Velloza Advogados Associados has a team fully dedicated to estate, tax and succession planning. Our team partakes actively in the design of the optimal custom-tailored solution available under Brazilian and foreign law for asset protection and preservation, addressing the specific personal and financial needs and concerns of each family unit.
Advice is given through a multidisciplinary approach involving:
(i) detailed review of current family asset ownership structure; and
(ii) restructuring recommendations that bolster maximum tax and asset protection efficiency, including assistance in implementation and reinforcement of governance policies for family business groups.
• Pre-immigration or emigration counseling. We have extensive experience working on transfers of tax residence to/from Brazil in conjunction with local and international financial and legal advisors;
• Preparation of covenants, wills, family agreements, governance policies, institution of homestead, gift agreements with protective clauses (incommunicability, creditor exemption, inalienability, reversion) with or without retention of political and/or economic usufruct;
• Establishment of family holding companies (for real estate, equity interest or net worth interests) in Brazil and abroad, accompanied by the analysis of the suitability of special classes of shares or units and specific rights and their tax impacts;
• Assistance in organizing family investment vehicles in Brazil and abroad and their tax and succession aspects in Brazil;
• Prenuptial agreements, marital agreements, regularization of stable unions, change of asset regimes, divorces, marital and non-marital terminations, extrajudicial probate proceedings and asset distributions;
• Preparation of general or transaction-specific powers of attorney, notarial deeds or deeds of declaration of incapacity, anticipated directives, appointment of guardian;
• Review and advice on the preparation of income tax returns and declaration of Brazilian assets in foreign jurisdictions (DCBE), as well as representation in administrative procedures for their regularization;
• Assistance to collect State Tax on Mortis Causa Succession and/or Donation (ITCMD) on assets located in Brazil and abroad;
• Analysis and recommendations from a Brazilian legal and tax perspective related to investments made by individuals and family groups abroad.
Also comprised in this segment are advisory services to (i) family companies and their members in matters of family law and succession, whether in the context of a lawsuit or in the prevention or settlement of litigation, recommending, in each case, the most appropriate approach to safeguard the client’s interests; and (ii) individuals in divorce and dissolution of stable union, alteration of property regime, execution of wills, and related matters.