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Inventory Is a “Bad Choice”: Tax on Market Value, Notary Fees, and Capital Gains Increase Inheritance Costs.
The inventory is the legal procedure to formalize the transfer of assets after a person’s death. Although mandatory in the absence of prior planning, it is seen by experts as one of the most costly and bureaucratic options for Brazilian families. According to lawyer Thiago Nascimento, the main factors that increase the process’s cost are the collection of ITCMD on market value, notary and registration fees, attorney fees, and, in some cases, the incidence of capital gains on the sale of assets to cover expenses.
The warning is not just financial. Besides the economic impact, the inventory often opens the door to family conflicts that can drag on for years.
Therefore, Nascimento argues that inventory is a bad choice, recommending successional planning in life as a strategy to reduce costs and preserve family harmony.
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How Inventory Works and Why It Is Expensive
The inventory can be conducted judicially, at the court, or extrajudicially, at a notary office, as long as all heirs are of legal age, capable, and in agreement.
However, in any modality, the first obstacle is the ITCMD (Tax on Inheritance and Donation).
According to Thiago Nascimento, State Revenues have begun to adopt the market value of properties as the calculation basis, instead of the assessed value, which considerably raises the tax due.
With the tax reform, the trend is for progressive rates reaching 8%, applied to this higher base.
In addition to ITCMD, additional costs include notary fees for drafting the deed, registration fees, attorney fees, and any additional costs if it becomes necessary to sell an asset to cover expenses, at which point capital gains apply.
In practice, the inventory can consume thousands or even millions of reais, depending on the assets involved.
Family Conflicts and Delays in the Process
Another point highlighted by Thiago Nascimento is the emotional impact of inventory.
The procedure often generates disputes among heirs, whether over the division of assets or due to delays in judicial progress.
Cases of inventories that drag on for decades are not uncommon in Brazilian courts, consuming time, resources, and the emotional health of families.
In the lawyer’s assessment, this scenario reinforces the need to plan for succession in life, preventing the assets accumulated over decades of work from being depleted in costs and family disputes.
Alternatives to Traditional Inventory
According to Nascimento, some common alternatives, such as wills, do not avoid inventory, serving only to organize the division of assets while maintaining the bureaucratic process.
On the other hand, living donations of real estate, although possible, carry legal and tax risks that can become a “trap,” especially without proper guidance.
The most efficient solution, according to the specialist, is the creation of a family holding. This model, increasingly used in Brazil, consists of a company established to concentrate the family’s assets.
With the holding, it is possible to organize succession in a planned manner, reduce the tax burden, avoid conflicts, and simplify asset management.
Nascimento emphasizes that this strategy is not exclusive to wealthy families: anyone with considerable assets can benefit from this model, especially given the trend of increasing the tax burden on inheritances.
Is It Worth It to Plan for Succession?
With the increasing tax pressure that includes changes in income tax, IOF, and consumption taxes, Thiago Nascimento argues that succession planning has ceased to be a luxury and has become a necessity.
The family holding, in this context, presents itself as a practical tool to protect assets, organize the transfer to heirs, and minimize the financial and emotional impacts of an inventory.
For him, the message is clear: those who do not plan end up opting for inventory, and this is a bad choice.
The inventory is legally necessary when there is no succession planning, but its costs and risks can be significant.
With ITCMD on market value, progressive rates up to 8%, notary expenses, and the possibility of capital gains, the process becomes expensive and often compromises the family’s wealth.
The family holding emerges as an alternative for those who wish to preserve assets, reduce costs, and avoid disputes.
And you, do you believe that the family holding is truly the best way to avoid the costs of inventory? Do you know someone who has gone through this situation?
Leave your opinion in the comments — your experience may help other families.
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