Bill could increase the tax burden on inheritances and donations in the state of São Paulo

Changes proposed in a bill could raise ITCMD rates in São Paulo to up to 8%.

On 1/2/2024, Bill No. 7/2024 (“PL 7/2024”) was submitted to the São Paulo State Legislative Assembly (“ALESP”), with the aim of adapting the state’s legislation on the Tax on Causa Mortis Transmissions and Donations (“ITCMD”) to the constitutional changes brought about by the Tax Reform.

Currently, the state of São Paulo requires a fixed rate of 4% on the total assets transferred, regardless of the amount involved. However, with the Tax Reform enacted at the end of last year (Constitutional Amendment No. 132/2023), the progressivity of the ITCMD became mandatory, requiring the states to bring their legislation into line with the new legal system so that the rates of this tax can be staggered.

It is in this sense that Bill 7/2024 proposes the application of progressive rates that can reach 8%, the maximum limit authorized by Resolution 9/1992 of the Federal Senate. According to the text of the bill, the ITCMD would be levied at the following progressive rates:

• 2% on the portion of the calculation base equal to or less than R$ 353,600.00;
• 4% on the portion of the calculation base equal to R$ 353,600.00 and less than R$ 3,005,600.00;
• 6% on the portion of the calculation base equal to R$ 3,005,600.00 and less than R$ 9,900,800.00, and
• 8% on the portion of the calculation base that exceeds R$ 9,900,800.00.

It should be noted that the proposal stipulates that the tax assessment system will be divided into bands, i.e. the respective rates will be applied concomitantly to each corresponding band.

If Bill 7/2024 is approved in 2024, the new rates will only come into force in 2025 (the following financial year), in compliance with the principle of anteriority.

These changes will have a significant impact on estate and succession planning strategies, requiring adaptations on the part of those concerned.

It is therefore crucial to take into account, when planning successions and estate reorganizations, the potential increase in the ITCMD in São Paulo from 2025 onwards. The interval between now and the effective entry into force of the new rates offers a strategic opportunity for those who wish to avoid a higher tax burden by taking advantage of the current flat rate of 4% and anticipating the transfer, in whole or in part, of their assets.

Lawyers from Araújo e Policastro’s tax and corporate teams are available to provide further guidance to taxpayers who wish to anticipate the possible changes promoted by Bill 7/2024 and carry out estate and succession planning.