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ITR bills arriving even 15 years after my wife sold the farm

Knut34

We are receiving Imposto Sobre a Propriedade Territorial Rural bills and fines for not paying them, even 15 years after we sold the farm.

I have 3 very simple question about this:

1. Who is responsible at the time of the sale to update this kind of Information?
- Buyer
- Seller
- Cartorio?

2. How do I "fix this"?

3. Do I get back ITR that was paid by us even though we did not own the farm anymore?

See also

The tax system in BrazilUS and Brazil Taxes RevisitedBrazil new Tax law for 2024 for resident and CitizensTrying to educate myself about Brazilian Tax ReturnsRelocation Companies
James

Hello Knut34,

There are no "simple questions" when it comes to dealing with the Receita Federal. The family that you've married into simply has compounded their problems by ignoring the bills that come from the Receita Federal rather than doing anything about them before now. But your family's attitude is typical among Brazilians - "Any problem ignored long enough will resolve itself." They're right too - you came along!!!

You are going to need the help of a tax lawyer on this one, there are no two ways about it, you won't be able to resolve this issue with the Receita Federal on your own. You're also going to have to also do a title search on the farm to make sure that the land was transfered over to the name of the new owner following sale.

Your family sounds like they've simply gone into a vegetative state and done absolutely nothing for themselves over several decades now. I certainly hope that they're going to pay you for all the work you're doing to resolve THEIR problems. Obviously it was your deceased mother-in-law who did everything for the entire family before and since her death the family has been frozen in time waiting for someone to rescue them from the freezer. Good luck to you my friend, sounds like you married into a whole lot more headaches than you ever bargained for.

I doubt that you're going to find much help here because tax issues in Brazil are among the most complex in the world. I'm certainly not going to stick my neck out making guesses and I doubt any of our other members will either. While you may not trust Brazilian lawyers, it's a very wise man who knows when there is no other option but to retain one.

In the meantime if you can find any answers in the Q&A book regarding ITR from the Receita Federal that may help a bit.



Cheers,
William James Woodward

Knut34

"Your family sounds like they've simply gone into a vegetative state and done absolutely nothing for themselves over several decades now"

That is pretty much what it is. The part that is able to deal with it has too many properties etc. to keep oversight and the rest is just not capable of fixing day to day paper work issues.

It almost seems that they consider themselves too good or their time too valuable to get papers in order. Can you imagine that i did not find one single folder with bank/tax documents in the entire apartment which was used by the family for 60 years? Only folders with medical and real estate stuff. And then the jeckpot. 3 big trash bags with banking documents from credit card receipts you get at purchases to acount statements etc... from a few months old to 20 years old

But for reading all Kind of books they always have time....

James

If you haven't already purchased a good WIG, I'd recommend you do so ASAP. This bunch is going to have you yanking your hair out in big bunches! Don't want to even imagine you as bald as a billiard ball.

I'm never going to complain about MY family again.

Hope you never have to sell the apartment or other real estate if you don't have all the water, gas, telephone and electric bills to prove there aren't any outstanding debts that will pass with the ownership of the property. Most buyers want either the original or copies of all of the above so they don't get stung with the seller's debts.

On the other hand, I'll just bet they kept receipts for absolutely every paper clip, postage stamp and lunch if they could write those off on their personal income taxes!!!  :lol:

Cheers

Knut34

Hahaha, no wig yet... But again you almost guessed it. Until a few months ago the electricity and water bill for the apartment arrived in the name of the previous owner.. The place was sold 10 years ago.  They just took the bill went to the bank an paid every month. They only changed it after I insisted on not waisting so much time with running around and paying stuff and Switch to direct debit instead....
Amazing....

James

Oh boy! You've gotten yourself into more trouble than even I imagined. I don't envy you your position, no Sir, not one little bit!

I really hope you aren't harboring even a remote hope that you might be able to educate them and they'll mend their ways........  they're waaaaaaayyyyyy beyond that!

jwesneski

Hmmm, sounds like this family is a microcosm of Brazil as a whole - just one big undocumented mess that somehow creaks along, with the attendant ineptitude, incompetence and inefficiency. Brazil coulda been a contender - it never will be, though.

Then again, forget all your troubles, the Cup is here.

James

jwesneski wrote:

Hmmm, sounds like this family is a microcosm of Brazil as a whole - just one big undocumented mess that somehow creaks along, with the attendant ineptitude, incompetence and inefficiency. Brazil coulda been a contender - it never will be, though.

Then again, forget all your troubles, the Cup is here.


You got that one right on the money!

The funniest part of all is that all those thousands of Brazilians who took to the streets to protest for better conditions, protest against the absurd government spending on the World Cup are all going to be in the line-up to purchase tickets to the games. Go figure!!!

Cheers,
William James Woodward, EB Expert Teams