Aroad which naturally are unpredictable by nature, and b) international donations , when the donor is resident abroad, even if the donated goods are located in Brazil. Although inheritances are unpredictable by nature, the STF precedent opened up the opportunity for tax-efficient patrimonial and succession reorganizations, if they involve residents abroad and beneficiaries resident in Brazil, including shares in publicly-held companies and financial assets located abroad or even in Brazil. Disagreements regarding criteria for determining the ITCMD calculation basis An individual, when donating shares in a company that.
That date, had private capital, considered as the calculation basis the equity value of the shares, as literally determined Engineering Email List by state law in force. In the month following the donation, the company in question obtained public capital registration with the Securities and Exchange Commission and its shares began to be traded on the stock exchange. The negotiation price, at the opening of the trading session, substantially exceeded (more than 20 times) the equity value that had been considered as the calculation basis for the incidence of tax on the donation. The state finance authorities drew up infraction notices to charge the.
on the grounds that its calculation basis did not correspond to the equity value of the share, and also had to consider other evaluation factors that included the company's future profitability perspective. After long administrative discussions, the case was taken to court and is currently awaiting judgment on special and extraordinary appeals. Regardless of its details and specificities, this case signals important concerns about how to determine the calculation basis in the donation or inheritance of corporate interests, when public negotiation or relevant changes in the price of their negotiation begin to occur.