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ITBI and ITCMD: The Two Taxes Every Buyer (and Heir) Forgets to Calculate

Dicas & Tendências · 7/31/2026 · 5 min read · by Tiago Lima

In this article
1. Why this bill catches people off guard2. ITBI: the purchase tax (municipal)3. The trap of the city's "reference value"4. ITCMD: the inheritance and gift tax (state-level)5. Example — the math on a high-end inheritance6. A planning detail worth mentioning7. In practice: what to ask before closing8. The difference this makes in a broker's career

Every buyer budgets for the property's price. Few budget for the two taxes that show up right after: one when you buy, another when you leave it as an inheritance. One is municipal, the other is state-level — and confusing the two has already cost more than one client a poorly planned tax bill.

Why this bill catches people off guard

Compare the two scenes below — the same signing moment, two different agents:

ITBI: the purchase tax (municipal)

ITBI (Real Estate Transfer Tax) is charged by the city whenever a property changes owner through a sale — the buyer pays it, and payment is required to register the deed. Each municipality sets its own rate:

CityGeneral rateFinanced via SFH (housing finance system)
Balneário Camboriú3% of market value1%
Itapema1.5% (until Dec 31, 2026, rising to 2% in 2027)1%
Porto Belo2% of market value

A Porto Belo detail worth knowing: the city doesn't allow title divisibility — meaning every transfer generates a separate ITBI charge, even in split transactions.

The trap of the city's "reference value"

Here's the information that protects a buyer's wallet the most: Brazil's Superior Court of Justice (STJ, Topic 1113) ruled that ITBI's tax base is the actual transaction value — not a "reference value" the city sets unilaterally, and not the property tax (IPTU) value either. The value declared by the buyer carries a presumption of good faith; the city can only challenge it by opening its own administrative process, with proof the value is well below market. In other words: if a city tries to charge ITBI on a reference value higher than the actual price paid, that can be contested.

ITCMD: the inheritance and gift tax (state-level)

ITCMD (Inheritance and Donation Tax) has nothing to do with buying and selling — it applies when a property passes hands through inheritance or gift, and the rate is set by the state, not the city. In Santa Catarina, since Law 19.053/2024, the tax is progressive for spouses and direct-line relatives (parents, children, grandparents, grandchildren):

Value bracketRate
Up to R$ 20,0001%
R$ 20,000 to R$ 50,0003%
R$ 50,000 to R$ 150,0005%
Above R$ 150,0007%

For collateral relatives or unrelated beneficiaries, the rate is a flat 8%, with no progression.

Example — the math on a high-end inheritance

A R$3,000,000 property inherited by a child (direct line), calculated bracket by bracket:

BracketMath
Up to R$ 20,0001% × R$ 20,000 = R$ 200
R$ 20,000 to R$ 50,0003% × R$ 30,000 = R$ 900
R$ 50,000 to R$ 150,0005% × R$ 100,000 = R$ 5,000
Above R$ 150,0007% × R$ 2,850,000 = R$ 199,500
TotalR$ 205,600 (≈ 6.85% effective rate)

Notice that since most of the value falls in the top bracket, the final effective rate lands very close to 7% — the lower brackets barely move the needle once the asset is worth millions.

A planning detail worth mentioning

A lifetime gift with a reserved usufruct cuts the ITCMD tax base in half, because the donor keeps the right to use the property while alive — it's one of the most common estate-planning tools. This isn't legal advice (that's a conversation for a lawyer and accountant), but it's the kind of information that shows a client you understand the subject beyond the sale itself.

In practice: what to ask before closing

The difference this makes in a broker's career

ITBI and ITCMD don't sell a property — but knowing how to explain both, with the actual numbers for that specific city, is the kind of detail that makes a client feel they're dealing with someone who sees the whole transaction, not just the commission. And that's what turns into a referral to the friend who's also about to inherit, buy, or sell.

Read also:

📌 This content is informational and doesn't replace guidance from a lawyer or accountant — consult a professional before any estate or tax planning decision. Sources: ITBI rates per Escritura Fácil SC and MySide (Balneário Camboriú) and MySide (Itapema) calculators; STJ Topic 1113 per Migalhas; Santa Catarina ITCMD table (Law 19.053/2024) per Tabelionato de Porto Belo. Municipal rates can change by local law — confirm the current value before any decision. Tiago Lima · CRECI-SC 34933.
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Tiago Lima
Real estate broker · CRECI-SC · 10 years on the Santa Catarina coast · see listings

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