Terra Nua e ITR (O Que É Terra Nua?)

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Última Atualização 11 de novembro de 2021

A terra nua é o equivalente ao imóvel rural por natureza, compreendendo o solo, com sua superfície e respectiva floresta nativa, despojado das construções, instalações e melhoramentos, das culturas permanentes, das árvores de florestas plantadas e das pastagens cultivadas ou melhoradas. O Valor da Terra Nua (VTN) é o valor do imóvel, excluídos os valores das construções, instalações e benfeitorias, das culturas permanentes e temporárias, das pastagens cultivadas e melhoradas e das florestas plantadas. Base legal: artigos 8° e 10 da Lei n° 9.393/96.

Fonte: http://www.contabilistassl.com.br/

CEBRASPE (2011):

QUESTÃO CERTA: O ITR tem como base de cálculo o valor da terra nua.

Lei 9393:

Art. 11. O valor do imposto será apurado aplicando-se sobre o Valor da Terra Nua Tributável.

CEBRASPE (2006):

QUESTÃO ERRADA: A base de cálculo do ITR relativo a imóvel localizado em área rural do estado de São Paulo será o valor venal do bem, devendo-se considerar o valor das construções, instalações, benfeitorias, culturas e pastagens.

A BC do ITR é o valor da TERRA NUA!

Banca própria PGR (2015):

QUESTÃO CERTA: A base de cálculo do Imposto Territorial Rural – ITR é o valor da terra nua tributável, que é o valor do imóvel excluído valores relativos a construções, instalações e benfeitorias, culturas permanentes e temporárias, pastagens e florestas plantadas.

A base de cálculo do ITR (Imposto sobre a Propriedade Territorial Rural) é o valor fundiário, entendido esse como a terra nua tributável (Art. 30, CTN).

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CEBRASPE (2018):

QUESTÃO ERRADA: O contribuinte do imposto de renda sobre a atividade rural que vender terra nua deverá incluir o produto da alienação na receita bruta da atividade rural.

ALIENAÇÃO DA TERRA NUA: Na alienação de bens utilizados na produção, o valor da terra nua não constitui receita da atividade agrícola. Nesse caso, o ganho deve ser apurado, de acordo com regras aplicáveis às demais pessoas jurídicas tributadas pelo lucro real.

INSTRUÇÃO NORMATIVA SRF Nº 83, DE 11 DE OUTUBRO DE 2001

Art. 5º A receita bruta da atividade rural é constituída pelo montante das vendas dos produtos oriundos das atividades rurais, exploradas pelo próprio produtor-vendedor.

§ 2º Integram também a receita bruta da atividade rural:

III – o valor de alienação de investimentos utilizados exclusivamente na exploração da atividade rural, ainda que adquiridos pelas modalidades de arrendamento mercantil e consórcio;

Art. 9º Não constitui investimento o custo de aquisição da terra nua.

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