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Murray News

Brazil mulls higher taxes on real estate, agribusiness credit instruments

Congressional rapporteur’s plan would raise income tax to 7.5% while preserving exemptions for infrastructure, agribusiness receivables

09/24/2025 

The rapporteur of the provisional presidential decree that serves as an alternative to the Tax on Financial Transactions (IOF), Congressman Carlos Zarattini (Workers’ Party), will propose increasing the income tax (IR) rate on Agricultural Credit Bills (LCAs) and Real Estate Credit Bills (LCIs) from 5% to 7.5% starting in 2026. The change aims to preserve the exemption on infrastructure bonds, as well as Real Estate (CRIs) and Agribusiness Receivables Certificates (CRAs).

Mr. Zarattini also presented a proposal granting income tax exemption for real estate investment trust (REIT) and agribusiness chain investment funds (Fiagros) with at least 100 shareholders, a profile that currently represents most of the market. The government’s original proposal had set a 5% tax on these investments.

The agribusiness caucus, the largest in Congress, is firmly against raising taxes on agribusiness securities. “We will not accept 7.5% on LCAs,” said Congressman Pedro Lupion, president of the Parliamentary Agricultural Front (FPA).

The report was expected to be submitted on Tuesday (23) to the joint committee of Congress. However, at the request of Lower House Speaker Hugo Motta, its presentation was postponed so the text could first be discussed in a leaders’ meeting. Mr. Zarattini said the party leaders made suggestions, but he does not yet know which will be incorporated. He expects to release the report on Wednesday (24), with a vote at the committee likely on Tuesday (30).

The rapporteur said he will maintain in his report the government’s proposal to establish a fixed 17.5% income tax rate on financial investments in Brazil starting in 2026. This will end the staggered system, which charged 22.5% on investments of up to six months and 15% on those longer than two years. He also said he will maintain the increase in the tax rate on interest on net equity (JCP) from 15% to 20%.

The government’s proposal also granted income tax exemption to foreign investors, provided they are not based in tax havens. The rapporteur broadened this benefit to include certain over-the-counter transactions and the issuance and redemption of depositary receipts in Brazil or abroad. He also kept the 25% tax on earnings of investors domiciled in tax havens, but set the rule to take effect one year after the law is enacted.

Mr. Zarattini also proposed raising the tax on Guaranteed Real Estate Bills (LIG) for individuals from 5% to 7.5%. In the case of LCI, LCA, and Mortgage Bills, he suggested a 7.5% rate for individuals and 17.5% for companies. He also expanded the allocation requirement of LCAs from 65% to 80% and included an “update of the legal framework,” without giving further details.

Mr. Zarattini also introduced a change exempting companies and setting a 7.5% tax on individuals’ earnings from Development Credit Bills (LCDs). The government’s original plan had been 17.5% for companies and 5% for individuals.

The rapporteur said he will keep the provision that establishes two rates for the Social Contribution over Net Profit (CSLL), at 15% and 20%. The 9% bracket will be eliminated, meaning companies currently taxed at that rate will move to 15%. This measure only affects financial institutions, including fintechs.

Also preserved is the government’s proposal to reinstate the 18% tax rate on Gross Gaming Revenue (GGR) from sports betting, as originally suggested by the Finance Ministry when it submitted the sector’s regulation to Congress. Lawmakers had reduced the rate to 12%. This measure has the greatest revenue potential of the package—R$10 billion—within the broader plan to raise revenue and control spending as an alternative to increasing the IOF. The Finance Ministry expects the provisional decree to generate R$20 billion.

The proposal to tax LCIs and LCAs was poorly received by asset managers and market analysts. Guilherme Almeida, head of fixed income at Suno Research, said the measure is negative because these instruments are important funding sources. “The cost associated with these sources is lower and, consequently, so is the cost of credit at the end, due to today’s exemption,” he said.

He cited a study by real estate sector associations estimating that a 5% tax increase on LCIs could raise mortgage lending rates by 0.7 percentage points. “This increase from 5% to 7.5% will have an even greater impact,” he said.

In a statement, the Brazilian Association of Real Estate Credit and Savings Entities (Abecip) said the proposed taxation of LCIs is worrisome and could directly impact mortgage credit rates.

Renato Jerusalmi, founding partner and portfolio manager at Riza Asset, said that among the available options, taxing bank securities is the most suitable because it addresses banks’ very cheap funding, typically at 92% to 94% of the CDI (the interbank deposit rate, used as an investment benchmark in Brazil). “Since banks have access to many different sources, the consolidated impact should not be so significant.” He noted, however, that the operations backing these issuances will see funding affected. “But with a developed capital market, companies have alternatives.” Overall, he said, the measure is negative because it continues the trend of taxing the productive sectors.

For Octaciano Neto, former agriculture secretary of Espírito Santo and founder of agribusiness financing consultancy Zera, LCAs should remain exempt. “Compared with the OECD average, Brazilian agribusiness receives 75% less in subsidies,” he said. He argued that the taxation will drive investors toward CRAs, which will remain tax-exempt. “On the other hand, the taxation will accelerate the capital market’s overtaking of banks in financing agribusiness,” he said.

(Rafael Walendorff contributed reporting, from Brasília)

*By Giordanna Neves, Valor — Brasília

Source: /valor International

https://valorinternational.globo.com/

24 de September de 2025/by Gelcy Bueno
Tags: Brazil mulls higher taxes on real estate
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