The Federal Supreme Court (STF) declared that the collection of the Causa Mortis and Donation Transmission Tax (ITCMD) on amounts deposited in private pension plans is unconstitutional.
With the Court’s decision, states are prohibited from taxing resources that are in VGBL and PGBL plan accounts and were passed on to heirs after the death of the holder.
The issue was decided during a virtual trial that ended on Friday (13). Unanimously, the ministers rejected an appeal filed by the state of Rio de Janeiro to guarantee the charge.
The plenary followed the vote given by the rapporteur, minister Dias Toffoli, for whom inheritance tax does not apply to amounts deposited in open private pension plans.
“There is no transmission cause of death inherent to inheritance law, given that the beneficiaries’ right arises as a result of a contractual relationship”, Toffoli decided.
At the end of the trial, the ministers approved a general repercussion thesis, which should be applied in all similar processes that deal with the issue across the country.
“The levy of the Causa Mortis and Donation Transmission Tax (ITCMD) on the transfer to beneficiaries of values and rights relating to the life plan that generates free benefits (VGBL) or the plan that generates free benefits (PGBL) in the event of death is unconstitutional. of the plan holder”, the STF decided.
