Common questions
Is “asset protection” real? Is it legal?
No legal structure makes assets invisible or untouchable. What the law allows is legitimate asset protection: separating personal assets from company assets, organizing succession, and holding part of your wealth in a hard currency, always reported to the tax authorities. Structures built to hide assets from creditors or tax authorities can be set aside and create problems for whoever uses them.
Is it legal to hold assets and structures abroad?
Yes, as long as they are reported. Owning a company, account, or policy abroad is allowed; the obligation is to report everything to the competent tax authorities, in Brazil and in the U.S. where applicable. No structure we design is intended to hide information from tax authorities.
Can heirs receive assets without probate?
In part. With life insurance, the death benefit goes directly to the beneficiary named in the policy and, as a rule, stays out of probate. Assets held by a company or another structure can pass under that structure's rules. What applies to you depends on where each asset is and should be confirmed with legal advisors.
Do Brazilians with U.S. assets pay U.S. estate tax?
They may. Under current law, non-residents have an exemption of only US$60,000 on U.S. assets, and anything above that may be taxed at up to 40%. How those assets are held (personally, through a company, or another structure) changes the result, so it's part of planning with tax advisors.
Is having an offshore company legal?
Yes. Brazilians may hold companies, accounts, and trusts abroad, as long as everything is reported to the Brazilian tax authority and, when foreign assets exceed the Central Bank threshold, also in the Brazilian Capital Abroad report.
Do I need to travel to set up a structure abroad?
Usually not. Companies are generally formed remotely, with documents and identity checks. Some banks ask for a meeting, in person or by video, to open the account.
Is an offshore company tax-free?
Not for Brazilian residents. Under Law 14,754/2023, profits of offshore companies in tax havens or with mainly passive income are taxed at 15% every December 31, even without distribution.
What is the difference between a trust and a private foundation?
A trust is a legal arrangement, common in common-law countries, in which the settlor transfers assets to a trustee for beneficiaries. A private foundation is a legal entity of its own, available in countries such as Panama. Both serve succession, with different rules and costs.
What is economic substance?
It means the structure has a real purpose and activity, not just a paper existence. Many jurisdictions have substance rules, and Brazilian authorities also look at a structure's purpose. That is why the design starts from the family's or company's goal.
How much wealth makes it worthwhile?
There is no fixed number. A structure has setup and annual maintenance costs that must make sense against the wealth, the goal, and the time and cost saved in succession. We run that math in the assessment.