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Investments That Were Tax-Exempt Will Now Face Immediate Charges: Provisional Measure May Tax CRIs, CRAs, Debentures, and Even Cryptocurrencies Without Mercy

Published on 30/09/2025 at 10:46
Medida provisória muda a tributação de investimentos, atinge CRI e até criptomoedas, unifica regras e redefine impacto no bolso do investidor.
Medida provisória muda a tributação de investimentos, atinge CRI e até criptomoedas, unifica regras e redefine impacto no bolso do investidor.
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New Provisional Measure Unifies Rate of 17.5% on Investments, Introduces Withholding for Previously Exempt Bonds and Changes Rules for Stocks and Cryptocurrencies.

The provisional measure that went into effect in Brazil changes the way various investments are taxed and paves the way for simplification with a unified rate of 17.5% on several applications. There are positive points of standardization, but also new charges on assets that were exempt, which could affect prices, issuances, and portfolio strategies.

According to Raul Sena, an investor since 2012 and founder of AUVP, the text will still go through Congress and may undergo changes, gain amendments, or even lose validity. As Raul Sena reminds us, “a provisional measure is not a definitive law”: if approved, it becomes a conversion bill; if it does not progress, it lapses. In the meantime, investors need to understand what changes now and what may change later.

What Changes in Practice with the Unified Rate

The main proposal is to replace the regressive table (22.5% to 15%) with a single rate of 17.5% for returns on financial investments such as CDBs and Treasury bonds.

For the small investor, this simplifies the comparison between products and reduces common planning errors.

If the rate were 15%, the environment would become even more competitive for domestic savings; at 17.5%, at least the confusion in calculating net returns is eliminated.

It is a “partial simplification”, because other changes create relevant exceptions.

Fixed Income and Previously Exempt Bonds (LCI, LCA, CRI, CRA)

Sensitive point: introduction of a 5% withholding tax on new issuances of LCI, LCA, CRI, CRA, LIG, and incentivized debentures, which were exempt for individuals.

Old papers would likely retain the exemption, preserving a “stock” with different treatment.

This charge does not bring simplification and may discourage issuances that finance the productive sector, especially CRI/CRA and infrastructure debentures.

The likely collateral effect is reduction of net yield and repricing of offerings.

Stock Market: Quarterly Gains and Volume Exemption

For operations in stocks, derivatives, REITs, and Fiagro, the MP proposes taxing net gains at 17.5% on a quarterly basis, maintaining exemption up to R$ 60,000 per quarter (instead of R$ 20,000 per month).

The quarterly exemption is an advance, as it allows selling a larger volume at once without income tax.

On the other hand, the jump from 15% to 17.5% on long-term operations makes divestment more expensive. In day trading, the rate would drop from 20% to 17.5%, favoring short-term and dissociating incentives for those who build wealth slowly.

REITs and Fiagro: Controversy Over Returns

There is speculation regarding taxation of REITs/Fiagro returns as a general rule at 17.5%, with specific scenarios at 5%. If it advances, it would affect the attractiveness of monthly income, a pillar for long-term investors.

In practice, the market works with the possibility of a rollback of this point during the proceedings, precisely to preserve predictability for the real estate and agribusiness industries.

ETFs and Open Funds: Asymmetry in the Rules

In stock ETFs, the rate would rise from 15% to 17.5%, which penalizes a growing industry. Meanwhile, fixed income ETFs would follow fund rules (with income tax of 20% or 7.5% if the portfolio holds only incentivized papers), generating asymmetry compared to open funds that would migrate to 17.5% with come-cotas.

For the end investor, the consequence is higher costs and less clarity when comparing vehicles that solve similar problems (cheap and transparent diversification).

Cryptocurrencies and JCP: Hardening and Signals

In cryptoassets, capital gains would go to 17.5% with quarterly assessment and no exemption, with loss compensation only within the segment itself.

This increases the cost for retail operations and eliminates the former reference of 15% above R$ 35,000/month.

For Interest on Own Capital (JCP), withholding would rise from 15% to 20%. This move paves the way for discussions about dividends in the future, still outside the MP but on the radar.

Foreign Investor and Tax Havens

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The exemption for foreigners on stocks and BDRs would be maintained, except when the investor is in a tax haven, in which case the rate would be 25%.

In fixed income, the general rule would remain at 17.5% (and 25% for tax havens). The idea is to curb arbitrages without scaring away capital.

What May Still Change in Congress

The legislative path continues: the provisional measure may receive amendments, be changed in the report, converted into law with adjustments, or lapse.

There is parliamentary articulation against specific points, especially taxation of REITs/Fiagro returns and withholding on incentivized bonds.

For the investor, the message is one of caution: monitor the proceedings, avoid impulsive decisions, and evaluate due dates, tax regimes, and any “acquired rights” (such as the exemption preserved in old papers).

How to React Now: Practical Steps Without Panic

Map your portfolio by asset class and identify where the MP alters your income tax (e.g., previously exempt fixed income, stock ETFs, crypto).

This helps separate “noise” from real impact.
Observe the opportunity cost: if you invest aiming for passive income, focus on net yield after taxes, not just on the label “exempt”.

Avoid drastic moves before the definition in Congress; targeted rebalancing is preferable to complete strategy turnarounds.

Consistency beats anxiety: tax changes happen worldwide; the point is to adjust the course without derailing the plan.

The provisional measure seeks to simplify rates, but introduces taxes where there was previously exemption, redistributing incentives among fixed income, stocks, funds, ETFs, and crypto.

There are gains in clarity in some areas, but points that could harm productive financing and the long-term investor deserve review in Congress. Until then, information, discipline, and net return calculations are the best defenses.

Do you agree that the provisional measure simplifies the investor’s life or do you think that the new cost on previously exempt bonds discourages savings? Which change affects your portfolio the most: CRI/CRA, REITs/Fiagro, ETFs, or cryptocurrencies? Share in the comments what you plan to adjust and why.

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Maria Heloisa Barbosa Borges

Falo sobre construção, mineração, minas brasileiras, petróleo e grandes projetos ferroviários e de engenharia civil. Diariamente escrevo sobre curiosidades do mercado brasileiro.

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