STJ defines the Market Value of the Property as the Calculation Basis for ITBI
By: Vitor Antony Ferrari, Ivan Kubala In real estate transactions, notably in the transfer of real estate, whether free of charge or for a fee, the incidence of tax (ITCMD and ITBI, for example) is a very recurrent subject and has always generated debates in the administrative and judicial spheres, as the respective municipal and state legislation does not exhaust all […]
STJ decides that ITBI must be calculated based on the property acquisition value
On the 24th, the 1st Section of the Superior Court of Justice (STJ), when judging Special Appeal No. 1,937,821/SP under the Repetitive Appeals system, decided that the Tax on the Transfer of Real Estate (ITBI) should be calculated based on the sale value of the property instead of the market value, a criterion used to […]