Brazil: selling a property, from valuation to the Darf

Preparing

0 of 6

Ask the real estate registry office for an up-to-date certificate of the property record (matrícula).
It shows who owns the property and the encumbrances on it. In the deed, the notary records the ownership and encumbrance certificates (Law 7,433/1985, art. 1, § 2).
Check that the IPTU and the property’s fees are paid and ask the municipality for a certificate of no debts.
Claims for taxes on the property pass to the buyer, unless the title proves they were paid (CTN, art. 130).
Ask the condominium for a statement that the property has no debts.
The buyer answers for the seller’s debts to the condominium, including fines and interest (Civil Code, art. 1345).
If there is a mortgage loan, ask the bank for the updated outstanding balance and agree how it will be paid off.
If the buyer takes over the balance, the sale value for tax purposes is only what you actually receive (IN SRF 84/2001, art. 19, III).
Gather the proofs of cost: purchase deed, receipts for works, ITBI, brokerage and registration.
Each of them goes into the acquisition cost and reduces the capital gain, with proof (IN SRF 84/2001, art. 17).
Estimate the capital gains tax before setting the price.
The site’s calculator shows the tax, the exemptions and the effect of the holding time.

0 of 2

Set the price with a market valuation and with what you need to receive after brokerage, tax and debts.
What is left from that sum is your net.
If you use a broker, agree the commission and whether it is exclusive in writing.
The brokerage is due if the broker reaches the agreed result; if you close directly, you only owe it with written exclusivity (Civil Code, arts. 725 and 726).

0 of 4

Receive the offer in writing, with price, form of payment, deadlines and who pays each expense.
Without a clause to the contrary, the buyer pays the deed and the registration, and the seller the costs of delivery (Civil Code, art. 490).
If you receive a deposit (sinal or arras), say in the contract whether there is a right of withdrawal.
With withdrawal, whoever gave the deposit loses it and whoever received it returns it with the equivalent (Civil Code, art. 420); without it, arts. 418 and 419 apply.
Sign the purchase and sale promise contract and, if you want to give the buyer security, register it.
A promise without withdrawal, registered at the registry office, gives the buyer a real right to acquire the property (Civil Code, art. 1417).
Read the clauses on payment term, late penalty and handing over the keys before signing.

0 of 5

Gather the personal documents and the certificates the notary’s office asks for.
The notary records the proof of ITBI, the tax certificates and the ownership and encumbrance certificates (Law 7,433/1985, art. 1, § 2).
Check that the ITBI was paid to the municipality: the deed records the proof.
The ITBI is a municipal tax: the taxpayer is either party, as local law provides (CTN, art. 42).
Sign the public deed at the notary’s office.
For a property worth more than 30 times the highest minimum wage, the public deed is essential to the validity of the sale (Civil Code, art. 108).
Follow the registration of the deed on the property record and ask the buyer for the new matrícula as proof.
Ownership only passes to the buyer with the registration; until then, the seller remains the owner in the eyes of the law (Civil Code, art. 1245).
Hand over the keys only after receiving the price, if the sale is not on credit.
The seller is not obliged to deliver the property before receiving the price, when the sale is not on credit (Civil Code, art. 491).

0 of 4

Work out the capital gain: sale value, minus brokerage, minus acquisition cost.
The GCAP program of the Federal Revenue Service (Receita Federal) does the official calculation, applies the reductions and generates the Darf.
See whether an exemption applies: only property sold for up to R$440,000.00 or reinvestment within 180 days.
In reinvestment, the period counts from the date of the sale contract, the money goes to another residential property and the option is reported in the tax return (Law 11,196/2005, art. 39).
Pay the Darf, code 4600, by the last working day of the month after the gain.
In an installment sale, the tax is paid on each installment received. Late payment brings interest and a penalty (IN SRF 84/2001, arts. 30 to 32).
Declare the sale in the following year’s annual tax return and take the property out of Assets and Rights.
Whoever had a taxable capital gain in the year, or opted for the 180-day exemption, must file a return (Federal Revenue Service, IRPF 2026, question 001).

0 of 3

Close the property’s accounts up to the handover date: electricity, water, gas, internet and condominium.
Do an inspection with the buyer and record the state of the property when the keys are handed over.
Keep the deed, the proofs of cost, the Darf and the return for at least five years.
It is the period in which the tax authority can, as a rule, collect the tax from whoever pays by self-assessment (CTN, art. 150, § 4).