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The Federal Revenue Service distributes income tax refunds to legal beneficiaries differently from primary taxpayers. Let’s clarify!
Heirs have access to several benefits that would belong to individuals who have already passed away. One of these rights is an income tax refund. Next Thursday (31), the Federal Revenue Service will announce the 4th batch, distributing a total of R$ 7.5 billion to 6.11 million taxpayers.
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The way the Federal Revenue Service transfers income tax refunds to heirs is not the same as the way it does so for the original taxpayers. Generally, the amount is deposited directly into the account indicated by the taxpayer when filing their return. However, for successors, presenting certain documents is essential.
How can a successor obtain the income tax refund of someone who has passed away?
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If there are assets to be inventoried, or even in their absence and in the absence of heirs, the refund is processed through a Judicial Authorization or an Extrajudicial Public Deed. One of these instruments must establish the heir’s right and the share they are to receive.
However, eligibility for a deceased person's refund changes if there are no assets to be included in probate. According to the Receita website, spouses, partners, children, and other dependents of the deceased collect the benefit as determined by social security or military legislation.
In the absence of assets to be included in probate, what documents must the heir submit?
Here is the list of required documents:
- Death certificate;
- Heirs' CPF numbers;
- Declaration affirming that there are no assets to be included in probate and the veracity of the documents provided;
- Dependency certificate issued by the Instituto Nacional do Seguro Social (INSS) or another social security institution;
- Heirs' banking information (checking or savings account).
The amount was deposited into the deceased person's account: what is the next step?
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Thus, if the heir realizes that the amount was deposited into the deceased person's account, they should contact the bank to remedy the situation. It is important to note that this practice follows the guidelines of the Banco Central (BC).
On the other hand, if the government sends the amount and the transaction is not completed, but the funds are accessible, the beneficiary must go to Banco do Brasil with the correct documentation. However, if there are multiple beneficiaries, they must submit the request directly to the Receita.
