Aerial image of Campinas (SP) Reproduction/EPTV The Notary Offices of Campinas (SP) broke a record in the number of property transfers to children and other heirs in 2025. There were 3,074 acts, which indicates an increase of 64% in five years. For the entity, the scenario is linked to the Tax Reform, which could increase the single rate set at 4% for inheritances in the state of São Paulo. ? Understand: when donating a property or other asset, it is necessary to pay the Causa Mortis and Donation Transmission Tax (ITCMD). The amount is collected directly from the State Finance Department through a specific payment guide, and its payment is one of the necessary steps to formalize the deed at a notary's office. ? Click here to follow the g1 Campinas channel on WhatsApp With the change, the State must adopt a model of progressive rates, in which the percentage increases according to the value of the asset, reaching 8% – which tends to increase the cost of transferring assets. Ana Paula Frontini, president of the Colégio Notarial do Brasil - São Paulo Section (CNB-SP) says that families may be anticipating this transfer to avoid the increase. "We are observing an increase in the demand for succession planning across the country. The Tax Reform has brought to many families a discussion that used to be postponed before. Those who intend to organize the transfer of assets have started to evaluate more carefully the future tax impacts and the alternatives available to guarantee legal certainty, predictability and protection for the heirs". How can Tax Reform change taxes? With the publication of Complementary Law No. 227/2026, states that still charge a single ITCMD rate, such as São Paulo, will have to adopt a progressive model. In practice, this means that the greater the value of the assets donated or inherited, the higher the tax charged may be. The new legislation also provides that the calculation of the ITCMD will now consider the market value of the goods. Today, in many cases, the tax is calculated based on reference values ??used by the public authorities, which may be lower than the real price of the property. The changes, however, still depend on the approval of a state law. Even if it is approved in 2026, the new rules can only come into force in 2027, because they must respect the deadlines set out in the Constitution. According to the CNB-SP, ITCMD raised R$3.5 billion in São Paulo in 2020. In 2025, this amount reached R$6.39 billion, an increase of 81% in five years. The increase in revenue occurs precisely as the state prepares to adapt its legislation to the new guidelines. Why are families anticipating donating property? According to the president of the CNB-SP, the combination of progressive rates and charging based on values ??closer to the market price of goods can increase the amount of tax paid by families. Therefore, according to the entity, many people would be anticipating donating real estate and other assets under the current rules. In addition to maintaining current taxation, transferring assets during your lifetime can also prevent future appreciation of the property from increasing the tax amount. For example: if a property is worth R$800,000 today and becomes worth R$1 million in a few years, the ITCMD can be calculated on this higher value, if the donation occurs after appreciation. One of the most common ways to carry out this planning is the donation with reservation of usufruct. In this modality, parents transfer ownership of the property to their children, but continue with the right to live there, manage the property and receive possible rent while they are alive. This way, they are able to organize the succession without losing control over the assets. Future changes and the search for legal security For the lawyer specializing in inheritance law, Júlio Ballerini, the rush to the registry offices makes sense and is motivated by a "panic scenario" fueled by the fear of an even heavier tax burden in the future. According to him, the movement goes beyond the fear of the 8% tax rate. "It's not the fear of paying 8% that drives this. People are afraid of what will come after 8%. There is a direct link that would explain people's fear of an increase in the inheritance tax burden to much higher percentages", explains Ballerine. The expert points out that proposals and discussions are circulating that scare the population, such as the old project PEC 96/2015, which was not approved, but which provided for rates of up to 27.5% for inheritances and donations, in addition to proposals to change the law to remove widowers from their status as heirs. "As people are very afraid and all kinds of information circulates online, people are left with 'where there is smoke, there is fire'. There is a risk that, after November, a reform will come that affects this", says the lawyer, mentioning the fear that the Legislature will approve new measures after the elections. Another factor that justifies the anticipation, according to Ballerine, is a recent determination by the Federal Revenue Service, in force since September 2025, to update the Tax Real Estate Registry based on data from notary offices. In practice, this means that the tax, which was previously calculated on outdated city hall values, now considers values ??closer to the real prices of the deeds. "They charge 8% of the sales fee, but this sales fee will change, because the Revenue is ordering updates throughout the country in accordance with real estate transfers", he warns. How to transfer property while still alive For those who wish to donate assets while still alive to ensure legal security, the specialist explains that the procedure can be done directly at the Notary's Office, but recommends professional assistance. "A living donation does not necessarily require a lawyer. You can go to the notary's office and ask to do the registration act. But I recommend that you look for a lawyer, because otherwise you will be at the mercy of what the notary's office understands. The lawyer will
With the expectation of changes in the Tax Reform, transfers of properties to heirs set a record in Campinas
Aerial image of Campinas (SP) Reproduction/EPTV The Notary Offices of Campinas (SP) broke a record in the number of property transfers to children and other heirs in 2025. There were 3,074 acts, which indicates an...
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