Real estate
To qualify, taxpayers interested in making full payment of the amounts due must request the discount from the Municipal Tax Commissioner’s Office by June 4.
Our attorneys analyze doubts as to how to calculate compensation for expropriating these properties. Should it take into account only the value of the bare land? Or should the vegetation coverage area also be appraised, considering the environmental restrictions that prevent its economic exploitation?
It is possible to litigate levy of ITBI tax when the calculation basis considers the value of future construction to be carried out by the purchaser.
Measure contributes to modernizing the Brazilian notary system, which can help boost the economy and real estate businesses that rely on the services of notary offices.
The text proposed seeks to provide greater legal certainty by avoiding interference in equal relationships and privileging the risk allocation mechanisms of commercial contracts.
Senate approves emergency rules on real estate and agrarian contracts, residential rent, and life in condominiums during the covid-19 pandemic. The text will now be submitted to the Chamber of Deputies before going to the Brazilian president for approval or veto.
Note the guidelines regarding extrajudicial services issued in different Brazilian states due to the coronavirus pandemic.
The paid purchase of real estate is a taxable event that generates the Property Transfer Tax (ITBI), paid by purchasers. The rate of this municipal tax varies between 2% and 5% of the transaction value or reference value of the property (calculated based on what each municipality considers to be its market value), whichever is higher.
In effect since December of last year, Executive Order (MP) No. 910 provides for changes in land regularization procedures for occupations on lands of the Federal Government, with the objective of reducing the bureaucracy in the process of granting definitive titles to settlers, especially small rural producers.
The São Paulo City Hall is preparing to discuss a draft bill to amend Law No. 16,402/16, the current Land Division, Use, and Occupancy Law (LPUOS), with the purpose of adapting real estate production to the urban policy guidelines defined by the Strategic Master Plan. The document was submitted for review by the public on October 31 of this year, through a participatory process in public hearings mediated by the Municipal Department of Urban Development (SMDU).
After the historical slowdown of the Brazilian economy and the brake imposed on all segments of the real estate market for a record amount of time, the expected recovery in the sector has been showing some concrete signs since the second half of 2019. Growth has been experienced in several sectors (logistics, retail, commercial, and residential), reflecting current economic policy, approval of labor and social security reforms, and signs that the government will proceed with tax reform. The decrease in unemployment and inflation, the maintenance of interest rates at a record low level, the increased faith in the economy, and the evident improvement in credit conditions also contribute to optimism, all ideal ingredients for the resumption of the real estate market starting in 2020.
Resolution No. 4,661/18 of the National Monetary Council (CMN) will reach one and a half years since its publication and will enter into effect on November 29. Even after the time that has elapsed, some rules established for investment in what was previously called the “Real Estate Segment” are still under discussion. Appropriate regulation on the subject in order to guarantee legal certainty for real estate transactions carried out by closed-end private pension entities (EFPC) is lacking.
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