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The Property Transfer Tax (ITBI) Is Mandatory to Complete the Purchase of Real Estate in Santos. The Charge Varies Depending on the Type of Transaction and May Have Discounts or Exemptions in Specific Situations Provided by Law.
Buying a property is only finalized at the notary office after the payment of the Property Transfer Tax (ITBI).
In Santos, the rule is mandatory: without the tax paid or recognized exemption, the registration is not completed.
The charge is municipal and applies to onerous transfers, such as buying and selling and assignment of rights, with rates and benefits defined by local law.
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ITBI Rates in Santos
In the municipality, the standard ITBI rate is 2% applied to the calculation base of the property.
For transactions financed by the Housing Finance System (SFH), the law provides for differential treatment: the rate of 1% applies only to the financed portion, while the part paid with personal funds remains subject to 2%.
The specific deduction must be included in the financing contract, a document that proves compliance.
The municipal legislation also provides for a rate of 0.5% for acquisitions made by housing cooperatives of social interest and for Cohab, when it comes to popular housing.
In all cases, the buyer is responsible for paying the tax.
Calculation Base of ITBI and Criteria of the City Hall
The calculation of ITBI considers the real value of the transaction.
However, the law establishes that the base cannot be lower than the value used for the assessment of IPTU.
The City Hall compares the data and adopts the amount most consistent with the reality of the property.
If the declared price is lower than the fiscal parameter, the municipal value prevails.
When the transfer involves limited real rights, such as usufruct or bare ownership, the calculation base follows specific proportions provided by the legislation.
The tax authorities are also allowed to conduct investigations to assess whether the declared value is consistent with market value.
Property Registration and ITBI Requirement
Notary offices only effect the transfer after the presentation of the payment receipt for ITBI or the document recognizing exemption, non-incidence, or immunity.
Without this requirement, the buyer cannot formalize the registration in their name.
Therefore, the cost of the tax, in addition to notary fees and writing fees, should be considered in the purchase planning.
Cases of Full Exemption from ITBI
The legislation in Santos provides for full exemption from the tax for acquisitions made by the Federal Savings Bank within the scope of the Residential Leasing Fund (Residential Leasing Program), by the Company for Housing and Urban Development (CDHU), and by the Company for Housing of Baixada Santista (Cohab Santista), in cases provided by law.
To obtain the benefit, it is necessary to submit an administrative request to the Finance Department along with the required documentation.
There are also urban revitalization programs, such as Alegra Centro, which provide for ITBI exemption in specific transactions.
The eligibility depends on the type of project and the location of the property according to the program’s rules.
ITBI on Financing Through SFH
In financing through SFH, the discount does not eliminate the tax but reduces the rate on the financed portion.
Example: if the buyer finances a portion of the value, they pay 1% on the financed amount and 2% on the amount paid in full.
The payment guide already specifies this division when the contract with the bank proves the link to SFH.
ITBI Installment Plan in 2025
Until the beginning of 2025, the City Hall reported that there was no installment plan for ITBI.
This situation changed with Complementary Law No. 1,300/2025, now in force, which allows the tax to be divided into up to six monthly installments starting in July.
The taxpayer must formalize the agreement by means of an installment agreement and pay the first installment for the guide to be validated.
The law also opened an exception for transfers that occurred before its publication: in these cases, it is possible to request installment in up to 12 times, provided the request is submitted within the established deadline after enactment.
Debts already registered in active debt cannot be settled in this way.
Documents and Procedures for Payment
The ITBI guide can be issued on the City Hall website or at the fiscal plant.
Requests for exemption, immunity, or non-incidence must be formalized via Poupatempo, with the presentation of the updated registration, the IPTU statement, corporate acts when applicable, and the specific documents required for each case.
Cancellation situations of operations, data rectification, or refund for undue payment also follow specific instructions from the Finance Department.
Points of Attention for Those Who Will Finance
Three main aspects need to be observed by those intending to finance:
- Calculation Base: cannot be lower than the value used for IPTU.
- Compliance with SFH: the contract must prove the use of the system to ensure the reduced rate.
- Installment Plan: is available in up to six installments, subject to agreement signing, with an exceptional possibility of 12 in specific cases provided by law.
What other changes regarding ITBI in Santos could make life easier for those buying their first financed property?
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