Post by account_disabled on Mar 10, 2024 4:32:16 GMT -5
Increasingly, surface rights have become an important instrument not only in the implementation of real estate projects, but also in the implementation of other projects, generally large, which require greater security regarding the time of enjoyment of the property, without however depend on investment in fixed assets, which makes it possible to allocate resources to investments that generate a greater return on wealth.
Recently, on July , the Municipality of São Paulo published Decree ,, Property Transfer Tax Regulation – ITBI, whose greatest importance is in revealing the understanding of the Executive Branch of the Municipality of São Paulo on the application of ITBI laws , including with regard to the impact on operations relating to the surface law institute.
It was with Municipal Law ,, of //, article , that São Paulo legislation expressly addressed the incidence of ITBI on the transfer of surface rights, changing the wording of articles and and th. of Law ,/, both diplomas regulated by Decree ,, of //
Initially, the surface right, introduced into the Austria Phone Numbers List Brazilian legal system on the occasion of the publication of the City Statute, Federal Law ,, of //, as an instrument to enable the social function of property, targeted urban properties. It was through the Brazilian Civil Code, Law ,, of //, articles , to ,, that this right was extended to rural properties
The surface right is the right to enjoy land, which can be transferred by the owner to a third party for the purpose of building or planting. At the end of the contract, full ownership returns to the owner, including construction or planting, regardless of compensation, except stipulation to the contrary. Characterized as a real right, its transfer requires the drawing up of a public deed and the respective registration at the Property Registry Office.
The surface right can be granted for consideration or free of charge and can be transferred by act inter vivos or causa mortis .
As it is, therefore, a real right capable of being transmitted, as a fact revealing wealth, the granting of surface rights fits into the fact chosen by the Federal Constitution as possible to be subject to a tax incidence standard under the jurisdiction of the Municipalities, the ITBI, provided for in article , item II: “(…) III- inter vivos transfer, in any capacity, by onerous act, of real estate, by nature or physical accession, and of real rights over real estate, except those of guarantee, as well as assignment of rights to its acquisition; (…).
On the occasion of the introduction of surface rights into our legal system, the question arose about the need for a specific municipal tax law to charge ITBI on the transfer of surface rights, since, when the Federal Constitution and laws were promulgated municipalities that followed, this right did not exist.
Recently, on July , the Municipality of São Paulo published Decree ,, Property Transfer Tax Regulation – ITBI, whose greatest importance is in revealing the understanding of the Executive Branch of the Municipality of São Paulo on the application of ITBI laws , including with regard to the impact on operations relating to the surface law institute.
It was with Municipal Law ,, of //, article , that São Paulo legislation expressly addressed the incidence of ITBI on the transfer of surface rights, changing the wording of articles and and th. of Law ,/, both diplomas regulated by Decree ,, of //
Initially, the surface right, introduced into the Austria Phone Numbers List Brazilian legal system on the occasion of the publication of the City Statute, Federal Law ,, of //, as an instrument to enable the social function of property, targeted urban properties. It was through the Brazilian Civil Code, Law ,, of //, articles , to ,, that this right was extended to rural properties
The surface right is the right to enjoy land, which can be transferred by the owner to a third party for the purpose of building or planting. At the end of the contract, full ownership returns to the owner, including construction or planting, regardless of compensation, except stipulation to the contrary. Characterized as a real right, its transfer requires the drawing up of a public deed and the respective registration at the Property Registry Office.
The surface right can be granted for consideration or free of charge and can be transferred by act inter vivos or causa mortis .
As it is, therefore, a real right capable of being transmitted, as a fact revealing wealth, the granting of surface rights fits into the fact chosen by the Federal Constitution as possible to be subject to a tax incidence standard under the jurisdiction of the Municipalities, the ITBI, provided for in article , item II: “(…) III- inter vivos transfer, in any capacity, by onerous act, of real estate, by nature or physical accession, and of real rights over real estate, except those of guarantee, as well as assignment of rights to its acquisition; (…).
On the occasion of the introduction of surface rights into our legal system, the question arose about the need for a specific municipal tax law to charge ITBI on the transfer of surface rights, since, when the Federal Constitution and laws were promulgated municipalities that followed, this right did not exist.