid and permanent even if the patient is cured or in clinical remission, meaning current symptoms are not required to keep the benefit.Retroactive claims: Patients can request a refund of improperly paid income taxes for up to 5 years retroactively from the date the official diagnosis was made How to ApplyMedical report (Laudo M茅dico): Obtain a detailed medical report from an official health service (public or private) stating the explicit diagnosis of malignant neoplasm and the date it was diagnosed.Administrative request: Submit the medical report and supporting documents directly to the paying source (such as INSS, federal/state/municipal public servant pension funds, or private pension institute). This may include skin cancer even when it been cured.

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@NewBrazil

One additional point that may be useful for foreign retirees living in Brazil: the Receita Federal expressly recognizes that the serious-disease exemption may also apply to qualifying retirement or pension income received from abroad. This position was confirmed in Solu莽茫o de Consulta Cosit No. 118/2016 and later reaffirmed by SC Disit/SRRF08 No. 8,004/2023.


Accordingly, a U.S. Social Security retirement or survivor benefit, or a foreign occupational pension, may qualify when received by a Brazilian tax resident, provided that the payment is legally characterized as retirement or pension income and the beneficiary has one of the serious diseases listed in Article 6, XIV, of Law 7,713/1988. Without the exemption, foreign-source pension income would generally be included in the monthly carn锚-le茫o calculation.


Because there is no Brazilian paying source, the taxpayer applies the exemption directly in the Brazilian tax filings, excluding the qualifying income from the carn锚-le茫o calculation and reporting it as exempt income in the annual return. Tax paid in prior years may also be recoverable, generally through amended returns and, where required, a separate refund request, subject to the applicable five-year limitation period.


For administrative purposes, the Receita Federal requires an official medical report issued by a public medical service. The effective date depends on the date stated in the report and on whether the disease arose before or after retirement.

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