Key Benefits:
PROPOSED LAW No. 2/XI
Exhibition of Motives
The consequences of the international financial and economic crisis were more intense than
initially if it previres. Notwithstanding the acknowledged signs of recovery of activity
economic, resulting, in general, of the set of measures promoted and concerted by the
various States, and, in particular, of the measures taken by the Portuguese Government,
notably to ensure stability to the financial system and to support the economy and
households, the sharp fall in tax and contributory revenue was inevitable.
Tax revenue in 2009 strongly reflected the negative progress of the major variables
macro-economic, checking for a break now estimated at 13.2% relatively to the
value charged in the preceding year. In comparison to the value of the underlying tax revenue
to Law No. 10/2009 of March 10, a reduction of approximately 4.5 thousand million is expected to be
euro, in large part justified by the evolution of indirect taxes, in particular of the
VAT, resulting from the contraction of domestic demand and prices.
At the level of direct taxes, the relatively more unfavorable developments in the market of
work has been contributing in a negative way to the collection of IRS. For your shift to
decrease in IRC revenue stems from the deterioration of company results in 2008
that were reflected in a lower revenue in the autoliquidation, in a greater volume of
reimbursements and in the reduction of payments on account.
To combat the effects of the crisis the Portuguese Government has taken several measures to
promote economic growth and employment, support investment, strengthen soundness
of credit institutions and promote the liquidity conditions in financial markets,
and, to that extent, ensure the regularity of funding for households and businesses. Of these
measures, they highlight inter alia the reduction of the time limits for reimbursements (Decree-Law
n 211-A/2008, of November 3), the extraordinary concession of personal guarantees by the
State (Law No. 60-A/2008 of October 20), the regime of public capitalization (Law
n 63-A/2008, November 24) and the increase in the limit of protection of deposits with the
lifting of the guarantee threshold from EUR 25 thousand to EUR 100 thousand. In scope and in the
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Sequence of the European Council of December 2008, the Portuguese Government launched the
Initiative for Investment and Employment (Law No. 10/2009 of March 10), an
integrated program for promotion of investment and employment.
Despite the positive impact of the said measures approved by the Government and a
more favorable developments in financial markets, the already mentioned decrease in tax revenue
makes it necessary to make some adjustments in particular to the level of the redistribution of the
limits on expected indebtedness to cope with the needs arising from the implementation
of the State Budget and the reallocation of some items of the expenditure, without increasing the
maximum authorized limit.
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:
Article 1.
Amendment to Law No. 64-A/2008 of December 31
Articles 139 and 149 of Law No. 64-A/2008 of December 31, go on to have the following
wording:
" Article 139.
[...]
1-To cope with the financing needs arising from the implementation
of the State Budget, including the services and funds endowed with
administrative and financial autonomy, lies the authorized Government, in the
terms of the point h) of Article 161 of the Constitution and of Article 142 of the
present law, to increase direct global net borrowing, up to the
maximum amount of (euro) 15 to 011.7 million.
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2-The addition that results from the previous number in the face of the limit set in the Act
n ° 10/2009 of March 10, which amended the Act No 64-A/2008, of 31 of
December, is carried out by counterpart of a reduction, in the same
measure, to the maximum extent provided for in Article 149.
Article 149.
[...]
Exceptionally, to cope with the financing needs, having in
view the enhancement of financial stability and the provision of liquidity in the
financial markets, is the Government authorized, under the terms of the h) from the
Article 161 of the Constitution and Article 142, to increase indebtedness
direct global net up to the amount of € 15 to 096.2 million, which is to add to the
maximum amount referred to in Article 139 of this Law. "
Article 2.
Amendment to the maps of Law No 64-A/2008 of December 31
The amendments arising out of this Law are contained in maps I to IX annexed to this Law,
of which they are an integral part, and which replace the corresponding maps to which it relates
the Article 1 of the Law No 64-A/2008 of December 31.
Seen and approved in Council of Ministers of November 19, 2009
The Prime Minister
The Minister of State and Finance
The Minister of the Presidency
The Minister of Parliamentary Affairs