ITCMD e as modificações trazidas pela emenda constitucional 132/2023

Abstract

Constitutional Amendment 132/2023 brought substantial changes to the Causa Mortis and Donation Transfer Tax (ITCMD), introducing mandatory progressivity and establishing clear criteria for collection. These changes have economic, social and legal implications that should be carefully considered. From an economic point of view, the progressivity of the ITCMD can influence tax collection, investment and the property market. Higher taxation on higher value inheritances and donations has the potential to increase revenue and fund public policies, but it can also discourage investment and negatively impact the property market. The clear definition of the competence for collection can simplify the fulfilment of tax obligations and reduce litigation, providing greater legal certainty.On the social side, the progressivity of the ITCMD can contribute to reducing inequality and facilitating access to public services. The redistribution of wealth through progressive taxation can promote a fairer distribution of income and improve access to essential services such as health, education and security. However, the changes could also affect families' succession planning, requiring more complex strategies to minimise the tax impact.Legally, the changes could provide greater legal certainty while increasing the complexity of the tax system. Clearly defining the competence for collection and simplifying the fulfilment of tax obligations could reduce litigation and tax disputes. However, the complexity of the new rules can create additional challenges for taxpayers and tax authorities, requiring careful adaptation.To ensure the success of tax reforms, it is essential to closely monitor the effects of the changes over time. Continuous and adaptive analysis will allow the necessary adjustments to be made in order to maximise the benefits and minimise the negative impacts.