Hello guys. This subject is of interest to me too. So let me ask as it's only a little different situation.
Long story short, I was going to apply for Investment Business Visa but no longer can afford to go through with the business idea, however; I already created the Brazilian company and purchased a piece of land in it's name. Of course my name is not on the business, but instead the associate I was working with to complete the investment visa. No I just want to transfer title from the business to my name.
Would it be the same process as mentioned above? I have a Brazilian realtor friend who actually helped with the original purchase. Do you think I could get this transfer done with his help or would you recommend I do it with an attorney?
FYI, I've already spoken to an attorney and he proposed his fee to facilitate the transfer to my name.
Many thanks,
Dean
-@gspdac
"I have a Brazilian realtor friend who actually helped with the original purchase. " It's not a Realtor, it's a Real Estate Broker. Realtor is a trademark in the US. Brokers on this side of the pond often abuse the term. Just semantics.
I am not sure you are in loco , this should take you a visit to the Cartorio where the property deed is registered for the change to be enacted. Granted if you don't master the language, and can't be around for this, then your attorney should suffice. There's isn't much the attorney is involved. It's the Tabeliao who should inform you on how this works. As far as using an attorney, you are paying for a messenger boy, IMHO.Â
But if you must, then, so be it. Someone has to do the errands and gather all the paperwork.
Since it is a transfer from a "Pessoa Juridica" ( Business ), to a Pessoa Fisica ( Individual), you might need to bring documented evidence the name at the company's charter matches yours, therefore making you a de facto partner/owner. And if there is a partner, that party of consent , the partner there is, will allow you such a transfer, for as long as that party is in name at the Escritura or Matricula.
The actual broker who participated in the original transaction should be available to provide proof of transaction where you were a participant, if he/she saved the paperwork .
Also bear in mind, profits derived from income earned though your business, which the property is under, are charged at a lower tax bracket. Â
if your company owns a rental unit/building, and there's income derived from the ownership of said property ( rental income ), you stand to pay more on income taxes if they are under a Pessoa Fisica, than as if it were from a Pessoa Juridica.