The absentee foreign owner: managing, renting and declaring without living in Brazil

The starting point: being a non-resident changes the rules

Many foreigners buy in Florianópolis and keep living abroad. You can, but you have to set up a minimal structure: someone to act for you in Brazil, a way to rent and collect, and a tax treatment that is not that of a resident. That last point is the one most often misunderstood, so it's worth laying it out calmly. Preliminary note: this is general information, not tax advice; each case should be closed with a Brazilian accountant.

The procuração: your signature in Brazil when you're away

For a third party to act on your behalf, a mandate (procuração) is granted. Its form follows the act: if the transaction requires a public deed, the procuração must also be public (Civil Code, art. 657). And mind the scope: acts that exceed ordinary administration —selling, mortgaging, settling— require special and express powers, with specific identification of the property (art. 661). A power "in general terms" only serves to administer, not to sell. Defining the scope well avoids surprises in both directions.

Renting from abroad: the property manager

To rent without being present, the usual route is to hire a property manager / imobiliária. The brokering and management of rentals is an activity reserved for the licensed real-estate agent (corretor de imóveis): the firm and its agents must be registered with the state's CRECI —in Santa Catarina, the CRECI-SC— (Lei 6.530/1978). Verifying that registration is your first filter for seriousness. The rental relationship is governed by the Lei do Inquilinato (Lei 8.245/1991); if you're considering seasonal (vacation) rental, the law defines it as intended for temporary residence for a period no longer than 90 days, allows advance payment and requires a written contract (art. 48).

The rental tax: 15% at source, not carnê-leão

This is the most common mistake. The carnê-leão —the monthly mechanism for declaring rents— is for residents. Rent paid to a beneficiary resident or domiciled abroad is taxed differently: Imposto de Renda Retido na Fonte (IRRF) of 15%, with exclusive and definitive taxation at source (Lei 9.779/1999, art. 7; RIR/2018, art. 763). There is no annual adjustment or deductions: it is withheld and that's it. The withholding is done and paid by your attorney-in-fact or the paying source, through a DARF with code 9478, on the date the tenant pays. And there is an aggravating factor: the rate rises to 25% if the beneficiary resides in a favored-taxation jurisdiction. There is a minority technical debate about whether certain non-resident income could follow the progressive table; the dominant position and the practice (DARF 9478 itself) point to 15% at source. Confirm your case with an accountant before operating.

Keeping the CPF and the tax representative active

The owner's CPF must remain active. A non-resident can register or regularize it through an attorney-in-fact in Brazil. After a definitive departure, the CPF is not canceled: it moves to non-resident status, and the tax representative is the channel before the Receita Federal for Brazilian-source income, assets and the property in the country. Without an active CPF and without a representative, you cannot operate or meet the local obligations.

Collecting abroad: remitting the rent

To send the rent abroad, you use the foreign-exchange market regulated by the new currency framework (Lei 14.286/2021, effective since January 2023), through an authorized institution and with reporting to the Central Bank. One point not to confuse: the Declaração de Capitais Brasileiros no Exterior (CBE) is the reverse of your situation —it is filed by residents in Brazil with assets abroad—; a non-resident foreign owner taking income out of Brazil is not subject to the CBE.

IPTU, condominium and the rest of the everyday

The municipal IPTU and the property's condominium fee can be paid remotely —by direct debit, boleto or through the attorney-in-fact/manager—. These are the owner's obligations, municipal and condominium based, independent of the federal IRRF on the rent. In practice, a good manager centralizes these payments and reports back to you, which is exactly what you need when you're thousands of kilometers away.

In summary

An absentee owner needs four pieces: a procuração with the correct scope, a manager with CRECI-SC to rent and manage, clarity on the rental tax (15% at source for the non-resident, not carnê-leão) and a câmbio channel to remit the income. With those pieces well assembled, managing a property in Florianópolis from abroad is perfectly viable. Close the tax details with a Brazilian accountant.

Sources

• Receita Federal — taxation of non-residents; 15% IRRF on rent to a resident abroad (basis Lei 9.779/1999; RIR/2018, Decreto 9.580/2018, art. 763; DARF 9478); 25% for a favored jurisdiction.
• IN SRF 208/2002 — the non-resident's representative/attorney-in-fact; the non-resident's CPF (IN RFB 2.172/2024).
• Civil Code (Lei 10.406/2002) — arts. 657 and 661 (procuração, special powers).
• Lei 8.245/1991 (Inquilinato) — art. 48 (seasonal rental); Lei 6.530/1978 (real-estate agent / CRECI-SC).
• Lei 14.286/2021 and Resolução BCB 277/2022 — currency framework (remittance abroad).
• Banco Central — CBE (Capitais Brasileiros no Exterior), the inverse situation to the non-resident owner's.