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Succession planning
Brazilian revenue service publishes Cosit ruling 75/25 on the tax treatment of trusts incorporated abroad
On May 6, the Brazilian Federal Revenue Service (RFB) published COSIT Ruling No. 75/25, which addresses the tax treatment of trusts incorporated abroad by a foreign legal entity. This topic is particularly relevant because, although trusts are...
Succession planning and early renunciation of inheritance
The judgment of Civil Appeal 1000348-35.2024.8.26.0236 by the Superior Council of the Judiciary of the Court of Appeals of São Paulo (TJSP) in October last year had important impacts on the validity and effectiveness of succession agreements,...
CNJ simplifies inventories and consensual divorces
The National Council of Justice (CNJ) published CNJ Resolution 571/2024, which provides for the partial amendment of the CNJ Resolution 35/07. The changes simplify the extrajudicial processing of consensual divorces, inventories and assets...
Who gets the equity interest of the deceased partner?
Among the various decisions that need to be taken in the corporate and business sphere, one of the most relevant is what should be done with the corporate participation of the individual partner or shareholder after his death. It is an issue that...
Impacts of tax reform on estate and sucession planning
The intersection of several areas of law to ensure well-structured and legally secure estate and succession planning is not new. For instance, the fiscal analysis, one of the most relevant pillars of this work. With the recent approval of the Tax...
Tax rules on trusts
The structuring of investments abroad through trusts - whether for succession, financial purposes or for definitive exit from Brazil - requires a careful assessment by Brazilian tax residents. This is because there is no express recognition of...
Extrajudicial probate with incapacitated heirs
The slowness of the Judiciary and the bureaucratization of its procedures makes the search for the extrajudicial route an interesting alternative to resolve conflicts, especially in matters related to family and succession. In order to use the...
MP 1,171 and its taxation rules
Provisional measure deals with the income tax of individuals resident in Brazil derived from financial investments, controlled entities and trusts abroad Authors: Succession Planning Team The Brazilian Executive Power published on April 30,...
Living Will: The Patient's Choice
Many are the concerns and arrangements that involve estate and succession planning, mostly related to the moments after death. However, a very important document, whose effects precede the death of its subscriber, has gained prominence in...
The exercise of the right to vote in respect of shares subject to usufruct
The usufruct is a real right (direito real) over something of another that gives a person(usufructuary) the right to use and enjoy the property object of the usufruct as if it were the owner, without changing its characteristics, leaving the actual...
State law cannot institute ITCMD on donations and inheritance abroad
The majority of the Plenary of the Supreme Court (STF) established, in February, the theory that states and the Federal District cannot collect Transmission Tax on Donations and Inheritance (ITCMD) on donations and inheritances received from abroad...
Brazilian’s Trust - Trust Bill
Widely used abroad as a vehicle for estate and succession planning , the trust is not provided for in Brazilian law. It is a typical instrument of British law and countries that adopt the common law (as opposed to the Roman-Germanic system/civil...
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