Samoa Offshore: Tax Haven List and Impact on Brazil

Samoa is on the favored-taxation list of Brazil's Federal Revenue Service (Receita Federal) (IN RFB 1,037/2010, art. 1, item XLVII, as "Western Samoa"). For a Brazilian resident, this weighs more than Samoan law: the profits of a company controlled in Samoa are taxed on December 31 of each year (Law No. 14,754/2023 (Lei 14.754/2023), art. 5).

Does Brazil consider Samoa a tax haven?

Yes, according to the Receita Federal list. IN RFB 1,037/2010 lists countries and dependencies with favored taxation and includes, in item XLVII of art. 1, "Western Samoa." The preceding item, XLVI, is "American Samoa," which is a different territory. Always check the consolidated version of the rule before deciding, because the list has been amended more than once.

The general criterion comes from Law No. 9,430/1996 (Lei 9.430/1996). Art. 24, as worded by Law No. 14,596/2023 (Lei 14.596/2023), treats as a favored-taxation country one that does not tax income or taxes it at a maximum rate below 17%. Art. 24-A deals with privileged tax regimes.

What changes for a Brazilian who controls a company in Samoa?

The company's profits come to be taxed in Brazil on December 31 of each year, even without distribution, under art. 2 of Law 14,754/2023 (art. 5, caput). This regime applies to a controlled entity that is in a favored-taxation country or dependency, or benefits from a privileged tax regime, or earns own active income below 60% of total income (art. 5, § 5). Since the test is an "or," being in a country on the list is enough.

The law defines a controlled entity broadly. Art. 5, § 1 includes companies and other entities, with or without legal personality, in which the individual:

• •holds, directly or indirectly, rights that ensure a preponderant vote in corporate decisions or the power to elect or remove the majority of the directors; or
• •owns more than 50% of the capital or of the rights to profits and assets, alone or with related persons.

The rate in art. 2, § 1 is 15% on the annual portion of income, with no deduction from the calculation base. Art. 4 allows deducting the tax paid abroad on the same income, if there is a treaty providing for compensation or reciprocal treatment, within the limits of the article itself. For controlled-entity scenarios in general, see the CFC rules worldwide.

Which Samoan law governs the international company?

Samoa's international companies are created under the International Companies Act. The Samoa IBFC, the outreach arm of the Samoa International Finance Authority (SIFA), cites the law as the "International Companies Act 1988"; other sources cite it as from 1987. So check the citation and the consolidated version in force before using the text in a contract.

According to the Samoa IBFC page, registration requires a memorandum and articles of association and notice of the registered office. The same page states that there is no minimum capital and that one director is enough. Treat this as a promotional summary, not as legal text.

A domestic company falls under the Companies Act 2001, listed on the MCIL portal. It serves those operating in Samoa's local market, not typical offshore planning.

Is the tax exemption for Samoan international companies still in force?

Do not assume so. The Samoan Parliament's website lists, among the 2026 laws, the Miscellaneous (Removal of Tax Exemption for International Companies) Amendment Act, that is, a law that removes the tax exemption for international companies. The text file requires a login, so it was not possible to read its content, scope or effective date.

For that reason, this article does not claim that Samoa has "zero taxation" for international companies. Before setting up or keeping a company there, ask the trustee or local lawyer for the text in force and the date on which each rule takes effect. For Brazil, the answer is already known: the controlled entity's profit is taxed on December 31 either way.

How does Brazil treat a trust set up in Samoa?

A trust abroad is treated by art. 10 of Law 14,754/2023. The trust's assets and rights remain under the settlor's ownership after the trust is established and pass to the beneficiary's ownership at the time of distribution or the settlor's death, whichever comes first. The law also provides for cases in which the transfer may be considered earlier; read § 1 of the article before building the structure.

This affects asset protection and succession planning. See the articles on offshore trusts and asset protection and the succession planning service.

What declarations must a Brazilian resident make?

Besides income tax, there is the Brazilian Capital Abroad report (CBE), regulated by BCB Resolution 279. It covers, among other items, equity interests in non-resident companies (art. 7, I) and assets abroad transferred to a trustee for management in favor of resident beneficiaries (art. 7, § 2).

The annual report is mandatory when the total of Brazilian capital abroad on December 31 is equal to or greater than USD 1,000,000.00 or the equivalent in other currencies (art. 10). It is filed from February 15 to April 5 of the following year (art. 13). The CBE page at the Central Bank provides the official guidance.

What about banks, FATF and information exchange?

This article does not state Samoa's current status with the FATF or in the OECD information exchange standard, because I could not check the official pages in this review. Consult the FATF and OECD websites before deciding. Banks run their own country risk analysis, and there is no single official source on which ones accept Samoan structures. To open accounts, see the offshore banking service and the comparison between EMIs and banks.

If the structure involves operations in more than one country, also assess the risk of a permanent establishment and the set of compliance obligations.