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New Law Signed Creates Special Regime for Updating Property Value and Changes the Way Income Tax on Real Estate is Calculated, Exposing Capital Gains and the Inflation Tax You Didn’t Even Know You Were Paying
If you are a property owner, the new law signed on November 21, 2025 directly changes your planning. The so-called Law 15.265/25 establishes Rearp, a special regime that allows updating the value of assets for income tax purposes, including real estate, by paying a reduced rate now in exchange for different taxation in the future. In practice, you are faced with a decision: adhere to the new law signed and anticipate a lower tax or keep everything as is and risk facing the full rate when selling the asset.
This discussion goes far beyond a bureaucratic detail. It exposes how the current system makes you pay income tax on real estate even on simple monetary correction.
In other words, there is currently a hidden tax on inflation included in the calculation of capital gains. With Rearp, the new law signed offers a rate discount but brings a series of conditions, deadlines, and traps that the property owner needs to understand before making any decision.
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What Exactly Did the New Law Signed Create
Law 15.265/25 establishes the Special Regime for Asset Update and Regularization, Rearp. Within it, there are two main fronts, but the one that affects more people is the update of the property value declared in the income tax.
Until now, the rule was clear. If you bought a property for 100 thousand reais in 2000, that value of 100 thousand remained on your income tax declaration until today, even if the property appreciated over time.
The new law signed does not change this standard logic, but creates an option: you can update this value in the income tax, paying a reduced rate now on the accumulated capital gain. In exchange, when you sell the property in the future, you will use this updated basis and no longer the old value.
From Practical Example to the Problem of the Inflation Tax
Imagine the following case, very similar to the example shown in the original video. You bought a property for 100 thousand reais 25 years ago.
Today it is worth around 500 thousand. By official correction calculations, just the inflation would make that 100 thousand worth about 441 thousand reais. The rest of the difference to the 500 thousand would be real appreciation of the property.
In the normal regime, without Rearp, if you sell this property for 500 thousand reais, the capital gain considered for tax purposes is 400 thousand reais, which is the difference between 500 thousand and the 100 thousand previously declared.
On that 400 thousand, the typical rate is 15 percent for most properties. Result: you pay 60 thousand reais in taxes.
The point is that a large part of that 400 thousand is not real profit, it is just accumulated inflation, but the current system treats everything as if it were effective gain.
That’s why the presenter emphasizes: in practice, Brazilians pay tax on inflation. And the longer the period between buying and selling the property, the greater this distortion tends to be.
How the Update of the Property Value Works with a 4 Percent Rate
This is where the main novelty of the new law signed comes in. Rearp allows you to make a update of the property value in your income tax, paying a flat rate of 4 percent on the difference between the old value and the updated value, if you are an individual.
Going back to the same example: property bought for 100 thousand, now worth 500 thousand. The accumulated gain is 400 thousand. If you opt for this update of the property value, you pay 4 percent on the 400 thousand.
This means a tax of 16 thousand reais instead of 60 thousand that you would pay under the traditional rule. For legal entities, the anticipated rate is 8 percent.
In theory, it seems like an excellent trade: pay 4 percent now to avoid 15 percent later, significantly reducing the impact of income tax on real estate when selling. But the new law signed itself brings a fundamental condition that completely changes this calculation.
The 5-Year Trap and the Risk of Paying Tax Twice
The legal text provides that if you adhere to Rearp and make the update of the property value, there is a 5-year period that must be respected. If you sell the property before completing those 5 years, all the effects of the special regime are disregarded.
In practice, this means that if you update now, pay the 4 percent, and sell the property in, for example, 3 years, the benefit falls away.
You will have to apply the normal capital gains rule again with a 15 percent rate on the difference calculated at the time of sale, deducting what you have already paid, but without having made any real profit from the operation. The money you anticipated in taxes could have been earning for you and not for the government.
Therefore, the video’s own analysis highlights: adhering to this new law signed only makes sense for those with a strong conviction that they will sell the property after this 5-year period, in a timeframe of 5, 6, or 7 years, for example. If you don’t know if you will sell, or if you may need to sell sooner, the risk is paying a lot now and not benefiting from the tax advantage later.
The New Law Signed Does Not Eliminate the Inflation Tax
Another important point is that even for those who choose the update of the property value, the structural problem of the inflation tax does not disappear.
In practice, you are resetting the “clock” today, updating the asset value to a level closer to reality and paying 4 percent on that accumulated gain.
However, starting next year, your property will continue to appreciate nominally because inflation in Brazil will not simply disappear.
On this new future appreciation, you will continue to be subject to income tax on real estate at the time of sale, according to the capital gains rules in effect at that moment.
In summary, Rearp offers a discount on the past, but does not change the fact that from now on, the taxation will also continue to apply to the effects of inflation.
Regularization of Undeclared Assets and the Cost of Peace of Mind
The second modality created by the new law signed addresses the regularization of assets or rights that have never been declared in income tax or were declared with omissions or relevant mistakes. This applies to properties, vehicles, vessels, aircraft, and other assets with lawful origin that, for some reason, were left out of the declaration.
In this case, the rule is stricter. The person has to pay 15 percent income tax on the capital gain and an additional 15 percent fine, totaling 30 percent on the difference between what the asset was worth when acquired and what it is worth today.
It is a high cost, but it buys legal peace of mind, since tax evasion is a crime and can lead to criminal proceedings.
For those with hidden assets who fear future investigations, the new law signed creates a sort of “forgiveness window” for payment.
Once regularized, the asset becomes part of the system, can be sold formally, transferred to heirs, and used more securely in succession and financial planning.
When the New Law Signed May Be Worth It for the Owner
In light of all this, the question everyone asks is whether it is beneficial to adhere to Rearp. The answer depends on your profile, your plans, and the situation of your property.
In general, the update of the property value tends to make more sense when:
- You have a property purchased many years ago, with significant accumulated appreciation.
- There is a real chance of selling after the 5-year period.
- The impact of paying 4 percent now does not compromise your liquidity or investment strategy.
On the other hand, if you do not plan to sell the property or may need to sell before 5 years, the new law signed loses attractiveness, because the risk of not benefiting is high.
And even if you update, remember that income tax on real estate will continue to apply to future gains, including the component of inflation tax that has not yet been resolved by the system.
Knowing all this, do you think it is worth adhering to the new law signed to update the property value and anticipate a lower tax, or would you prefer to maintain the current rule and decide only at the time of sale?
O pior ainda não comentaram, ano quem vem mais 2 imposto sobre seu imóvel CbS e Ibs terá incidência no valor cobrado pelo mais sistema **** do mundo!!!
Ir embora do Brasil e mostrar o dedo na saída pra os impostos, povos originários, MST e esse estado de escrotos
E pagar mais imposto fora daqui 🤡
Parei de ler na metade, é tanta armadilha criada por especialistas expert em meter a mão no bolso do contribuinte. Não à toa há imóveis construídos e não regularizados para fugir de vários impostos municipais, estaduais e federais. Corre por fora os advogados e cartórios. Essa lei por exemplo deveria isentar quem tem 1 imóvel comprado com tanto sacrifício. Deputados, Senadores eleitos pelo povo, criam leis para phoder com o povo.