Our lawyer, Maria Paula Carvalho Molinar, contributed to an article published on Folha de S.Paulo’s blog “Que imposto é esse” (What kind of tax is this?), which discussed the constitutionality of charging ITCMD (inheritance and gift tax) on VGBL and PGBL pension plans. The decision will serve as a reference for similar cases in the judiciary and could make the changes approved by the Chamber of Deputies within the tax reform unfeasible.
The expert does not rule out a scenario in which the Supreme Court affirms that the tax is not levied on the VGBL, but Congress approves the levy in cases where the person dies before the five years of contracting the pension plan have elapsed, creating a dispute in the courts.
“The tendency is for the STF to maintain the tax requirement for cases involving PGBLs and rule out the tax for VGBLs.” If VGBL taxation is maintained in the final and approved text of the tax reform, there is the possibility of a dispute in the courts.”
Read more: https://lnkd.in/dRqHNqYT