STF decided that assets abroad are not taxed. And now?

In our tax newsletter of March this year we talked about the decision of the Supreme Federal Court (STF) regarding the non-incidence of ITCMD (inheritance tax) on the inheritance and donation of assets located abroad.

Important to recall that the STF’s decision applies only to the facts that occurred after the publication of the judgment – April 20, 2021. However, it also applies to facts before such decision provided the taxpayer had filed a judicial measure until such date. Whoever has collected and has not questioned this fact in court, will unfortunately not be able to enjoy the effects of the decision. In view of this scenario, it is important that the wealth planning processes that involves any element abroad (whether the donor or deceased is abroad or the inherited goods or estate are abroad) must be analyzed on a case-by-case basis to avoid undue tax payments.

By Tatiana Del Giudice Cappa Chiaradia

partner of Candido Martins advogados.