2023-05-24 00:00:06
The deadline for the delivery of the Initial and Intermediate Declaration of Estate ends on May 31st. It is essential to comply with this obligation to avoid future complications and ensure the regularization of the estate’s tax situation.
The initial declaration is the one made in the same year in which the death occurred, being the first declaration of the estate. In that statement, it is necessary to include all income received during this year.
The intermediate declarations refer to the years following the death, when the probate process extends for more than one year, up to the year before the judicial decision to share the assets or the drawing up of the public deed of probate and sharing.
Both declarations follow the same rules as the Declaration of Annual Adjustment of Income Tax for Individuals (DIRPF).
Delivery is mandatory for estates that have assets, rights and obligations to be transmitted to heirs.
To make the declaration, it is essential to gather all the documentation related to the estate.
Documentation
Among the documents required for the declaration are:
- Personal information of the deceased: full name, CPF, date of birth, among other relevant information;
- Estate inventory: detailed list of assets, rights and obligations left by the deceased;
- Supporting documents: deeds, certificates, contracts, invoices, bank statements, among other documents that prove the existence and ownership of the assets;
- Income statements: reports of the deceased’s income and any income received by the estate during the period in question;
- Identification document of the heirs: copy of the identity document and CPF of each heir, proving their relationship with the deceased.
how to declare
In the ‘Assets and Rights’ form of the final declaration, the portion that corresponds to each beneficiary (identified by name and registration number in the CPF) must be informed in detail in relation to each asset or right. In the item ‘Situation on the Sharing Date’, the goods or rights must be informed by the value, observing the relevant legislation.
The deadline for paying the calculated tax is the same as the deadline for submitting the Final Declaration of the Estate, and cannot be paid in installments.
Consequences of non-compliance
Failure to meet the deadline for delivering the Initial and Intermediate Declaration of the Estate may result in fines and penalties for those responsible for administering the estate.
The sending of the Estate Declarations after the legal deadline implies a fine of 1% per month or fraction of the tax due, observing the minimum amounts of R$ 165.74 and a maximum of 20% of the tax due. If there is no tax to be paid, the minimum fine is set at R$ 165.74
In addition, the estate’s tax situation may become irregular, impairing financial transactions and the transfer of assets to heirs.
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