Preta Gil’s disease can retire and exempt from Income Tax – 07/04/2023 – Rômulo Saraiva

Diagnosed with colorectal cancer, singer Preta Gil, 48, faces a battle for her life. And, for the happiness of fans and other Brazilians, she has been overcoming this problem and winning this fight. Bowel cancer usually brings consequences that affect the social security area and also generates income tax exemption.

The subject is dealt with jointly, because to stop paying the tax it is also necessary to be retired. In the case of Preta Gil, despite the severity of the disease being common to generate a permanent disability retirement, the current stage of the singer’s health did not justify this measure. The country thanks her for being able to continue singing.

Due to the time she underwent medical treatment, since the beginning of the year, Preta Gil could also have received temporary disability assistance (formerly sickness benefit), if she was insured by the INSS. In this case, the aid is granted by Social Security for those who are unable to perform their work for more than fifteen days. While the leave lasts, he can be claimed and guarantee a monthly income of up to R$ 7,507.49.

Due to the appearance of the disease, it is common for many not to claim the benefit from the beginning of the disability or hospitalization, but later. Those who do not claim assistance at the beginning can do so later. If the holder is unable to ask, a third party or family member can do it in their place. If the INSS denies granting the disability benefit, it is possible to apply retroactively, even if the insured person has already recovered from health. But it is important to keep contemporary evidence of the disease, such as a medical report and exams.

As Preta Gil has a high life expectancy and has had a good response to medical treatment, she will not be entitled to retire as an invalid. Fortunately! Because, otherwise, it could make it impossible for her to act as a singer. Although other cases of patients with colorectal cancer are sufficient for granting disability retirement and income tax exemption.

In a similar situation, the Federal Regional Court of the 3rd Region has already decided that malignant neoplasm (or colorectal cancer) is sufficient for exemption from Income Tax along with the condition of retirement via INSS, as provided for in Law nº 7.713/88. But it is necessary to meet the two cumulative requirements: that the holder receives retirement, pension or retirement, and that the individual has one of the serious illnesses provided for by law. As Preta Gil did not retire, he will not be able to receive the tax benefit.

The Income Tax exemption is granted on the grounds of serious illness, in order to relieve those who are at a disadvantage in view of the increase in expenses with the treatment of the disease, and must be recognized from the date on which the disease is proven, that is, of the medical diagnosis, even if the proof is not recognized by an official medical report.

It is very important to keep medical reports and exams to prove the withholding of Income Tax on the payment of your social security benefit.

It is not too much to remember the diseases that guarantee the tax benefit: active tuberculosis, mental illness, multiple sclerosis, malignant neoplasm, blindness, leprosy, irreversible and disabling paralysis, severe heart disease, Parkinson’s disease, ankylosing spondyloarthrosis, severe nephropathy, severe liver disease, states advanced Paget’s disease (osteitis deformans), radiation contamination, acquired immunodeficiency syndrome.

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