The Federal Supreme Court (STF) ruled against the appeal filed by the State of São Paulo to try to reduce the billion-real impact of the decision that prohibited the charging of tax on inheritances and donations of assets abroad. The judgment of the so-called motions for clarification was concluded on the 2nd of this month in the Virtual Plenary. The story is from Valor Econômico (Joice Bacelo).
The justices confirmed the prohibition of charging the Tax on Transmission Causa Mortis and Donations (ITCMD), as of April 20, and released taxpayers with ongoing judicial actions from paying past amounts.
For São Paulo, the impact will be at least R$ 2.6 billion, according to the State Attorney General’s Office. This calculation takes into account the judicial actions filed against the charging of the ITCMD up to the date of the judgment, in the month of February – that is, two months before the publication of the ruling. Learn more in the newspaper itself.
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A state law cannot institute a tax on donations and inheritances abroad
The effects of the decision were also modulated, in such a way that it will only be effective for “taxable events” occurring after the publication of the ruling, except for those that are already the subject of judicial discussions not yet finally adjudicated.
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