Our partner Ana Cláudia Utumi gave an interview to the Seu Dinheiro website talking about the decision of the Supreme Court (STF), which last Wednesday (11) formed a majority to exempt PGBL and VGBL private pension plans from the Causa Mortis and Donations Transfer Tax (ITCMD).
In their votes, however, the Supreme Court justices are considering that, as insurance products, PGBLs and VGBLs should not in fact be subject to inheritance tax.
Ana explains that “if any state questions the lack of payment, the taxpayer will have the STF’s decision in their favor that this charge is unconstitutional. Even if the state tries to collect these amounts, it will lose in court.”
“From a judicial point of view, the STF has now declared it unconstitutional, and from the point of view of new legislation, Congress hasn’t let it pass either,” she comments.
Read the interview: https://www.seudinheiro.com/2024/financas-pessoais/stf-forma-maioria-para-isentar-pgbl-e-vgbl-de-itcmd-o-imposto-sobre-herancas-apos-morte-do-titular-julw/
