TJSP rules out ITCMD on inheritances and donations from abroad

In an article for Monitor Mercantil, Carolina Pereira Rezende and Samantha Teresa Berard Jorge comment on the recent decisions of the TJSP that applied the STF’s understanding of Theme 825 to rule out the collection of ITCMD on inheritances and donations from abroad.

“As a reminder, Theme 825, judged under general repercussion by the Federal Supreme Court, defined that states are unable to collect ITCMD without the intervention of a Complementary Law, when assets, inheritances, donors or deceased persons are located abroad,” they add.

Read the article at https://monitormercantil.com.br/tjsp-afasta-itcmd-sobre-herancas-e-doacoes-do-exterior/

Related publications

11 tax’s key Issues for multinationals and Brazilian companies

Briganti Advogados, as a renowned Tax Law office and international operations, supports the search for the best tax efficiency for Brazilian and foreign companies that run trades across various jurisdictions. This action seeks to plan the beginning of the business, whether it is the purchase and sale, distribution, eventual permanent investment, or the organization of an existing business structure that, due to some characteristics of the countries’ legislation involved, does not reach the best tax efficiency.  In our daily tax consulting practice, it is common…

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…

Law created during the pandemic could be a shortcut to preserving jobs in Rio Grande do Sul

In a comment to InfoMoney, partner Alexandre Fragoso Silvestre talks about law 14.437, created during the pandemic, which could be a shortcut to preserving jobs in Rio Grande do Sul. “Thanks to the law, many jobs were preserved and companies were able to keep their cash flowing. Unfortunately, the tragedy that is now striking the state of Rio Grande do Sul is also very big and will certainly depend on all help to recover,” Alexandre recalls. Check out the full story at https://www.infomoney.com.br/minhas-financas/lei-criada-na-pandemia-pode-ser-atalho-para-preservar-empregos-no-rs/