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Legal Pitfalls for Brazilian Executives on Overseas Assignment Highlighted in New Advisory

Jun 19, 2026
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Legal Pitfalls for Brazilian Executives on Overseas Assignment Highlighted in New Advisory
An in-depth feature published by _Estado de Minas_ on 18 June warns that poorly drafted expatriation contracts can expose Brazilian executives to double taxation, social-security gaps and employment-law disputes. Mobility lawyer Giovana Atarasi Jurca notes that while Brazil’s Law 7.064/82 extends domestic labour protection abroad, multijurisdictional employment contracts often leave key questions of applicable law unresolved. Stock-option plans are a case in point: without explicit tax equalisation, gains may be taxed both where they vest and where they are exercised, eroding incentive value by up to 48 %. Similarly, executives seconded to countries without bilateral social-security accords risk losing pension credits unless the home employer continues INSS contributions. The article prescribes four contractual pillars—maintenance of the Brazilian employment bond, fiscal equalisation, continuity of social-security payments and guaranteed repatriation terms—to safeguard assignees’ long-term financial security. For corporates it is a timely reminder to audit global mobility policies before the September round of budget approvals. HR should validate that assignment letters reference the Hague Apostille Convention for document recognition and that global payroll can handle multi-currency withholding.
Source: Estado de Minas

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