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

Tax agreement discussed for years is closer

In an article in Valor Econômico, partner Leonardo Briganti talks about the tax agreement that has been discussed for years and is getting closer to happening. Brazil is reviewing its stance on international agreements as it moves towards the OECD. This directly affects tax experts, as it implies new interpretations of these agreements. According to Leonardo, the Brazil-Singapore, Brazil-Switzerland and Brazil-United Arab Emirates agreements follow the OECD guidelines against tax evasion and the transfer of capital to tax havens. “The changes, especially with regard to…

The challenges of tax reform in Brazil.

One of the biggest challenges for the year 2023 is the government’s chess game with the National Congress to approve the long-awaited tax reform. An important date in this history is approaching: it is the 23rd of May, when the rapporteur of the proposal of the working group on the subject in the National Congress, deputy Aguinaldo Ribeiro, will deliver the final report with the opinion on the changes that will impact the Brazilian system based on a possible approval. In an interview with LexLatin,…

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…