It is also important to mention the possibility of increasing

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When it comes to probate, and precisely because of the need to collect the aforementioned tax, under penalty of suspension and delay of the process, in many cases, the family ends up having to dispose of an asset to cover the costs of the action, which could be avoided if there was prior planning. In fact, it is possible to schedule the payment of the costs related to the formation of the Holding according to the convenience of the patriarchs, thus avoiding the sale of a part of the family assets solely for the purpose of paying for the probate.

It is also important to mention the possibility of increasing bulk sms india the ITCMD rate, which would increase inventory costs. Let us take Bill 250/2020 of the State of São Paulo as an example to illustrate this possibility. Currently, the tax rate on inheritance and donations in the state is 4%, while the aforementioned bill provides for the application of progressive rates between zero and 8% on the assets to be transferred.

transferred. Furthermore, it is worth mentioning Constitutional Amendment 132/2023, known as the “Tax Reform Amendment”, which modifies the National Tax System and, among other measures, establishes that the ITCMD will be “progressive based on the value of the share, legacy or donation” (art. 155, § 1º, VI, of the Federal Constitution). Therefore, the anticipation of the succession can be an effective and legitimate strategy to prevent the increase in the succession cost due to future increases in the transfer tax rate.