ITBI, MOMENTO DA OCORRÊNCIA DO FATO GERADOR E A TESE FIXADA PELO SUPREMO TRIBUNAL
Keywords:
ITBI, municipality tax, tax trigger, temporal element, jurisprudenceAbstract
Despite enormous doctrinal and conceptual criticism, the practice of several Brazilian municipalities has become used to demand payment of the Real Estate Transmission Tax on onerous operations even before the elements of the tax triggering event are identified. It is not uncommon to identify the tax requirement often as a condition for carrying out business acts relating to real estate law. The jurisprudence of the Supreme Court and the Superior Court of Justice has moved to reject this practice, leading up to a definitive position in general repercussion judgment in February 2021, which is the path of judicial interpretation that is intended now analyze.
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