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Hello, Vinicius,
I'm going to receive a cash donation from a relative in China. The donor in this case doesn't have a Brazilian ID and has no ties to Brazil other than being related to me. The information I have is that I can declare it as "other" exempt income, where it is not necessary to inform the donor's CPF. And according to the information I have obtained, there is no value threshold where income tax could be levied.
But I have doubts about how to proceed with the ITCMD in this case. According to the SP legislature, the tax is levied on amounts over 2,500 UFESPs. But according to the article, there is no complementary law for donations received from abroad. Does this mean that I can just declare the receipt of the donation as exempt income in the IRPF, and everything is fine? Is there any action to be taken with regard to ITCMD in this case? I would like to protect myself from any undue charges or possible fines for not declaring this amount to the state government.
Vinicius Tersi is a lawyer, specializing in International Tax Law.