The Same Union Relief Every Member State Applies: Six Months Owned, Twelve Months Away
Answer
The general rule applies to you
No exception is recorded for citizens of Brazil on this topic. That is the answer, not a gap - everything below is the rule you get, unchanged.
147 exceptions recorded across 54 countries · none match Brazil to Luxembourg · Bringing your belongings
Luxembourg does not decide this. Personal property imported by someone transferring their normal residence from a third country into the customs territory enters free of import duties on conditions set by a directly applicable Union regulation: six months' possession and, for durable goods, use at the former residence; a continuous twelve months of normal residence outside the customs territory; and entry for free circulation within twelve months of the move. Alcohol, tobacco, commercial means of transport and trade equipment other than portable instruments of the applied or liberal arts get no relief at all.
At a glance
- Import duty on household goods
- None, if the conditions are met
Article 3 of Council Regulation (EC) No 1186/2009.
- How long you must have owned them
- Six months before you stopped living there
Article 4(a), which allows special cases justified by the circumstances.
- How long you must have lived abroad
- A continuous 12 months
Article 5.
- Deadline to bring them in
- 12 months from establishing residence here
Article 7(1). The goods may arrive in several consignments inside that period.
- No relief at all
- Alcohol, tobacco, commercial means of transport, and trade equipment other than portable instruments
Article 6.
Requirements
- Transfer of your normal place of residence from a third country to the customs territory
- Possession, and use of durable goods, at the former residence for at least six months
- Normal residence outside the customs territory for a continuous twelve months
- Entry for free circulation within twelve months of establishing the new residence
What applies to you
Nothing changes for a citizen of Brazil
We have no rule recorded that treats your citizenship differently here, so the general rule above is the one that applies to you. That is an answer, not a gap.
What the law says
«Subject to Articles 4 to 11, personal property imported by natural persons transferring their normal place of residence from a third country to the customs territory of the Community shall be admitted free of import duties.»The relief itself.
Read it at the sourceAbout this source
The Union's legal database. Publishes each act as adopted in the Official Journal and, separately, a consolidated version carrying every amendment to a stated date, identified as 0YYYYRNNNN-YYYYMMDD. The consolidated text marks each amended passage with the instrument that changed it.
Standing: Maintains the text in force
Cannot be cited for: A consolidated text is explicitly not authentic - EUR-Lex says so on the document - and only the Official Journal version has legal force. It also says nothing about how any member state applies the act: a regulation is directly applicable but the border practice, the evidence an officer may ask for and the national exceptions are in national law, which is published elsewhere.
We re-read it every 90 days. More about this source
«The relief shall be limited to personal property which: (a) except in special cases justified by the circumstances, has been in the possession of and, in the case of non-consumable goods, used by the person concerned at his former normal place of residence for a minimum of six months before the date on which he ceases to have his normal place of residence in the third country of departure; (b) is intended to be used for the same purpose at his new normal place of residence.»Six months of ownership and the same-use condition.
Read it at the sourceAbout this source
The Union's legal database. Publishes each act as adopted in the Official Journal and, separately, a consolidated version carrying every amendment to a stated date, identified as 0YYYYRNNNN-YYYYMMDD. The consolidated text marks each amended passage with the instrument that changed it.
Standing: Maintains the text in force
Cannot be cited for: A consolidated text is explicitly not authentic - EUR-Lex says so on the document - and only the Official Journal version has legal force. It also says nothing about how any member state applies the act: a regulation is directly applicable but the border practice, the evidence an officer may ask for and the national exceptions are in national law, which is published elsewhere.
We re-read it every 90 days. More about this source
«Relief may be granted only to persons whose normal place of residence has been outside the customs territory of the Community for a continuous period of at least 12 months.»The twelve months abroad.
Read it at the sourceAbout this source
The Union's legal database. Publishes each act as adopted in the Official Journal and, separately, a consolidated version carrying every amendment to a stated date, identified as 0YYYYRNNNN-YYYYMMDD. The consolidated text marks each amended passage with the instrument that changed it.
Standing: Maintains the text in force
Cannot be cited for: A consolidated text is explicitly not authentic - EUR-Lex says so on the document - and only the Official Journal version has legal force. It also says nothing about how any member state applies the act: a regulation is directly applicable but the border practice, the evidence an officer may ask for and the national exceptions are in national law, which is published elsewhere.
We re-read it every 90 days. More about this source
«No relief shall be granted for: (a) alcoholic products; (b) tobacco or tobacco products; (c) commercial means of transport; (d) articles for use in the exercise of a trade or profession, other than portable instruments of the applied or liberal arts.»The four exclusions.
Read it at the sourceAbout this source
The Union's legal database. Publishes each act as adopted in the Official Journal and, separately, a consolidated version carrying every amendment to a stated date, identified as 0YYYYRNNNN-YYYYMMDD. The consolidated text marks each amended passage with the instrument that changed it.
Standing: Maintains the text in force
Cannot be cited for: A consolidated text is explicitly not authentic - EUR-Lex says so on the document - and only the Official Journal version has legal force. It also says nothing about how any member state applies the act: a regulation is directly applicable but the border practice, the evidence an officer may ask for and the national exceptions are in national law, which is published elsewhere.
We re-read it every 90 days. More about this source
«1. Except in special cases, relief shall be granted only in respect of personal property entered for free circulation within 12 months from the date of establishment, by the person concerned, of his normal place of residence in the customs territory of the Community. 2. The personal property may be released for free circulation in several separate consignments within the period referred to in paragraph 1.»The deadline, and the permission to move in more than one consignment inside it. Article 5 of the same Regulation carries a different rule and is sometimes cited for this one by mistake.
Read it at the sourceAbout this source
The Union's legal database. Publishes each act as adopted in the Official Journal and, separately, a consolidated version carrying every amendment to a stated date, identified as 0YYYYRNNNN-YYYYMMDD. The consolidated text marks each amended passage with the instrument that changed it.
Standing: Maintains the text in force
Cannot be cited for: A consolidated text is explicitly not authentic - EUR-Lex says so on the document - and only the Official Journal version has legal force. It also says nothing about how any member state applies the act: a regulation is directly applicable but the border practice, the evidence an officer may ask for and the national exceptions are in national law, which is published elsewhere.
We re-read it every 90 days. More about this source
Practical notes
Luxembourgish import VAT on a transfer of residence is a separate relief under a separate instrument and is not read here.
The Regulation is directly applicable, so this record is the same law as the Austrian, Belgian, German, Spanish, Portuguese and Italian ones, and all of them rest on one text.
- consolidatesCouncil Regulation (EC) No 1186/2009
EUR-Lex, Publications Office of the European Union
About this source
The Union's legal database. Publishes each act as adopted in the Official Journal and, separately, a consolidated version carrying every amendment to a stated date, identified as 0YYYYRNNNN-YYYYMMDD. The consolidated text marks each amended passage with the instrument that changed it.
Standing: Maintains the text in force
Cannot be cited for: A consolidated text is explicitly not authentic - EUR-Lex says so on the document - and only the Official Journal version has legal force. It also says nothing about how any member state applies the act: a regulation is directly applicable but the border practice, the evidence an officer may ask for and the national exceptions are in national law, which is published elsewhere.
We re-read it every 90 days. More about this source