Our lawyer, Ednaldo Almeida, has written an article, published in the Espaço do Especialista (Specialist’s Space) column of E-Investidor/Estadão, which addresses the clash involving inheritance tax on the transfer of shareholdings.
In the text, the lawyer explains that, with the enactment of Constitutional Amendment (EC) No. 123/2023, the spotlight on Tax Reform – which until then had been focused on taxation on consumption – was shifted to another tax: the Causa Mortis and Donation Transfer Tax (ITCMD), which is the responsibility of the States and the Federal District.
“The main change was the establishment of the obligation for the ITCMD rates to be progressive based on the value of the estate, legacy or donation, i.e. to increase as the calculation base grows, a system that had its constitutionality endorsed by the STF (RE 562.045 – Theme 21 of the General Repercussion) even before the tax reform.”
Read here: https://lnkd.in/d4fnCc35