A viabilidade da constituição da holding familiar como instituto de planejamento sucessório: alternativa de luxo ou de atacado?

Abstract

Succession planning is an extremely important instrument for families in the Brazilian legal system. It can be done through so-called traditional mechanisms, such as wills, donations, living sharing and stipulations in favor of third parties, each with its own peculiarities. On the other hand, modern figures such as the family holding company – understood as the company that holds shareholdings, manages operational activities and centralizes assets in its property – acquires relevant potential in planning succession. In this scenario, the current research aimed to investigate the corporate and tax aspects inherent to the family holding, in order to discover the benefits and disadvantages it has in comparison to other succession planning tools and the unplanned inventory. Through the hypothetical-deductive approach method, the following hypotheses are formulated: the family holding company provides notable benefits to succession; on the other hand, irrefutable disadvantages coexist, such as operational costs; and, finally, the institution of the family holding company is not accessible to the general public. Furthermore, using comparative and monographic procedure methods, this work carries out a comparative analysis between the deprogrammed inventory, traditional forms of succession planning and the family holding company. Therefore, there are tables that compare the monetary values spent in the succession of simulated cases. Thus, it was possible to verify that the family holding company takes advantage of structural and organizational benefits, such as the mitigation of family disputes, optimization of business administration, protection and perpetuation of heritage and greater succession efficiency. From a fiscal point of view, the taxation of real estate income in the centralizing company proved to be profitable in cases where the value of the taxes compensates, at least, the costs of creating and maintaining the family holding company. Despite its notable benefits, asset shielding and tax savings cannot be treated as absolutes guarantees. So, it is concluded that, especially for family assets that receive high rental income, the family holding company proves to be particularly beneficial. Therefore, the previously mentioned scenario led this work to treat the family holding company as a “luxury” alternative, attractive to a small portion of the population, instead of a “wholesale” alternative, sold on a large scale