Folhapress
The Attorney General’s office wants STF to charge Congress for inheritance tax regulation
BRASÍLIA, DF (FOLHAPRESS) – PGR (Attorney General’s Office) asked the STF (Supreme Federal Court) to set a time limit for the court to pass a supplementary law for Congress that governs the collection of inheritance tax, ITCMD (Tax) Mortis transmission or donation on COSA), if it involves money or abroad. The Attorney’s Office also filed 24 lawsuits to repeal the state’s regulations establishing ITCMD. The charge under consideration relates to the donation or inheritance of Brazilian property abroad. The governors are very interested in this issue and fear a fall in revenue next year if they are unable to collect the tax. In February, the Supreme Court declared the state’s laws on the subject unconstitutional. However, the PGR confirms that the decision was taken in appeal with recognized general consequences that only bind the judiciary, and it is necessary to fix this understanding in a constitutional action, which is comprehensive and public throughout. Reaches administration. PGR also wants the Supreme Court to declare a legislative lapse and force it to pass a supplementary law that governs the issue, allowing union units to collect taxes. Topics include billionaire figures. States argue that failure to collect ITCMD can have a major impact on public accounts. Following the February Supreme Court ruling, the governors also launched a movement to pressure Congress to pass a supplementary law on the matter. However, the project under consideration is progressing slowly in the Chamber and there is still no forecast to conclude the topic. In a judgment at the beginning of the year, the court ruled that the declaration of unconstitutionality of state laws had no retrospective effect and would not require reimbursement of charges already levied under state laws. Thus, states will not have to refund the amount they have collected, but they too will no longer be able to deposit this tax. To give you an idea, when voting on the subject, Minister Dias Tofoli mentioned the size of the financial impact and said that if the decision had a retrospective effect it could generate a loss of $ 5.4 billion for Sao Paulo alone is. The specific case discussed earlier this year dealt with a lawsuit filed by the state Attorney General of São Paulo, arguing that some of the state’s wealthiest families send money to tax havens to avoid inheritance taxation. Now, PGR has asked STF to set a deadline for Congress to make tax returns viable for states. In an action signed by the Attorney General, Augusto Arras, he said the idea had already arisen in the February lawsuit that the Supreme Court would appeal to Congress to analyze the case. At that time, however, only Dias Tofoli and Luis Roberto Barroso argued in this regard, while Marco Aurelio and Ricardo Lewandowski were opposed. Other magistrates did not take credit for this debate. Now Arras wants this to happen. “Therefore, it appears that the proposal to appeal to the federal legislator was not a major contention of RE 851.108 / SP, nor was it widely and adequately discussed by most ministers of the court, so that it is not decided on constitutionalism. Stop the analysis of a single issue in the direction of concentrated control “. The Attorney General states that without tax law, governors cannot enforce the determination of the constitution so that it can be imposed. “The rule establishes a substantive obligation for the National Congress, which has a constitutional duty to discipline through a supplementary law, exercising the ability of states and municipalities to establish ITCMD in prescribed cases. The norm does not exist, constitutional Scheduling remains smooth ”, states.
