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Creates The Budgetary Programme Called ' Initiative For Investment And Jobs And, In Your Context, Creates The Tax Regime To Support The Investment Made In 2009 (Rfai 2009) And The First Amendment To Law No. 64-A/2008 Of 31 December (Luffs

Original Language Title: Cria o programa orçamental designado por «Iniciativa para o Investimento e o Emprego» e, no seu âmbito, cria o regime fiscal de apoio ao investimento realizado em 2009 (RFAI 2009) e procede à primeira alteração à Lei n.º 64-A/2008, de 31 de Dezembro (Orça

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CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

1

Exhibition of Motives

The depth and extent of the international financial crisis have aggravated the outlook

of world economic growth. In the European Union, Member States have by

this launched, in a coordinated manner, initiatives aimed at strengthening confidence and the

ensure the smooth operation of financial systems. The granting of guarantees of the

State to the financial institutions and the support granted to their recapitalization are examples

of that. Most recently, the European Council has approved a Recovery Plan

Economic with a view to producing a stimulus to economic activity and employment

that counteract the anticipated deterioration of European growth. The said Plan, taking

flexibility party provided for in the Stability and Growth Pact in the face of occurrence

of exceptional circumstances, promotes the coordinated intensification of the anti-

cyclic to be continued by the various Member States, provoking a budgetary stimulus

of the order of 1.5% of GDP.

The State Budget for 2009 contains already several measures that fall in the spirit

of this decision of the Council: the reduction of the Income Tax of Persons

Collective (IRC) for small and medium-sized enterprises (SME ' s), the reduction of payment

on account, the programme of extraordinary regularization of state debts, the programme

of the new dams, the increase in public investment in areas such as schools, the

science, technological modernization or the qualification of public services, as well as the

enhancement of supports for families and investment in social equipment. However, before

the aggravation of the external conjuncture and aware of the risks that this poses to its

economy, Portugal can't help but associate with the common effort now started, without

prejudice to the rigor of its public finances.

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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In that sense, and in such a way as to implement the Investment and Employment Initiative,

approved by the Government, it becomes necessary to add to the State Budget for 2009 the

standards that will allow the implementation of the set of additional measures, of character

financial and fiscal, which are part of the said Initiative, centered on five major axes

of action:

-Modernization of schools;

-Promotion of renewable energy, energy efficiency and transport networks of

energy;

-Modernization of the technological infrastructure-New Generation Broadband Networks;

-Special support for economic activity, exports and PME's;

-Support for employment and strengthening of social protection.

The integral measures of the said axes are aimed at, in essence, a conjunctural effect

counter-cyclical on investment and employment, being equally framed in the

Lisbon strategy, contributing to the enhancement of modernization and competitiveness of the

Country, of the qualifications of the Portuguese, of independence and energy efficiency, well

how for environmental sustainability, in addition to contributing to the promotion of

social cohesion.

In concrete, it is seen, in particular:

i) The strengthening of the School Park Modernization Program, through anticipation

of the reconstruction and modernization of 100 more public schools disseminated by the

Country;

ii) The promotion of energy sustainability, upon extraordinary support to

installation of solar panels and microgeneration units, the improvement of efficiency

energy of public buildings, investment in smart energy networks and

the anticipation of investment in the energy transport infrastructure;

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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iii) The support for the realization of investments in New Generation Broadband Networks,

with the investment in fiber-optic networks;

iv) The implementation of specific mechanisms for improvement of the conditions of

financing of the activity of SMEs, by the creation of new measures to support the

investment and export to SMEs's, for agriculture and agro-

industry, the establishment of a business restructuring support fund and support for

external promotion in the tourism sector; and

v) The strengthening of support for maintenance and job creation, notably through

of new measures designed to support micro and small businesses, facilitate access

of young people to employment, facilitate the transition to the employment of public ones in greater

disfavorability, improve qualifications and stimulate the creation of the own

employment, as well as the enlargement of social protection.

In the case of tax measures, it is created, for the year 2009, a combined scheme of

tax incentives (Fiscal Investment Support Regime held in 2009-RFAI

2009) that makes it possible to potentiate business productive investment by introducing

of two thresholds of automatic tax benefits in IRC headquarters and, complementarily,

in the Municipal Tax on Real Estate (IMI), on the Municipal Tax on Transmissions

Onerous of Real Estate Assets (IMT) and the Selo Tax, perfecting and enlarging the

scheme of tax benefits on investment of contractual nature beholded under the

Article 41 of the Status of Tax Benefits.

Complementarily, it is devotes the lowering of the minimum limit of the special payment by

account, applicable in IRC headquarters, for € 1000, and reduces the minimum threshold for the

submission of applications for reimbursement in value added tax (VAT),

preventing, still, in a VAT office, in the case of goods and services provided under

public procurement to establish a regime of inversion of the taxable person of VAT

( reverse charge ), attributing to the State bodies, Autonomous Regions, Authorities

Locals and other legal persons of public law the obligation to settle and deliver the

tax, on replacement of the suppliers.

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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Under the Tax Benefits Statute, two relevant amendments are carried out.

One, with respect to the tax regime of the Corporate Societies of Social Participants

extending it to the companies constituted in other Member States, so as to

stimulate investment and encourage the displacement of capital into the national space,

to propitiate an open regime and with effective tax competitive content, having in

account for the recent guidelines of the Court of Justice of the Communities. Another, deals with the

extension of the benefits applicable to the acquisition of computers for the acquisition of

equipment related to New Generation Broadband Networks.

Finally, the scope of the system of tax incentives in research and

business development (R&D) development (SIFIDE), in such a way as to allow 32.5% of the expenditure

with research and development can be deducted from the collection, as well as the

increase the upper limit of the incremental rate, which rises from 750000 to 1500000 euros.

Complementarily in view of the stimulus to private investment and the promotion of the

efficiency of financing conditions of public investment, are updated the

limits provided for in the State Budget for 2009 in respect of State guarantees,

providing for recognition by the Government of the projects deemed relevant in

matter of strengthening the competitiveness and productive capacity of the Portuguese economy,

contributing equally to the preservation of the level of economic activity.

The set of the measures that integrate the budget programme designated by " Initiative

for Investment and Employment " introduces a new impetus to public investment,

stimulates private investment, fosters exports, encourages maintenance and

creation of employment and strengthens social protection. Its implementation will thus give a

important contribution to growth and employment by enhancing the anti-...

Cyclical from the State Budget to 2009.

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

CHAPTER I

Initiative for Investment and Employment

Article 1.

Subject

This Law creates the budget programme designated by " Initiative for Investment and

the Employment " and, in its scope, creates the tax regime in support of the investment carried out in

2009 (RFAI 2009) and proceeds to the amendment to the Law No. 64-A/2008 of December 31.

Article 2.

Program "Initiative for Investment and Employment"

1-It is created the budget programme designated by " Initiative for Investment and the

Employment ", hereafter abbreviated by IIE Program.

2-The IIE Programme aims to promote economic growth and employment by contributing

for the enhancement of the modernization and competitiveness of the Country, the qualifications of the

Portuguese, independence and energy efficiency, as well as for the

environmental sustainability and, still, the promotion of social cohesion.

Article 3.

Measures and coordination of the IIE Program

1-The IIE Program is composed of the following measures:

a) Modernization of schools;

b) Promotion of renewable energy, energy efficiency and networks of

transport of energy;

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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c) Modernization of the technological infrastructure-New Broadband Networks

Generation;

d) Special support for economic activity, exports and small and medium

companies (SME ' s);

e) Support for employment and strengthening of social protection.

2-A The coordination of the IIE Programme is ensured by the Ministry of Finance and the

Public Administration.

Article 4.

Funding of the IIE Program

1-The IIE Programme is financed by appropriations entered in the State Budget for

2009, in the national component, add to the provisional appropriation entered in the Chapter

60 of the Ministry of Finance and Public Administration, in the overall amount of €

980 million, as well as by community funding in the projected amount of €

740 million.

2-A The transfer of the State Budget to 2009 for social security is

enhanced in the amount of € 185.7 million, aiming to provide coverage to the measure of support

to employment and strengthening of social protection.

3-Without prejudice to the provisions of the preceding paragraphs, the IIE Program may still be

funded with recourse to balances in the possession of the services.

CHAPTER II

Budgetary changes inherent in the IIE Programme

Article 5.

Amendment to Law No. 64-A/2008 of December 31

Articles 127, 131, 135, 139 and 142 of the Law No 64-A/2008 of December 31,

shall be replaced by the following:

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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" Article 127.

[...]

1-[...].

2-Added to the limit set in the previous number to be granted loans

by the services and autonomous funds, up to the contractual amount

equivalent to € 500 million, not counting for this limit the amounts

regarding the restructuring or consolidation of credits, including the

eventual capitalization of interest.

3-[...].

4-[...].

Article 131.

[...]

1-[...].

2-[...].

a) For the programmes co-financed by the ERDF, by

community initiatives and the Cohesion Fund € 1300 million;

b) [...].

3-[...].

4-[...].

5-[...].

6-[...].

7-[...].

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Proposed Law No. 247 /X

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Article 135.

[...]

1-The maximum limit for the authorization of the granting of guarantees by the State

in 2009 is fixed, in terms of annual net flows, at € 6000 million.

2-[...].

3-The responsibilities of the State arising from the commitments of the

concession, in 2009, of guarantees of credit insurance, of credits

financial, insurance-escrow and investment insurance may not overtake,

in terms of annual net flows, the amount equivalent to € 2100

million.

4-[...].

5-With observance of the limit set out in paragraph 1, they may benefit from guarantees

of the State, in 2009, the investment projects deemed relevant

by resolution of the Council of Ministers.

6-The provisions of the preceding paragraph shall prevail over any legal provisions

to the contrary.

Article 139.

[...]

To cope with the financing needs arising from the implementation of the

State budget, including services and funds endowed with autonomy

administrative and financial, is the Government authorized, under the terms of the h)

of Article 161 of the Constitution and of Article 142 of this Law, to increase the

direct global net borrowing, up to the maximum amount of € 10 107.9

million.

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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Article 142.

[...]

1-[...].

a) Amount of limits for the addition of net borrowing

direct global set out in the terms of Articles 139, 141 and

149.

b) [...];

c) [...].

2-[...].

3-[...]. "

Article 6.

Amendment to the maps of Law No 64-A/2008 of December 31

The amendments arising from this Law are contained in maps I to IV, X to XIV and XXI, in

annex to this Law, of which it is an integral part, which replaces the corresponding maps

referred to in Article 1 of the Law No 64-A/2008 of December 31.

Article 7.

Budget transfers

1-Without prejudice to the provisions of Article 7 of the Law No 64-A/2008 of December 31, stands the

Government authorized to make budgetary changes and constant transfers of the

framework annexed to this Law, of which it is an integral part.

2-It is, still, the Government authorized to make budgetary changes and transfers

that show necessary for the proper implementation of the IIE Program, independently

of their nature and entities involved, organic and functional classifications, to be published

pursuant to Art. 52 of Law No 91/2001 of August 20.

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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CHAPTER III

Tax measures inherent in the IIE Program

Article 8.

The lteration to the Tax Code on the Incomes Of Collective Persons

Article 98 of the Income Code on the Incomes Of Collective Persons,

abbreviately designated by IRC Code, approved by the Decree-Law No. 442-B/88, of

November 30, is replaced by the following:

" Article 98.

[...]

1-[...].

2-The amount of the special payment per account is equal to 1% of the volume of

business relating to the previous financial year, with the minimum limit of € 1000, and,

when higher, it shall be equal to this increased limit of 20% of the surplus part,

with the maximum limit of € 70000.

3-[...].

4-[...].

5-[...].

6-[...].

7-[...].

8-[...].

9-[...].

10-[...].

11-[...].

12-[...]. "

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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Article 9.

Amendment to the Value Added Tax Code

Article 22 of the Value Added Tax Code, abridgingly designated

by VAT Code, approved by the Decree-Law No. 394-B/84 of December 26, passes

have the following wording:

" Article 22.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-[...].

6-Notwithstanding the provisions of the preceding paragraph, the taxable person may apply for the

reimbursement before the end of the 12-month period when you check the cessation of

activity or pass to fall under the provisions of Article 29 (3) and (4), para. 1

of Article 54 or Article 61 (1) provided that the value of the refund is equal to or

higher than € 25, as well as when the credit to its favour exceeds € 3000.

7-[...].

8-[...].

9-[...].

10-[...].

11-[...].

12-[...].

13-[...]. "

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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Article 10.

Legislative authorisation in the VAT

1-It is the Government authorized to amend the VAT Code in the matter concerning the incidence

subjective.

2-A The authorization referred to in the preceding paragraph has as a sense and extension the

establishment of a rule of inversion of the taxable person of the tax relatively

transmissions of goods and benefits of services carried out in the framework of contracts

public of value equal to or greater than € 5000, whose purchasers of the goods or

recipients of the services are the state or other legal persons of law

public.

3-A present legislative authorization shall be used within 60 days after the

approval by the European Council of the application for derogation for the purpose,

presented under Article 395 of Council Directive No 2006 /112/CE of the Council of

November 28, 2006, concerning the common VAT system.

Article 11.

Amendment to the Status of Tax Benefits

Articles 32 and 68 of the Status of Tax Benefits, approved by the Decree-Law

n ° 215/89 of July 1, shall be replaced by the following:

" Article 32.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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5-[...].

6-The provisions of paragraphs 1 a to 3 shall also apply to companies whose registered office or

effective steering is situated in Portuguese territory, constituted second

the right of another Member State of the European Union, which have by

only contractual object to the management of social shareholdings of other

societies, as long as they fulfil the remaining requirements to which they are

subject to the companies governed by the Decree-Law No. 495/88, 30 of

December.

Article 68.

[...]

1-Are deductible to the IRS collection, up to your competition, after deductions

referred to in Article 78 (1) and in Article 88 of the respective Code, 50%

of the amounts expended with the acquisition of personal use computers,

including software, terminal apparatus as well as with equipment

related to New Generation Broadband Networks, up to the € limit

250.

2-[...].

3-[...]. "

Article 12.

Amendment to Law No. 40/2005 of August 3

Article 4 of Law No. 40/2005 of August 3, which creates the system of tax incentives in

research and development (R&D) business, is replaced by the following:

" Article 4.

[...]

1-[...]:

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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a) Base rate-32.5% of the expenses incurred in that period;

b) Incremental rate-50% of the addition of the expenditure incurred in that

period in relation to the simple arithmetic mean of the two exercises

previous, up to the limit of € 1500000.

2-[...].

3-[...].

4-[...]. "

Article 13.

Investment Support Tax Regime held in 2009

The Fiscal Investment Support Regime carried out in 2009 (RFAI 2009) is approved,

which is an integral part of this Act and which appears in the following Articles:

" Article 1.

Subject

A specific system of tax incentives for investment is created

in 2009 in certain sectors of activity, designated by tax regime

of investment support carried out in 2009, below abbreviated

by RFAI 2009, respecting Regulation (EC) No 800/2008, of 6 of

August 2008, which declares certain categories of aid compatible with the

common market, in application of Articles 87 and 88 of the Treaty

(General exemption regulation by category).

Article 2.

Scope and definitions

1-RFAI 2009 is applicable to the passive IRC subjects who exercise, the

main title, an activity:

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a) In the agricultural, forestry, agro-industrial, energy and tourism sectors and

still from the extractive or transformative industry, with the exception of

steel sectors, shipbuilding and synthetic fibres, such

as defined in Article 2 of the Regulation (EC) No 800/2008 of the

Commission, of August 6, 2008;

b) In the framework of the New Generation Broadband Networks.

2-For the purposes of this regime, they consider themselves to be relevant

following investments, provided that it is allocated to the holding of the company:

a) Investment in immobilized tangible assets, acquired in a state

again, with the exception of:

i) Land, save in the case of the exploitation of

mining concessions, natural and nascent mineral waters,

quarries, barretors and airmen in industry projects

extractive;

ii) Construction, acquisition, repair and extension of any

buildings, save if they are manufacturing facilities or affections to

administrative activities;

iii) Light passenger or mixed viatures;

iv) Furniture and articles of comfort or decoration, save

hotel equipment affection for the tourist operation;

v) Social equipment, with the exception of those that the company is

required to have by legal determination;

vi) Other investment goods that are not direct and

impressively associated with the productive activity exerted

by the company;

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b) Investment in immobilized intangible assets, consisting of

expenses with technology transfer, namely, through the

acquisition of patent rights, licences, "know-how" or

technical knowledge not protected by patent.

3-Can benefit from the tax incentives provided for in this scheme, the

taxable IRC subjects that cumulatively fill the following

conditions:

a) Have regularly arranged accounting, according to

accounting normalization and other legal provisions in force for

the respective sector of activity;

b) Your taxable profit is not determined by indirect methods;

c) Keep in the company and the region for a minimum period of

five years the subject goods of the investment;

d) Do not be debtors to the State and Social Security of any

contributions, taxes or contributions or have the payment of the

its duly secured debits;

e) Do not be considered companies in difficulty under the terms of

Communication from the Commission on Community Guidelines

relating to State aid for emergency and restructuring to

companies in difficulty published in the Official Journal of the European Union

C 244 of October 1, 2004;

f) Carry out relevant investment that provides for the creation of posts

of work and its maintenance until the end of the deduction period

constant of paragraphs 2 and 3 of Article 3.

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4-In the case of passive IRC subjects who do not enroll in the category

of micro, small and medium-sized enterprises, as defined in Annex I of the

Regulation (EC) No 800/2008 of the Commission of August 6, 2008, the

investment expenditure referred to in point (s) b) of paragraph 2 shall not

exceed 50% of the relevant investments.

5-It is considered investment carried out in 2009 the corresponding to the additions,

verified in that exercise, from tangible immobilizations and well so what,

having the nature of tangible assets and not by saying respect to

advances, translates into additions to the ongoing immobilizations.

6-For the purposes of the preceding paragraph, do not consider the additions of

tangible immobilizations that result from transfers of immobilized in

course transitioned from previous exercises, except if they are advances.

Article 3.

Tax incentives

1-To the taxable persons of IRC residing in Portuguese territory or that there

possess stable establishment, which exercise the main title a

activity of a commercial, industrial or agricultural nature covered by the n.

1 of the previous article that takes place, in 2009, investments considered

relevant, the following tax benefits are granted:

a) Deduction to the IRC collection, and up to the competition of 25% of it,

of the following importances, for investments carried out in regions

eligible for support in the framework of regional purpose incentives:

i) 20% of the relevant investment, regarding the investment up to

to the amount of € 5000000;

ii) 10% of the relevant investment, concerning the investment of

value greater than € 5000000;

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Proposed Law No. 247 /X

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b) Municipal Tax exemption on Real Estate, for a period up to

Five years, regarding the buildings of your property that

constitute relevant investment;

c) Municipal Tax Exemption on Onerous Transmissions from Bens

Real estate with respect to the acquisitions of buildings that constitute

relevant investment;

d) Selo's Tax exemption regarding the acquisitions of buildings

that constitute relevant investment.

2-A deduction referred to in point a) of the preceding paragraph is carried out in the

settlement concerning the period of taxation that starts in 2009.

3-When the deduction referred to in the preceding paragraph may not be made

in full for insufficiency of collection, the importance not yet

deduced may be it, under the same conditions, in the liquidations of the four

following exercises.

4-For the purposes of the provisions of the provisions of b) and c) of paragraph 1, the exemptions provided therein

are conditioned on recognition, by the competent assembly

municipal, in the interest of investment for the region.

5-The overall amount of tax incentives granted in the terms of

previous figures may not exceed the value that results from the application of the

maximum limits applicable to investment with regional purpose for the

period 2007-2013, in force in the region in which the investment is

carried out, set out in Article 7.

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Article 4.

Ancillary obligations

1-A deduction provided for in paragraph a) of paragraph 1 of the preceding Article is justified by

document to be integrated into the tax documentation process to which the

article 121 of the IRC Code, which discriminately identifies the

relevant investments, the respective amount and other elements

considered relevant.

2-From the tax documentation process pertaining to the exercise of the deduction must

still in the document that evidenced the calculation of the tax benefit, well

as a document proving that it is filled to

condition referred to in paragraph d) of Art. 2 (3) with reference to the month

previous to that of the delivery of the periodic income statement.

3-A accounting of the taxable persons of IRC beneficiaries of the scheme

provided for in this Law shall evidence the tax that cede to be paid

as a result of the deduction referred to in the previous article by

mention of the corresponding value in the annex to the balance sheet and the demonstration

of results relating to the exercise in which the deduction takes place.

Article 5.

Default

In the case of non-compliance with the provisions of paragraph c) of Article 2 (3), is

added to the IRC pertaining to the exercise in which the taxable person has alienated the

goods the subject of the investment the tax that is no less than settled in

virtue of the present regime, plus the corresponding interest

compensation majors by five percentage points.

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Proposed Law No. 247 /X

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Article 6.

Exclusivity of tax incentives

The tax incentives provided for in this diploma are not cumulable,

relatively to the same investment, with any other tax benefits

of the same nature provided for in other legal diplomas.

Article 7.

Maximum limits applicable to investment aid with regional purpose

1-In accordance with the national map of state aid with

regional purpose for the period from January 1, 2007 to 31 of

December 2013, approved by the European Commission on July 7,

2007, the maximum limits applicable to the tax benefits granted in

scope of the RFAI 2009 are as follows:

NUTS II NUTS III

Maximum limits applicable to the

investment aid with

regional purpose (applicable to

large companies)

1. Regions eligible for aid under the terms of paragraph a) of Article 87 (3) of the EC Treaty

during the whole period of 2007-2013

1.1.2007-

31.12.2010

1.1.2011-

31.12.2013

North Alto Rear-the-Montes 30 30

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Proposed Law No. 247 /X

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Ave 30 30

Caged 30 30

Douro 30 30

Between Douro and Vouga 30 30

Large Port 30 to 30

Minho-Lima 30 30

Tâmega 30 30

Mondego Low Center 30 30

Low Vouga 30 30

Edge Interior North 40 30

Edge Interior South 40 30

Row of Beira 40 30

Dyes-Lafões 36.5 30

Pinhal Interior North 40 30

Pinhal Interior South 40 30

Pinhal Litoral 40 30

Serra da Estrela 40 30

Medium Tejo 30 to 30

West 30 30

Alentejo Lezria do Tejo 30 30

High Alentejo 40 30

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Alentejo Central 40 30

Alentejo Litoral 40 30

Low Alentejo 40 30

RA Wood RA of Madeira 52 40

RA of the Azores RA of the Azores 52 50

2. Regions eligible for aid under the terms of paragraph a) of Article 87 (3) of the EC Treaty

by 12/31/2010 (regions affected by the statistical effect)

Algarve Algarve 30 20

3. Regions eligible for aid under the terms of paragraph c) of Article 87 (3) of the EC Treaty

during the whole period of 2007-2013

Great Lisbon

The Frank Village of Xira

(Alhandra, Alverca of the

Ribatejo, Castanheira do

Ribatejo, Vila Franca de

Xira) 15 15

P. of Setúbal Setúbal 15 15

Palmela 15 15

Montijo 15 15

Alcochete 15 15

4. Regions eligible for aid under the terms of paragraph c) of Article 87 (3) of the EC Treaty

in the period of 1.1.2007-31-12-2008, with a maximum limit of 10%

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Great Lisbon

The Frank Village of Xira

(Cachoeiras, Calhandriz,

Povoa of Santa Iria, Saint

John of the Montes,

Vialonga, Sobralinho,

Fort of the House) 10

Mafra 10

Loures 10

Sintra 10

Amateur 10

Cascals 10

Odicandles 10

Oeiras 10

P. of Setúbal Seixal 10

Almada 10

Barreiro 10

Moita 10

Sesimbra 10

2-The limits set out in the preceding paragraph are majorated in ten points

percentage for medium-sized enterprises and by twenty percentage points for the

small businesses as defined in the Recommendation of the Commission of

May 6, 2003 on the definition of micro, small and medium

companies published in the Official Journal of the European Union L 124 of May 20

of 2003.

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3-In the case of major investment projects whose eligible expenses

exceed EUR 50 million, the limits provided for in paragraph 1 are subject to

the adjustment set out in paragraph 67 of the Guidelines on the

state aid with a regional purpose for the period 2007-2013

published in the Official Journal of the European Union C 54 of March 4, 2006. "

CHAPTER IV

Social Security

Article 14.

Amendment to the Law No. 64-A/2008 of December 31 in the framework of Social Security

Article 56 of Law No 64-A/2008 of December 31 is replaced by the following:

" Article 56.

[...].

1-Revert to the Social Security Financial Stabilization Fund

one share up to two percentage points of the percentage value

corresponding to the employee's contributions on account of outrain.

2-[...]. "

Article 15.

Budget changes in the framework of active employment and training policies

professional

1-It is the Government authorized to undertake the transfer of appropriations between the heading

functional of "Vocational Training" and the functional heading of " Active Policies of

employment " entered in Map XI-Social Security Expenditure by Classification

Functional, to cope with the accruals of charges arising from the program

budget designated by "Initiative for Investment and Employment".

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2-The monies transferred to "Active employment policies" referred to in the number

previous constitute revenue from the Institute of Employment and Vocational Training, I. P.

Article 16.

Transfers for active employment policies and vocational training during the

year of 2009

1-Of the budgeted contributions under the framework of the Previdential System, in the territory

continental, constitute own revenue:

a) From the Institute of Employment and Vocational Training, I. P., aimed at the policy of

employment and vocational training, € 627299711;

b) From the Institute of Management of the European Social Fund, I. P., aimed at the policy of

employment and vocational training, € 4004041;

c) From the Authority for the Conditions of Labour, intended for the improvement of the

working conditions and the policy of hygiene, safety and health at work, € 26

693605;

d) From the National Agency for Qualification, I. P., intended for the policy of

employment and vocational training, € 8008081;

e) From the Directorate-General for Employment and Labour Relations, aimed at politics

of employment and vocational training, € 1334680.

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

26

2-Constituents own revenue of the Autonomous Regions of the Azores and Madeira,

respectively € 10686413 and € 12770204, intended for employment policy and

vocational training.

CHAPTER V

Final and transitional provisions

Article 17.

Amendment to Law No. 3/2009 of January 13

Article 22 of Law No 3/2009 of January 13 is replaced by the following:

" Article 22.

Production of effects

This Law shall produce effect on the date of entry into force of Law No 64-A/2008,

of December 31. "

Article 18.

Entry into force and production of effects

1-A This Law shall come into force on the day following that of its publication.

2-The provisions included in Chapter III of this Law shall produce effect on January 1

of 2009.

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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3-Notwithstanding the provisions of the preceding paragraph, the wording given by this Law to the

Article 4 of Law No. 40/2005 of August 3 applies only to the expenditure incurred

in the taxation period that starts on January 1, 2009.

Seen and approved in Council of Ministers of January 16, 2009

The Prime Minister

The Minister of State and Finance

The Minister of the Presidency

The Minister of Parliamentary Affairs

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 247 /X

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Attachment

Table of changes and budget transfers

(referred to in Article 7). budget transfers )

Transfers relating to Chapter 50

... Source Destination Limits

maximum of the

amounts to

transfer

(in euros)

Scope / purpose

... Ministry

from the

Education

Cabinet of

Management

Financial

Park

School,

E. P. E.

300 million Modernization of the

schools