The tax implications of trusts on the transfer of real estate

Abstract

The paper examines real estate transfer in entailment trusts from the testator to the fiduciary, and from this one to the beneficiary and if this implies the taxability in causa mortis real estate transfers, specifically under the perspective of the Brazilian Superior Tribunal de Justiça in contrast to the state tax legislation, as well as how the registrars should act when they face the request for a cancellation of the trust property clause in the real estate registration. Given the nature of the entailment trust, it was sought to compare other fiduciary properties and their taxation and state tax legislations to conclude that the causa mortis transfer tax (ITCMD) must be charged from the beneficiary.