The Secretary of State for Finance and Planning of the Government of the State of São Paulo will begin to send, next Tuesday (5), torpedoes and emails charging taxpayers who are debtors of the ITCMD (Tax on Transmission Cause Mortis and Donation of Any Goods or rights). The goal is to raise R$ 30 million with the measure.
The collection will be made after an operation that is based on the crossing of data from the Federal Revenue Service to identify taxpayers who declare in the Income Tax to have received donations, but have not paid ITCMD on the operation to the São Paulo tax authorities. The charge refers to the IR declaration delivered in 2018, base year 2017.
The ITCMD is a tax levied on the donation of goods and rights. It is paid by the recipient, not the donor, and corresponds to 4% of the value of the donated asset or right that exceeds the exemption limit. Those who donate goods and rights of up to 2,500 Ufesps (Fiscal Units of the State of São Paulo) are not obliged to pay tax, which amounts to R$ 62,675 in 2017.
According to Leonardo José Balthar de Souza, supervisor of the ITCMD, the target is not only the taxpayers who failed to declare the donation and pay the tax to the São Paulo tax authorities, but also those who declared donations of lesser value to the State Treasury and greater value in the Tax Income.
Called Operação Donatio 17, the fundraising campaign is being carried out by Dicar (Dicar Department for Debt Collection, Collection and Recovery). Debtors.
Souza says that it is not necessary for the taxpayer to travel to a state Treasury post to pay the tax. All billing is online. By SMS or email, the citizen will receive a link, where there will be instructions for the declaration and payment of the tax.
The deadline for payment of amounts is up to 30 days. It is possible to pay the debt in up to 12 installments, without interest or fine. However, those who fail to pay may incur charges, ranging from minimum interest of 1% per month and maximum interest based on the Selic (economy’s basic interest rate) to a fine that can make the taxpayer pay twice the amount is in debt.
10,844 taxpayers will be contacted who reported in the IR declaration to the Federal Revenue that they had received donations and did not declare them to the São Paulo tax authorities. Altogether, these donations amount to approximately R$ 4.3 billion. Another 1,290 taxpayers will be contacted who declared the receipt of donations to the IRS, but declared and collected the ITCMD for smaller amounts, totaling R$ 200 million.
“Donations are taxed. If you put [na declaração] you are receiving, you must verify that the amount is not above the exemption limit. Depending on the year, settle the situation with the state tax authorities as soon as possible”, says Souza.
The Treasury’s guidance is for the taxpayer to check the 2018 income tax return, base year 2017 and, if he has effectively declared the receipt of donations, confirm the amount informed and whether he is liable to pay ITCMD.
“It is necessary to see if the declaration he sent to the IRS, at first, is correct. If so, he must pay the tax. it will be necessary to rectify the recipe”, says Souza.
In the income tax return, the donations received go on the “Exempt and Non-Taxable Income” form, in line “14 – Asset transfers, donations and inheritances”, and do not pay IR.
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