Do sons-in-law and daughters-in-law have the right to inherit from their parents-in-law? See what the law says

 

How long must a couple live together to be entitled to inherit?

 

TJSP rules out ITCMD on inheritances and donations from abroad

Divergences between the STF and TST on pejotization

In an article for Revista Consultor Jurídico (ConJur), partner Alexandre Fragoso Silvestre talks about the news that has emerged about STF decisions that change previous TST and TRT decisions. These decisions mainly deal with the recognition of employment relationships for workers hired as legal entities.

“The case being discussed must be closely connected, correlated, bring the same facts, so that it can then have its merits assessed. In other words, in order to allow pejotização, for example, of doctors or any other liberal professional, it is essential that in the ordinary instances it has not been proven that there was fraud, or that the four main requirements of the employment relationship were not present, namely: onerousness, personality, habituality and subordination”, explains Alexandre.

Read the full article at https://www.conjur.com.br/2024-mai-25/divergencias-entre-stf-e-tst-em-relacao-a-pejotizacao/

Return

Related publications

Inheritance Income Tax? Yes, you read that right!

In a commentary for It’s Money, lawyer Marina Chaves talks about the recent decision by the Federal Supreme Court (STF) which has a significant impact on estate and succession planning for Brazilian families, in an article by Robson Tavernard, partner at Blue3 Investimentos. “The STF’s validation of the joint collection of IR and ITCMD represents a significant increase in the tax burden on inheritances, requiring even more detailed and strategic planning to protect family assets,” says Marina, who highlights the increased complexity and tax burden…
Keep reading

Taxation of profits and dividends: legislative change

In Brazil, the distribution of profits and dividends calculated based on the results calculated by the companies is not subject to income tax. In practice, corporate entities tax their profit with a nominal rate, as a rule, at the rate of 34% (income tax “IRPJ”, its additional IRPJ and social contribution on net profit “CSLL”), but their distribution to domestic partners and shareholders is exempt, causing no further taxation. This exemption originates from a legislative change in 1995, with the enactment of Law 9249/95, which…
Keep reading

How long must a couple live together to be entitled to inherit?

In an article for ESTADÃO’s E-Investidor, Samantha Teresa Berard Jorge talks about the decision of couples who choose to just “put their toothbrushes together” and not formalize a stable union. However, the legal consequences can vary, especially in relation to inheritance, since Brazilian legislation defines “necessary heirs” as those who are entitled to the share of the assets left by the deceased, called legitimate inheritance. “In order for the right to inheritance to be recognized, the stable union must be judicially recognized, if a public…
Keep reading