Post by account_disabled on Mar 5, 2024 0:14:59 GMT -6
Donations and successions of real estate – and their respective rights – will be the responsibility of the State where the property is located or the Federal District;
The donation made by a donor residing or domiciled abroad will be the responsibility of the State or Federal District where the donee is located or if the donee has a residence or domicile abroad that State where the property is located or the Federal District;
In relation to assets transmitted by succession even if located abroad it will be the responsibility of the State where the deceased was domiciled or when resident or domiciled abroad in the domicile of the successor or legatee or even the Federal District.
As if the change to allow the incidence of the ITCMD on donations and causa mortis transmissions abroad were not enough EC nº also included item VI in of article of the Constitution providing for the possibility that the ITCMD be progressive due to the value of the share legacy or donation.
Furthermore the EC establishes in its article section B2B Email List that the change in question will come into force on the date of publication of the promulgation in relation to provisions not specified in the other sections as is the case with article .
Such changes directly impact tax and succession planning as in principle the constitutional changes would be notably fully effective from the date of promulgation .
However it is important to highlight that the changes made by EC No. — whether in the form of inclusions in the constitutional provisions or in the text of the proposed constitutional amendment — depend for their full effectiveness on regulation directly by specific state law and the State or the Federal District institutes or increases taxes without a law that establishes it so that changes to the ITCMD will depend on the publication of a specific state or district law articles I of the Constitution and th I of the CTN.
In the case of the State of São Paulo State Law No. in its article items I item “b” and II item “b” provides for the collection of ITCMD on donations and successions abroad This device however was considered unconstitutional by the Honorable Supreme Federal Court in view of the device in force in the judgment on the merits of Extraordinary Appeal “RE” No. . Topic No. given that in a first analysis the device would have full effectiveness and validity to be applicable. On the other hand the progressiveness of the ITCMD will depend on subsequent modification by law.
Furthermore the Constitution also limits the treasury's claim to prohibit the collection of taxes that have been instituted or increased in the same exercise as the publication of the law article III “b” of CF in addition to the need for compliance within days of publication of the aforementioned law article III “c” of CF as is the case with the incidence of ITCMD on donations from donors abroad. Likewise the limitation applies to the case of increasing the calculation base and the ITCMD rate as is the case with the institution of progressive rates according to the calculation base as they depend on compliance with the aforementioned constitutional limitations.
In any case there is no doubt that due to the changes promoted by EC nº succession and tax planning will be directly impacted with greater onerousness with regard to the donations involved even if the guarantees of the taxpayers.
The donation made by a donor residing or domiciled abroad will be the responsibility of the State or Federal District where the donee is located or if the donee has a residence or domicile abroad that State where the property is located or the Federal District;
In relation to assets transmitted by succession even if located abroad it will be the responsibility of the State where the deceased was domiciled or when resident or domiciled abroad in the domicile of the successor or legatee or even the Federal District.
As if the change to allow the incidence of the ITCMD on donations and causa mortis transmissions abroad were not enough EC nº also included item VI in of article of the Constitution providing for the possibility that the ITCMD be progressive due to the value of the share legacy or donation.
Furthermore the EC establishes in its article section B2B Email List that the change in question will come into force on the date of publication of the promulgation in relation to provisions not specified in the other sections as is the case with article .
Such changes directly impact tax and succession planning as in principle the constitutional changes would be notably fully effective from the date of promulgation .
However it is important to highlight that the changes made by EC No. — whether in the form of inclusions in the constitutional provisions or in the text of the proposed constitutional amendment — depend for their full effectiveness on regulation directly by specific state law and the State or the Federal District institutes or increases taxes without a law that establishes it so that changes to the ITCMD will depend on the publication of a specific state or district law articles I of the Constitution and th I of the CTN.
In the case of the State of São Paulo State Law No. in its article items I item “b” and II item “b” provides for the collection of ITCMD on donations and successions abroad This device however was considered unconstitutional by the Honorable Supreme Federal Court in view of the device in force in the judgment on the merits of Extraordinary Appeal “RE” No. . Topic No. given that in a first analysis the device would have full effectiveness and validity to be applicable. On the other hand the progressiveness of the ITCMD will depend on subsequent modification by law.
Furthermore the Constitution also limits the treasury's claim to prohibit the collection of taxes that have been instituted or increased in the same exercise as the publication of the law article III “b” of CF in addition to the need for compliance within days of publication of the aforementioned law article III “c” of CF as is the case with the incidence of ITCMD on donations from donors abroad. Likewise the limitation applies to the case of increasing the calculation base and the ITCMD rate as is the case with the institution of progressive rates according to the calculation base as they depend on compliance with the aforementioned constitutional limitations.
In any case there is no doubt that due to the changes promoted by EC nº succession and tax planning will be directly impacted with greater onerousness with regard to the donations involved even if the guarantees of the taxpayers.