By César Moreno
The above phrase was written by Benjamin Franklin in a letter addressed to his Parisian friend,
Jean-Baptiste Le Roy, to find out if all was well with him after the sequence of events in 1789 that culminated in the French Revolution.
After his death, Benjamin Franklin’s letters were published in 1817, and the quote has become famous in the United States ever since. Although the certainty of death and taxation was mentioned by two other authors in their respective works earlier,[1], it was Franklin who ultimately made her famous. There are several English-language websites that delve deeply into the character’s life and the subject.
Despite having been written over 200 years ago, the phrase remains more relevant than ever, as the voracity of State Tax Authorities never stops.
Due to the measures adopted to try to slow the spread of COVID-19 in Brazil, the economy plunged into an unprecedented recession, which had obvious consequences for tax collection. Lower business volume generated fewer taxes to be paid.
It did not take long for the States to once again discuss possible ways to increase the tax burden, in order to restore revenue, which had been so weakened by the solutions adopted by the States themselves, simply replicating attitudes taken in other countries without a more in-depth debate on their suitability for Brazilian conditions.
In São Paulo, for example, amid quarantine measures, a bill was introduced to create a progressive ITCMD (Tax on Inheritance and Donations) rate. If approved, the tax in São Paulo could range from 4% to 8%, the current maximum. The same applies to Rio Grande do Sul, where a 2019 bill was introduced.
There is also a Senate Resolution Project to increase the maximum ITCMD tax rate from 8% to 16%, but it has been stalled since its creation in 2019. All it takes is for political interests to move in the same direction, even by a millimeter, for the bills to be approved.
Parallel to this, there is the human fragility exposed by the pandemic, the effects COVID-19 has on those who come into contact with the virus and, unfortunately, are not asymptomatic. Those who encounter this virus must fight for their lives, and their only reliance is the help of healthcare professionals and medication.
For the family, in addition to waiting and praying for improvement, it is also necessary to continue the family business. Without a legal instrument that, under certain conditions and circumstances, allows another family member to make decisions in companies, rural properties, or
urban areas, or even moving bank accounts, opportunities can be lost.
Furthermore, the tax burden on the transfer of assets is significant, not only for assets held in Brazil but also abroad. In other countries, inheritances are taxed at up to 50% or more, while in others (the United States, for example), the transfer of property upon death is subject to taxation, which varies from state to state (40% in California and 16% in New York, for example).
As much as we don’t like it, Benjamin Franklin’s quote is true and remains relevant today. It’s best to think about it and start taking precautions.
[1] C%20except%20death%20and%20taxes.%E2%80%9D. Search made on 07/07/2020.