The councilors of São Paulo approved in the first round on Tuesday, 19, a bill presented by the administration of Ricardo Nunes (MDB) at the beginning of the month and that foresees changes in the Generic Plan of Values of the Municipality. The change results in changes in the collection of Urban Property and Land Tax (IPTU), Tax on Services of Any Nature and Tax on the Transmission of Real Estate (ITBI).
The proposal still depends on a majority in the second vote to be sent for sanction by the City Hall. It has been criticized by the benches, such as PSOL, PT and Novo, for implying a higher increase in the peripheral neighborhoods, which was demonstrated through a survey of the PT bench.
Material presented by the City Hall estimates that the change could lead to an increase in IPTU for around 65% of taxpayers. The Nunes administration has stated that the proposed changes to the PL will be applied to the collection of IPTU starting in 2024, as the PL has a provision that provides for a limited readjustment to the inflation rate in the next two years, whose application depends on a municipal decree.
In the last year, the tax had no increase and, in the two previous years (2019 and 2020), the increase was 3.5% uniformly. The change foreseen in the PL is, however, variable according to the characteristics of the construction, such as area and architecture (ranging from A, the lowest, to E), region (with three subdivisions) and purpose (residential or non-residential ).
Based on the 2017 law and the updating of values with subsequent adjustments, the PT bench identified that the largest increases provided for by the PL are in constructions in Fiscal Zone 3 (the districts furthest from the central region) and with a smaller area. This means, for example, that a house of up to 80 square meters in the periphery will have an increase of 89.2%, while a horizontal residence between 301 and 500 square meters in the central region will have an increase of 2.7% (and others of higher measures will even have a reduction in the tax).
Business
The situation is repeated between businesses. An “A” pattern horizontal trade (rating for those with up to two floors, simple masonry and minimal sanitary facilities) will have an increase of 72.6% to 101%, depending on location. On the other hand, an “E” standard horizontal trade (the highest, with more qualified infrastructure) will not have a readjustment or will face a 6.1% reduction in the tax, depending on the location.
If approved, the PL will also modify the IPTU exemption rules for retirees and pensioners, who will not be able to have another property in any city in the country (and not only in the capital of São Paulo, as it is today) and must use the only property they have as a residence .
For owners in general, the exemption will be restricted to properties (except autonomous condominium units taxed such as garages and commercial parking lots) of up to BRL 120 thousand of market value and residences of up to BRL 230 thousand (classified as standards A, B or C, in accordance with the terms of Law 10.235/86). The release of tax payment will be based on the new amounts provided for by the PL.
In addition, the proposal will also affect the Public Lighting Service Contribution (Cosip) tariff. The contribution will be included in the monthly electricity bill, whose value will be calculated based on the monthly consumption and if the property is residential.
The Generic Plant of Values establishes the values per square meter of real estate, both land and buildings. A municipal law determines that it is reviewed by the government every four years, with a bill being sent to the Chamber by October 15 of the first year of the respective mandate.
The PL had 34 votes in favor, 19 against and 1 abstention in the first vote. He was criticized by councilors from PT, PSOL and Novo. Before returning to the plenary, the text may undergo changes and will be submitted to two public hearings, one of them scheduled for next Monday.
Councilors linked to the government have highlighted that Nunes promised that the IPTU will not have a real increase in the next two years, being restricted to an adjustment for inflation. On the other hand, among the opposites, there is the argument that the change will mainly burden the population of the periphery and the lower class. O state he sought the City Hall, but did not get an answer until the publication of this report.
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