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Ruling in the Federal Court of Justice may exempt the alimony beneficiary from the payment of Income Tax

The lawyer specialized in Family Law, Juliana Chinem, has been following with great interest the judgment of ADI 5422. So far, 6 Federal Court of Justice Ministers have positioned themselves in favor of a thesis that could guarantee the non-payment of Income Tax in child support in Family Law. With a majority, and without a contrary vote so far, the Court will soon be able to withdraw the payment of the Income Tax made monthly.

For Tax expert Lucas Siqueira, if the decision is confirmed by the Federal Court of Justice, the National Treasury must formulate a request for the non-levy to be applied only to future payments. Considering that the judgment may still take a few years, the alternative to anticipate the benefit would be to file a lawsuit to remove the Income Tax incidence later this year, as well as request reimbursement of payments made in the last 5 years. Depending on the amount of alimony and taxes paid, the taxpayer can assess whether it is worth trying to obtain the benefit immediately.