Brazil Inheritance Tax for Foreigners: Rates and How It Works

Inheritance tax in Brazil, known as ITCMD (Imposto sobre Transmissão Causa Mortis e Doação), is capped at 8% and is levied at the state level.

Brazil does not impose a federal inheritance tax, and each state sets its own rules on rates, exemptions, and thresholds, which can vary significantly across the country.

This article answers:

• What is the inheritance tax in Brazil?
• Does inheritance tax apply to non-residents?
• What are the rules of inheritance in Brazil?
• What are the rules for inherited property?

Key Takeaways:

• Brazil ITCMD ranges from 2% to 8% based on the state.
• Tax must be paid before assets are transferred.
• Non-residents pay ITCMD on Brazilian assets.
• 2025 rules may exempt foreign-located assets temporarily.

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The information in this article is for general guidance only. It does not constitute financial, legal, or tax advice, and is not a recommendation or solicitation to invest. Some facts may have changed since the time of writing.

What Is the Inheritance Tax Rate in Brazil?

Brazil’s inheritance tax (ITCMD) is not federal but charged by individual states, with rates typically ranging from 2% to 8% of the asset value.

For example:

• São Paulo generally charges about 4% on inheritance.
• Rio de Janeiro’s rates can go from about 4% up to 8% on larger estates.
• Other states like Minas Gerais charge approximately 5%.

Brazil’s Federal Senate sets the ITCMD ceiling at 8%, and no state can legally set a higher rate without legislative change.

Do Non‑Residents Pay Inheritance Tax in Brazil?

Yes, non‑residents are subject to ITCMD on Brazilian assets. State tax authorities treat inheritance tax the same for residents and non‑residents if the inherited asset is located in Brazil (real estate, companies, bank accounts, etc.).

If the heir lives abroad but inherits Brazilian assets, the ITCMD generally must be paid before the title transfer is completed, and estates may be blocked until this tax is settled.

Note: A 2025 Supreme Federal Court ruling means in some cases of assets located outside Brazil, ITCMD cannot currently be charged without a valid federal law — a temporary window that can benefit non‑residents.

How Does Inheritance Work in Brazil?

What is the maximum inheritance without tax?

Brazil does not have a nationwide tax-free inheritance amount, but many states exempt low-value inheritances, typically ranging from around BRL 40,000 to BRL 150,000 before ITCMD applies.

Examples of state-level ITCMD exemptions or minimum thresholds include:

• São Paulo (SP): Small inheritances may be exempt from ITCMD when the total estate value falls below BRL 40,000, the state’s minimum taxable threshold.
• Rio de Janeiro (RJ): Inheritances below roughly BRL 61,900, or individual assets of relatively low value, may qualify for exemption.
• Minas Gerais (MG): Inheritances of immovable assets (e.g., real estate) up to BRL 100,064 are exempt from ITCMD, and inheritances up to BRL 225,100 receive a 50% discount on the tax base; the standard ITCMD rate in MG is 5% of the taxable value
• Rio Grande do Sul (RS): Inheritances are taxed at 4%, but immovable assets up to BRL 60,100 or total estates up to BRL 144,300 are exempt from ITCMD; donations are taxed separately at 3%.
• Goiás (GO): Small inheritances may fall below the minimum taxable threshold before progressive ITCMD rates apply.
• Federal District (DF): Lower-value inheritances may be taxed at reduced rates, with practical exemptions applying to smaller estates.
• Bahia (BA): Although the state applies higher ITCMD rates for larger estates, low-value inheritances may fall below minimum taxable thresholds set in local legislation.

These exemptions are determined by state law, asset type, total estate value, and sometimes whether the property is a primary residence.

As a result, there is no single tax-free inheritance amount across Brazil, and heirs must always check the specific ITCMD rules in the state where the assets are located.

How Can I Reduce Inheritance Tax?

Because ITCMD rules differ by state and strategies must comply with Brazilian civil law, professional tax and legal advice is essential.

What Happens to Inheritance Tax if You Move Abroad?

Moving abroad does not eliminate ITCMD on Brazilian assets.

If you inherit property or assets located in Brazil while living overseas, the inheritance is treated as Brazilian-sourced and remains subject to ITCMD in the state where the asset is located.

However, under current constitutional interpretation, Brazilian states cannot levy ITCMD on inheritances involving only foreign-located assets until a specific federal law is enacted.

Even so, heirs may still face inheritance, estate, or income tax obligations in their country of residence, depending on local tax laws and domicile rules.

Conclusion

Brazil inheritance tax is not high by international standards, but its state-based structure makes outcomes highly location-specific.

For expats, non-residents, and internationally mobile families, the real risk is not the headline rate but misunderstanding which state rules apply, when ITCMD is triggered, and how global assets are treated.

With tax reform developments and differing state thresholds, proactive planning often determines whether an estate transfer is straightforward or unexpectedly costly.

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