DONATIONS FOR NON-RESIDENTS AND THEIR TAXATION BY INCOME TAX

Authors

  • Miguel Delgado Gutierrez

Keywords:

TAXATION, INCOME TAX, NON-RESIDENTS, DONATION

Abstract

This article discusses the issue of the donations for non-residents and their taxation by income tax. Until recently, the donation for a non-resident was not taxed by the income tax, what was changed by the new legislation. By virtue of this change, we discuss whether the taxation of donations for non-residents is allowed by income tax, in view of what the Federal Constitution and the National Tax Code determine on the subject. We conclude that the taxation of donations for non-residents is not allowed.

Author Biography

Miguel Delgado Gutierrez

Professor Convidado do Centro de Extensão Universitária (CEU) – Escola de Direito do Instituto Internacional de Ciências Sociais (IICS). Mestre e Doutor em Direito Econômico, Financeiro e Tributário pela Faculdade de Direito da Universidade de São Paulo (USP). Especialista em Direito Tributário pelo CEU. Advogado em São Paulo.

Published

2020-05-01

How to Cite

Gutierrez, M. D. . (2020). DONATIONS FOR NON-RESIDENTS AND THEIR TAXATION BY INCOME TAX. Revista Direito Tributário Atual, (45), 359–381. Retrieved from https://revista.ibdt.org.br/index.php/RDTA/article/view/1213

Issue

Section

Doutrina Nacional (Double Peer Reviewed)