Change ownership of property

I have a friend who purchased a floating lodge and a piece of property with our funds and it is in his name. We now have a cpf card and want to know how to get the lodge building in both our names and just the property  transfered in my name only. No change of money will occur.

01/31/23 I have a friend who purchased a floating lodge and a piece of property with our funds and it is in his name. We now have a cpf card and want to know how to get the lodge building in both our names and just the property transfered in my name only. No change of money will occur.
-@merrittdl12


Welcome, merrittdl12.  If your friend registered the purchase correctly, he should have an "Escritura", serving as a deed and a title history,  from a cartório documenting the purchase.  It should be more or less straightforward to go the same cartório with him and have them make an addition to the the Escritura to document a transfer from him to you.  Even though no money will be passing between the two of you, the cartório will still extract its fees, and, when you go to the Prefeitura to change the tax registration -- which you must -- they'll expect some fees, too.

abthree is correct.  Even if this is mere donation of title, you will be liable to pay Cartorio's Fees for this. For as long as there is no full transfer of deed, you won't incur in transfer taxes over the appraised value.


You  can ask to get a slight  Change in the Matricula in a procedure called Averbacao, which is the translation of addition or addendum.


Averbacoes are used for things such as Liens, Debt Contracting Adjustments, Leasehold, and could be used in a change of ownership structure, as if you were taking partners on the property Title and Deed.


These fees are straightforward and published, so  no surprises.

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

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. 

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.   

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.