e-BEF: December 31, 2026 deadline is approaching

In our previous newsletter on this topic, we presented the new rules governing the identification and reporting of ultimate beneficial owners to the Brazilian Federal Revenue Service (Receita Federal do Brasil, or RFB). As the end of 2026 approaches, entities whose reporting obligation is already in force should assess their status and, where applicable, complete the Digital Ultimate Beneficial Owner Form (Formulário Digital de Beneficiários Finais, or e-BEF) by December 31, 2026.

The e-BEF is the digital form through which entities disclose to the RFB the individuals who ultimately own, control or exercise significant influence over them (RFB Normative Instruction No. 2,290/2025). This information becomes part of the entity’s registration data in the Brazilian Federal Taxpayer Registry (CNPJ).

Applicable deadlines and specific situations

For the obliged entities, the annual deadline is December 31, 2026. This deadline does not apply, however, if any of the events subject to the specific 30-day deadline occurred during the year.

The e-BEF must be filed or updated within 30 days of: (i) the entity’s registration with the CNPJ; (ii) any change involving its ultimate beneficial owners; or (iii) the date on which a previously exempt entity becomes subject to the reporting requirement. Therefore, the December 31 deadline does not remedy any outstanding update obligation that is already overdue.

As the regulations provide for exemptions and a phased implementation schedule for certain entities, each situation must be assessed individually.

Who is considered an ultimate beneficial owner?

As a general rule, an ultimate beneficial owner is an individual who, directly or indirectly: (i) holds more than 25% of the entity’s share capital or voting rights; or (ii) exercises a predominant influence over corporate decisions and has the power to appoint a majority of the members of the entity’s management bodies.

If more than one individual meets these criteria, all such individuals must be reported. If no individual meets these criteria, the individuals exercising the entity’s management must be reported.

How should entities prepare?

Preparing the filing involve mapping the ownership chain, calculating direct and indirect ownership interests, obtaining corporate and identification documents, including documents issued abroad, assessing the applicable exemption scenarios, and reviewing the information pre-filled by the RFB.

Documents supporting the filing or an applicable exemption must also remain available to the RFB.

What are the consequences of failure to comply?

Failure to submit the e-BEF, the submission of incomplete or inaccurate information, and/or failure to provide supporting documents when requested may result in the suspension of the entity’s CNPJ registration, following formal notice to remedy the outstanding matter or demonstrate that an exemption applies.

The suspension may prevent the entity from moving funds through bank accounts, making financial investments, and obtaining loans and tax clearance certificates. Late filing may also result in financial penalties. In addition, evidence that the e-BEF has been filed may be required in connection with CNPJ registration, amendment or deregistration procedures.

An early review can reduce compliance risks

Complex ownership structures, particularly those involving entities or individuals abroad, may require additional time for analysis and document collection. Entities should therefore begin their review in advance.

FIUS is available to confirm each entity’s status, map its ownership chain, organize the required documentation, and assist with the preparation and completion of the e-BEF.