Offshore Private Jet: Registration, Taxation and Structure 2026

A Brazilian resident can own a jet through a company abroad, but the structure does not hide or exempt anything. The company is a controlled entity and goes on the annual adjustment return. The aircraft has the nationality of the country where it is registered. Flying it to or keeping it in Brazil involves ANAC and the Federal Revenue Service.

How does Law 14,754 treat the company that owns the jet?

The company that holds the aircraft is "controlled" when you, alone or with related parties, have preponderance in decisions or more than 50% of the capital or profits (art. 5, § 1, of Law No. 14,754/2023, or Lei 14.754/2023). Its profit is taxed on December 31 of each year if it is in a favored-taxation country or privileged regime, or if its own active income is below 60% of total income (art. 5, § 5). The rate is 15% on the annual adjustment, with no deductions (art. 2, § 1).

The third point weighs heavily for a jet. A company whose only revenue is renting the aircraft to another company in the group has passive income, and its profit is taxed in Brazil every year, even without distribution. The law applies to resident individuals. If the owner is a Brazilian company, the rules are different and call for accounting analysis.

To see how this logic applies to other structures, see the international tax planning service and the article on Pillar Two and the global minimum tax.

Where should I register the jet: Brazil or abroad?

An aircraft is considered to have the nationality of the State in which it is registered (art. 108 of the Brazilian Aeronautical Code, Law 7,565/1986). For that reason, the choice of registry defines which safety, airworthiness and ownership rules apply to the jet. The Brazilian registry is public, single and centralized, and it is where ownership, mortgages and contracts are recorded (arts. 72 and 106, sole paragraph).

For an aircraft that is already registered in another country, the code allows Brazilian registration by whoever acquires it, with proof of the transfer of ownership, or by whoever operates it, with the owner's express consent (art. 110). Registration is provisional when made by a lessee or user with the owner's mandate or consent (art. 111, I). No aircraft flies without an airworthiness certificate, and foreign certificates can be validated only if they meet the requirements of the regulation (art. 114, § 2).

In the United States registry, FAA rules limit who can be the owner:

In practice, someone who flies mostly outside the U.S. has difficulty keeping a U.S. registration in the name of a foreign company. Cayman, the Isle of Man, Aruba and other authorities have their own rules, which this text does not detail. Confirm the requirements with the authority of the chosen country before forming the company, and consult ANAC for Brazilian registration.

What does the Federal Revenue Service require when the jet enters or flies in Brazil?

The person responsible for a private aircraft that enters the country under its own power must report to the customs unit at the authorized place of entry within 24 hours (art. 66 of the Customs Regulation, Decree 6,759/2009). Airport managers must notify customs of the arrival of general aviation aircraft coming from abroad right after landing (art. 59, sole paragraph).

Stay in the country can take place under the temporary admission regime, which suspends the payment of taxes in full or, if there is economic use, in part (art. 353). Economic use means using the good to provide services to third parties or to produce goods for sale (art. 373, § 1). In that case, 1% of the taxes originally due is paid for each month of stay (art. 373, § 2), and the term follows the operating lease, rental or loan contract with the foreign person (art. 374).

Which regime applies to your jet depends on the use and the contract. Ask a customs broker or customs lawyer for analysis before the first flight to Brazil.

Leasing or direct purchase: what changes in the contract?

Aircraft leasing occurs when one party grants the other, for a fixed term and for consideration, the use and enjoyment of the aircraft or its engines (art. 127 of the Brazilian Aeronautical Code). The contract is recorded in the Brazilian Aeronautical Registry (art. 128). Operation is the legitimate use of the aircraft on one's own account, by an owner or not, for profit or not (art. 122).

In a direct purchase by the individual, the jet is an asset abroad in your name. In a purchase by a company that then leases the aircraft to you or to another company, there is a lease contract and that company's income falls under the rent rule described above. Both paths require clear ownership documents, because the registry and customs ask for proof of who owns and who operates.

To set up the owning company, see corporate structures and the jurisdictions Cayman Islands, Delaware and Wyoming. Those who combine a company and a trust can read LLC and trust for asset protection.

What should I declare to the Federal Revenue Service and the Central Bank?

Income from investments abroad and profits of controlled entities go on the Annual Adjustment Return, separately from other income (art. 2 of Law 14,754). In the Brazilian Capital Abroad report (CBE), anyone with US$1,000,000.00 or more in assets abroad on December 31 files the annual version, according to the Central Bank manual. The manual lists, among the declarable items, assets (except real estate) abroad in the declarant's possession. Check the manual to see how to report the aircraft or the interest in the company that holds it.

For compliance routines, see the compliance service.

Can the jet generate revenue from charter flights?

Charter depends on the person who operates the aircraft being authorized to provide the air service, and ANAC's rules for that were not checked in this text. Consult ANAC before offering the jet to third parties.

On the tax side, Law 14,754 excludes rental revenue from own active income, but it does not list services provided by the company itself. How to classify a specific revenue is a question for the accountant. No charter revenue should be projected without a contract and without authorization from the aeronautical authority.