New standard ensures that the tax is calculated based on the effective value of the purchase and sale, bringing legal certainty to the real estate market and more justice for the taxpayer
The law authored by deputy Thiago Manzoni was promulgated in the Official Gazette of the Federal District, on December 10th, which changes the rules for charging ITBI (Real Estate Transfer Tax). The rule was vetoed by the governor and overturned by the Legislative Chamber and now ensures that the tax is calculated based on the real value of the legal transaction signed between buyer and seller.
According to the parliamentarian, the new legislation returns predictability, legal security and confidence to the real estate market, in addition to respecting citizens who correctly fulfill their tax obligations. “Overturning the veto returns a very important word to the Federal District’s real estate market: trust. From now on, the value of the legal transaction concluded will be worth it,” said Manzoni.
With the change, the value declared by the taxpayer now has a presumption of veracity and can only be disregarded by the government through a specific administrative process, with the presentation of concrete evidence of fraud. For the deputy, the measure represents a victory for transparency. “If the purchase and sale was for two hundred thousand reais, it is two percent on two hundred thousand reais, and not on a value defined in an internal table of the Secretariat of Economy. This means trusting the population that the deals will be registered at the value they actually occurred”, he explained.
End of practice considered abusive
The new law amends a 2006 law and prevents a recurring practice of the local government: disregarding the amount actually paid for the property and calculating the tax based on tables specific to the Secretariat of Economy. In many cases, even properties purchased for nine hundred thousand reais had the ITBI calculated on one million reais.
This conduct had already been considered abusive by the Superior Court of Justice (STJ), but continued to be adopted by the DF. With the enactment of the law, the practice becomes illegal.
Thiago Manzoni is also the author of another initiative aimed at reducing the tax burden. In d2024, a law was sanctioned that reduced ITBI rates from 3% to 2% in general property transfers and to one percent in the first transfer of new built properties. The measure came into force on January 1, 2025. With the new legislation, the deputy reinforces his speech in defense of taxpayers and a fairer, more transparent and predictable environment for the DF real estate market.
