Choosing the Tax Regime for Private Pensions – Possibility of a New Option for the Beneficiary

This article aims to analyze the changes in the tax legislation for supplementary pension plans, specifically with regard to the timing of the option for the tax regime. The changes made to Law No. 11,053 of 2004 by Law No. 14,803 of 2024 allow the choice of tax regime to be made when the accumulated amount is first redeemed or when the supplementary pension benefit is obtained. With this legislative change, beneficiaries who were already in this condition before January 11, 2024, and who opted for the regressive regime will not be able to opt for the progressive regime. However, if these pensioners and beneficiaries were already in this condition before the enactment of Law 14.803/2024 and were being taxed under the progressive regime, they may opt for the regressive taxation regime.