Key Benefits:
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Proposal for Law No 175 /XII
Exhibition of Motives
The reform of the Income Tax of Collective Persons (IRC) is a priority
of the Government since the beginning of the legislature. This reform has been shown, since soon, of the Programme of the
Government, which points out this reform as decisive to strengthen competitiveness and
internationalization of Portuguese companies.
The priority of the IRC reform is based on the very significant impacts that this
type of reform has in the promotion of sustainable economic growth, based on
private investment and the internationalization of the economy (whether through investment
foreign direct, either through the internationalization of Portuguese companies).
Indeed, there is a broad consensus today at the international level in the sense that the IRC is
the tax with the most significant impact on the investment decisions of the agents
economic. Thus, various international organizations, in numerous studies on the
matter, confirm that direct taxation on companies is the tax instrument more
suitable to promote investment in general and foreign direct investment in
particular.
Investment is the decisive element for the country's economic recovery. In Portugal,
investment has been decreasing in the last decade and, in particular, in recent years.
At this point it is therefore vital to stimulate investment in order to reverse this cycle
negative and initiate a new phase of economic growth and job creation.
The tax factors are not the only ones to determine the investment decision. However, a
deep and comprehensive reform of the IRC, alongside the other approved structural reforms
by this Government, plays a decisive role in increasing the competitiveness of the
Portuguese economy and Portugal's affirmation as a favorable destination for investment
foreign.
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Also with respect to the internationalization of companies, it is critical that a
small open economy, as is the case with Portugal, bet on tax regimes that
promote the investment of domestic companies in foreign markets. These
tax regimes should not only allow the investment of domestic companies in the market
external, but also attract multinational companies that use the country as a destination for
your investments. In this way, this framework makes this proposal for a Reformation
of the IRC in a decisive element for the revival of the national economy.
With this purpose, the reform of the IRC aims to correct a set of chronic problems
that penalizes the competitiveness of our tax system. Since soon, the high level of the
applicable fees. Currently, the IRC rate is 25% percent. To this one add to Derrama
Municipal, whose fee can go up to 1.5% of the taxable profit and the State Stroke That Focuses, the
a rate of 3%, on taxable profit higher than 1,5M€ and up to 7,5M€ and 5% on profit
taxable higher than 7,5M€.
In the framework of the IRC reform is proposed a gradual reduction of the IRC rate to 23%
in 2014, with the ultimate goal of fixing it between 17% and 19% in 2016. Simultaneously,
proposes the elimination of the municipal Derrama and the State Derrama in 2018, so as to
that the taxation rates in Portugal are competitive in international terms,
notably with the countries competing with Portugal in the attraction of investment
foreign.
Additionally, the reform intends to promote the simplification of the tax system with
significant reduction of declarative obligations and ancillary obligations. Currently the
companies are subject to a total of 68 declarative and ancillary obligations. Portugal is,
thus, the 4 country of the European Union in which the costs of fulfillment appear more
high. It is estimated that, on average, Portuguese companies will spend an additional 23 hours
per year in respect of the European average in the performance of the tax obligations.
In this context, it is proposed to eliminate or reduce about a third of the obligations
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declaratives that impend on the companies, simplifying a significant set of
rules for compliance with those obligations, without putting the necessary mechanisms into question
to effectively combat tax fraud and the shadow economy.
As a measure of promotion of smaller companies, reform proposes to create
of a simplified scheme for small and medium-sized enterprises. At this time, the regime of the
IRC applies indistinctly to all companies in Portugal, regardless of their
size and turnover. This reality determines that a microenterprise is
subject to the fulfillment of the same tax obligations as a listed company.
The reform proposes an optional simplified regime, to which they only adhere to the companies that
so they will understand it, applicable to companies with turnover not exceeding
€ 200 to 000.00 and total balance sheet not exceeding € 500 000.00, covering potentially
more than 300 thousand companies (70% of the business fabric). Simultaneously, and in a way
equate the two schemes, changes the simplified IRS regime in the same molds (whether
in terms of coefficients, either in terms of maximum turnover limit),
covering approximately 160 thousand entrepreneurs in individual name.
On the other hand and aware that the internationalization of the national economy is key
for the sustainability and growth of the Portuguese business fabric, propose a
set of measures that facilitate that internationalization and promote the
competitiveness of Portuguese companies at the global level.
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, with a request for priority and urgency:
Article 1.
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Object
This Law proceeds to the reform of the taxation of companies by amending the Code of the
Income Tax on Collective Persons (CIRC), approved by the Decree-Law
n 442-B/88, of November 30, and the Regulatory Decree No. 25/2009, 14 of
September, as amended by Law No. 66-B/2011 of December 30.
Article 2.
Amendment to the Income Tax Code of Collective Persons
Articles 6, 8, 14, 16, 18, 26 to 34, 40, 41, 46, 51, 51, 51, 51, 51, 51 para.
55, 63, 66 to 71, 73 to 76, 81, 84, 87, 90, 90, 104, 104, 104 to 94, 104, 104, 104 para.
106, 118, 120, 123, and 138 and 138 of the IRC Code, approved by the Decree-Law
n 442-B/88, of November 30, go on to have the following essay:
" Article 6.
[...]
1-[...].
2-[...].
3-[...].
4-[...]:
a) Society of professionals:
1) The society constituted for the exercise of an activity
professional specifically provided for in the list of activities to which
it refers to Article 151 of the IRS Code, in which all the
partners natural persons are professionals of this activity;
or,
2) The society whose income provenham, by more than 75% percent,
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of the joint or isolated exercise of professional activities
specifically provided for in the constant list of Article 151 of the
IRS Code, provided that, cumulatively, on any given day
of the taxation period, the number of partners is not higher
at five, none of them are a collective person of public law, and
at least 75% of the social capital be held by professionals
which carry out the said activities, in whole or in part,
through society.
b) [...];
c) [...].
5-For the purposes of the c) of paragraph 1, do not consider companies to be simple
administration of goods to which they exercise the activity of management of shareholdings
social media of other societies and who hold social stakes that
comply with the requirements set out in Article 51 (1).
Article 8.
[...]
1-[...].
2-[...].
3-A faculty provided for in the preceding paragraph shall be extendable, fulfilled the
conditions referred to in the same number, to the remaining taxable persons,
upon communication to the Tax and Customs Authority effectuated with the
minimum advance of 60 days counted from the date of your inception.
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4-[...]:
a) In the year of the commencement of taxation, in which it consists of the period
elapsed between the date on which the activity starts, the seat or direction
effective passes the situate in Portuguese territory or if they begin to
get income that gives rise to tax, depending on
the case, and the end of the taxation period;
b) [...];
c) [...];
d) [...].
5-[...].
6-[...].
7-[...].
8-[...].
9-[...].
10-[...].
11-Whenever, in the merger or fission project, a date is set from the
what the operations of the companies to merge or the fissir are considered, of the
accounting point of view, as effected on account of the society
beneficiary, the same date is considered relevant for tax purposes
provided that it is located in a period of taxation coincident with the one in
that the production of the legal effects of the operation in question occur.
12-When the provisions of the preceding paragraph shall be applicable, the results
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performed by the companies to merge or to fissile, during the period
elapsed between the date fixed in the project and the date of the production of the effects
legal of the operation, are transferred for the purposes of being included in the
taxable profit of the beneficiary society concerning the same period of
taxation in which they would be considered by those societies.
Article 14.
[...]
1-[...].
2-[...].
3-Are exempt the profits and reserves that an entity resident in territory
Portuguese, subject and non-exempt from IRC or from the tax referred to in Article 7 and
not covered by the scheme provided for in Article 6, place at the disposal of
an entity that:
a) Be resident:
1) In another Member State of the European Union;
2) In a member state of the European Economic Area that
is bound by administrative cooperation in the field of
taxation equivalent to that established within the framework of the Union
European;
3) In a State with which a convention has been concluded for
prevent double taxation, which provides for administrative cooperation
in the field of taxation equivalent to that established in the framework
of the European Union.
b) Be subject to and not exempt from a tax referred to in Article 2 of the
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Directive No 2011 /96/UE of the Council of November 30, 2011,
or of a tax of an identical or similar nature to the IRC since,
in the situations provided for in sub-paragraph 3) of the preceding paragraph, the statutory rate
applicable to the entity is not less than 60% of the expected IRC rate
in Article 87 (1);
c) Detain directly, or directly and indirectly pursuant to paragraph 6 of the
article 69, a participation not less than 5% of the social capital or
of the voting rights of the entity that distributes the profits or reserves, of
uninterrupted mode, during the 12 months prior to distribution, or,
has been held for less time, be held uninterruptedly during the
time required to complete that period.
4-For the purposes of the implementation of the scheme provided for in the preceding paragraph, it shall be
made proof of the fulfilment of the respective conditions, before the entity
which is required to effect withholding at the source, at the moment
previous to the date of the allotment to the disposition of profits and distributed reserves,
owing the evidence on the requirements set out in the points a) and b) from the
previous number to be effected through confirmed and authenticated declaration
by the competent tax authorities of the State of which he is resident
entity, being yet to observe the one provided for in Article 119 of the Code of the
IRS.
5-For the purposes of the provisions of paragraph 3, the definition of resident entity is that
results from the tax legislation of the state's respective state and the intended conventions
avoiding double taxation.
6-The provisions of paragraphs 3 and 4 shall also apply to profits and reserves
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distributed that a resident entity in Portuguese territory, place à
provision of a stable establishment located in another member state
of the European Union, or of the European Economic Area, of an entity
that complies with the requirements set out in the ( a) a c) of paragraph 3.
7-For the purposes of the provisions of the preceding paragraph, it is understood to
stable establishment any fixed installation through which a
society exercises, in whole or in part, its activity and is subject to
tax, under the convention to avoid double taxation or, in its
absence, under national law.
8-[...].
9-[...].
10-[ Revoked ].
11-[ Revoked ].
12-[...].
13-[...].
14-[...].
15-[...].
16-[...].
Article 15.
[...]
1-[...]:
a) [...];
b) [...];
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c) [...]:
1) Tax damages attributable to such a stable establishment, in the
terms of Article 52, with the necessary adaptations, well
like those prior to cessation of activity by virtue of
cease to be located in Portuguese territory the head office and the direction
effective, in the ratio of the market value of the elements
patrimonial affections to that stable establishment;
2) [...];
d) [...].
2-[...].
3-[...].
Article 16.
[...]
1-[...].
2-[...].
3-A The determination of the coletable matter in the framework of direct assessment, when
be effectuated or object of correction by the services of the Tax Authority
and Customs, is the competence of the director of finance of the area of the head office,
effective direction or stable establishment of the passive subject, or the director
of the Major Contributors Unit in the cases that are the object of
corrections effected by this in the exercise of your assignments, or by
employee in which by any of them is delegated competence.
4-[...].
Article 18.
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[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-The revenue and service benefits of services, as well as the
spending referring to inventories and external supplies and services, are
attributable to the period of taxation to which they respect by the nominal amount
of the contraption.
6-[...].
7-[...].
8-The income and expense, as well as any other variations
heritage, reliefs in the drafting of the individual accounts in
consequence of the use of the equity method or, in the
case of joint ventures that are taxable persons of IRC, of the
proportional consolidation method, do not compete for the determination
of taxable profit, owing to earnings from profits
distributed to be imputed to the taxation period in which the
right to the same.
9-[...]:
a) Respect for financial instruments recognized for fair value
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through results, provided that, when it deals with instruments of the
equity capital, have a price formed in a market
regulated and the taxable person does not detain, direct or
indirectly, a share in the capital equal to or greater than 5% of the
respect social capital; or
b) [...].
10-[...].
11-[...].
12-[...].
Article 19.
[...]
1-A determination of the results of construction contracts is effected
second the criterion of the percentage of finishing.
2-[...].
3-When, in accordance with accounting normalization, the outcome of a
construction contract cannot be reliably estimated, considers itself
that the contract retold corresponds to the total contract spending.
4-[ ... ].
5-[...].
6-[...].
7-[ Previous Article No 3 ].
Article 20.
Income and gains
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1-Consideration of income and gains resulting from operations of
any nature, as a result of normal or occasional action,
basic or merely ancillary, namely:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) Gains by fair value increase in financial instruments;
g) Gains by fair value increase in consumable biological assets
other than multiannual silvid holdings;
h) [...];
i) [...];
j) [...].
2-[...].
3-[...].
4-It is still considered as income the positive difference between the
amount delivered to the partners as a result of the reduction of social capital and the
value of acquisition of the respects parts of capital.
Article 21.
[...]
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1-[...]:
a) The capital inflows, including the stock issue awards or
quotas, the covers of damage, to any title, made by the
holders of the capital, as well as other positive patrimonial variations
that are to arise from operations on stocks, quotas and other instruments
of equity capital of the issuing entity, including those that result from the
allocation of derivative financial instruments that should be
recognized as equity instruments;
b) [...];
c) [...];
d) [...];
e) The increase in the equity capital of the beneficiary society arising from
merger, spin-off, asset entry, or exchange-trading operations
social, with exclusion of the component that corresponds to the cancellation
of the parts of capital held by this in the merged companies or
cinded.
2-[...].
Article 22.
[...]
1-[...]:
a) [...];
b) When subsidies respect intangible assets without lifespan
defined, should be included in the taxable profit a part of the allowance
assigned, regardless of receipt, in the predicted proportion
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in Article 45;
c) When subsidies respect investment properties and the
non-consumable biological assets, measured by the fair model
value, must be included in the taxable profit a part of the allowance
assigned, regardless of receipt, in the predicted proportion
in Article 45;
d) Where subsidies do not respect the assets referred to in points
previous, should be included in the taxable profit, in equal fractions,
during the periods of taxation in which the elements to which
respect are inalienable, in the terms of the law or contract to the
shelter from which the same were granted, or, in the remaining
cases, for 10 years, being the first one of the receipt of the
subsidy.
2-[...].
Article 23.
Spending and losses
1-For the determination of taxable profit, are deductible all expenditure and
losses incurred or borne by the taxable person to obtain or
guarantee the income subject to IRC.
2-Considering themselves covered by the preceding paragraph, namely, the
following expenses and losses:
a) [ Previous Article (a) of paragraph 1 ];
b) [ Previous Article (b) of paragraph 1 ];
c) [ Previous Article (c) of paragraph 1 ];
d) Of an administrative nature, such as remunerations, including the
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assigned the title of participation in the profits, cost aids, material
of current consumption, transport and communications, renters,
litigation, insurance, including those of life, disease or health, and
operations of the "Life" branch, contributions to savings funds-
reform, contributions to pension funds and for any
supplementary schemes of social security, as well as spending on
benefits of cessation of employment and other post-employment benefits
or the long term of employees;
e) Those relating to analyses, rationalization, research, consultation and
development projects;
f) [ Previous Article (f) of paragraph 1 ];
g) [ Previous Article (g) of paragraph 1 ];
h) Losses by impairity;
i) Provisions;
j) Losses by fair value reductions in financial instruments;
k) Losses by fair value reductions in consumable biological assets
other than multiannual silvid holdings;
l) [ Previous Article (l) of paragraph 1 ];
m) [ Previous Article (m) of paragraph 1 ].
3-deductible expenses under the terms of the previous figures must be
proven documentally, regardless of nature or
support of the documents used for this purpose.
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4-In the case of expenses incurred or borne by the taxable person with the
acquisition of goods or services, the document proving to which it relates
the preceding paragraph shall contain at least the following elements:
a) Name or social denomination of the supplier of the goods or provider
of the services and of the purchaser or consignee;
b) Tax identification numbers of the supplier of the goods or provider
of the services and of the acquirer or consignee, whenever they are addressed
entities with a residence or permanent establishment in the territory
national;
c) The usual quantity and denomination of purchased goods or services
provided;
d) Value of the contraption, specifically the price;
e) Date on which the goods were acquired or in which the services were
realized.
5-[ Revoked ].
6-When the supplier of the goods or provider of the services is obliged
to the issuance of invoice or document legally equated in the terms of the
Code of VAT, the document proving the acquisitions of goods or
services provided for in paragraph 4 must compulsorily assume this form.
Article 24.
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[...]
Under the same conditions as for spending and losses, compete still for
the formation of taxable profit the negative equity changes do not
reflected in the net result of the taxation period, except:
a) [...];
b) [...];
c) The outputs, in cash or in kind, in favour of the holders of the
capital, in the title of remuneration or reduction of the same, or of
sharing of heritage, as well as other heritage variations
denials arising from operations on stocks, quotas and others
equity instruments of the issuing entity or its
reclassification;
d) [...];
e) [...];
f) The decrease in the equity capital of the beneficiary society stemming from
of merger, spin-off, or asset-entry operations, excluding the
component that corresponds to the cancellation of the shares of capital held
by this in the merged or fissile societies.
Article 26.
[...]
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1-For the purposes of the determination of taxable profit, earnings and expenditions
of the inventories are those that result from the application of the criteria of
measurement provided for in the accounting normalization in force that use:
a) [...];
b) [...];
c) [...];
d) [...];
e) [ Repealed ].
2-Can be included in the cost of acquisition or production the costs of
borrowings, as well as other spending that is directly to them
attributable according to accounting normalization specifically
applicable.
3-Where the use of standard costs leads to significant deviations,
the Tax and Customs Authority can make the appropriate corrections,
taking into account the field of application of the same, the amount of sales
and of the final inventories and the degree of rotation of the inventories.
4-[...].
5-[...].
6-A The use of measurement criteria other than those provided for in paragraph 1
depends on permission from the Tax and Customs Authority, to which it shall
be requested until the end of the taxation period, through
application in which to indicate the criteria to be adopted and the reasons that the
justify.
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Article 27.
Change of measurement criteria
1-The criteria adopted for the measurement of inventories should be
uniformly followed in the successive periods of taxation.
2-They can, however, check themselves for changes of the aforementioned criteria always
that the same are justified for reasons of an economic or technical nature
and are accepted by the Taxation and Customs Authority.
Article 28.
Impairing losses in inventories
1-Are deductible in the finding of taxable profit the impairable losses
in inventories, recognized in the same period of taxation or in
previous taxation periods, up to the limit of the difference between the cost of
acquisition or production of the inventories and the respect achievable value
net referred to the date of the balance sheet, when this is lower than that.
2-[...].
3-A reversal, partial or total, of the impairance losses provided for in paragraph 1
competes for the formation of taxable profit.
4-For taxable persons who exercise the editorial activity, the amount
accrued annual loss of impairance losses corresponds to loss of value
of the editorial funds consisting of complementary works and elements,
provided that they have elapsed two years after the date of the respective publication,
that for this purpose considers itself coincident with the date of the legal deposit
of each edition.
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5-[...].
Article 29.
[...]
1-Are accepted as spending the depreciations and amortizations of elements of the
active subject to deperation, considering itself as such:
a) The tangible fixed assets and intangible assets;
b) The biological assets that are not consumable and the properties of
investment accounted for the cost of acquisition.
2-For the purposes of the preceding paragraph shall be deemed to be subject to
deperate the assets that, with systematic character, suffer losses of
value resulting from its use or the course of time.
3-[ Previous Article No 2 ].
4-Except reasons duly justified and accepted by the Tax Authority and
Customs, the elements of the asset only consider themselves subject to
deperate after they enter into operation or use.
5-Are also depreciable, in the terms of the previous figures, the
components, major repairs and beneficiations and benfews
recognized as elements of the tangible fixed asset.
Article 30.
[...]
1-The calculation of the depreciations and amortizations of the assets referred to in the article
previous to do, as a rule, by the method of the straight line, listening to its
period of useful life.
2-[...].
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3-A adoption by the passive subject of depreciation and amortization methods
different from those referred to in the preceding paragraphs, of which the application is
of depreciation or amortization quotas higher than those provided for in the article
following depends on authorisation from the Tax and Customs Authority, the
which one should be requested until the end of the taxation period, through
application in which to indicate the methods to be adopted and the reasons that the
justify.
4-[ Revoked ].
5-[ Revoked ].
6-[ Revoked ].
7-[ Revoked ].
Article 31.
[...]
1-In the reta line method, the annual depreciation or amortization quota that
can be accepted as spending of the taxation period determines by applying
depreciation or amortization rates defined in the regulatory decree
which establishes the regime's respect to the following values:
a) [...];
b) [...];
c) Market value, at the date of the initial recognition, for the goods
object of evaluation to this effect, when not known the
cost of acquisition or production.
2-For the purposes of the determination of depreciable or amortized value, provided for
in the previous number:
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a) Shall not be considered the expenses for dismantling; and
b) Deduct the residual value.
3-Regarding the elements so that they do not find themselves fixed rates of
depreciation or amortization, are accepted as those by the Tax Authority and
Customs are considered reasonable, taking into account the period of life
expected useful from those elements.
4-[ Previous Article No 3 ].
5-[ Previous Article No 4 ].
6-The depreciation rates of goods acquired in a state of use, of
components, from major repairs and beneficiation or from benfews of
elements of the assets subject to deperation are calculated on the basis of the
respects period of useful life expected.
7-[ Previous Article No 6 ].
8-[ Previous Article No 7 ].
Article 32.
[...]
1-expenses with development projects can be considered
as a tax expense in the taxation period in which they are supported, yet
that the resulting elements come to be recognized as assets
intangibles in the financial statements of taxable persons.
2-[...].
3-[...].
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Article 33.
[...]
In cases where the unit cost of acquisition or production of elements of the
asset subject to deperation does not exceed € 1 000.00, it is accepted for your deduction
integral in the period of taxation in which it is recognized, except where such
elements form an integral part of a set that should be depreciated or
amortized as a whole.
Article 34.
Non-deductible depreciations and amortizations for tax purposes
1-[...]:
a) [...];
b) [...];
c) [...];
d) The depreciations and depreciation practiced beyond the period
maximum lifespan, ressaving the special cases properly
justified and accepted by the Trbuttal and Customs Authority;
e) The depreciations of the slight passenger or mixed car viatures,
including electric vehicles, in the part corresponding to the cost of
acquisition or reprized value surplus to the amount to be defined
by portaria of the member of the Government responsible for the area of
finances, as well as recreational boats and tourist planes, since
that such goods are not affections to the public transport service
nor is it intended to be leased in the exercise of normal activity of the
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taxable person.
2-[...].
Article 40.
[...]
1-[...].
2-When a level of irregular exploitation is provided for over time,
may deduct an annual amount other than that referred to in the number
previous, and in that case, the taxable person shall communicate to the Authority
Tax and Customs a constitution plan of the provision that has in
account for that level of exploitation, up to the end of the 1.
in which they are recognised spent on their constitution or reinforcement.
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
Article 41.
[...]
1-Incollectable credits can be directly considered spent or
loss of the taxation period in the following situations, as long as it does not
has been admitted loss by impairance or this one proves insufficient:
a) In the process of implementation, after the registration referred to in point (a) b) from the
n Article 717 (2) of the Code of Civil Procedure;
b) In the process of insolvency, when the same is decreed from
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limited character or after the homologation of the intended deliberation in the
Article 156 of the Code of Insolvency and Business Retrieval;
c) In special process of revitalization, after homologation of the plan of
recovery by the judge, provided for in Article 17-F of the Code of
Insolvency and the Recovery of Companies;
d) In the terms set out in the SIREVE, after conclusion of the agreement
provided for in Article 12 of the said regime;
e) In the framework of emerging disputes from the provision of public services
essential, after arbitral decision;
f) Under the legal regime for the provision of public services
essentials, credits find themselves prescribed and their value not
exceed the amount of € 750.00.
2-[ Revoked ].
Article 43.
[...]
1-[...].
2-They are also considered spending of the taxation period, up to the limit
of 15% of the expenditure on staff accounted for in the title of remunerations,
ordered or salaries relating to the period of taxation, the supported
with:
a) Personal accident insurance contracts, as well as with contracts
of life insurance, contributions to pension funds and
equiparable or for any supplementary safety schemes
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social, which guarantee, exclusively, the benefit of retirement,
pre-reform, supplement to retirement, disability or survival to
favour of the employees of the company;
b) Sickness or health insurance contracts for the benefit of the
workers, retirees or family respects.
3-[...].
4-Applies the provisions of paragraphs 2 and 3 as long as they check,
cumulatively, the following conditions, to the exception of points d ) and and ),
when you are treated for sickness or health insurance, personal accidents or
life insurance that exclusively guarantee the risks of death or
disability:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...].
5-[...].
6-The contributions to the coverage of responsibilities with the
benefits provided for in paragraph 2 of the staff in the asset on December 31 of the
year prior to that of the conclusion of the insurance contracts or the entries for
pension funds corresponding to the benefits by time of service
previous to that date, they are also accepted as spending on the terms and
conditions set out in paragraphs 2, 3 and 4, and may, in the case of those
CHAIR OF THE COUNCIL OF MINISTERS
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responsibilities outweigh the limits set in those two
first numbers, but not double the same, the amount of excess
be also accepted as spent, annually, by an importance
corresponding, at most, to a seventh of that excess, without prejudice to the
consideration of this in those limits, owing the current value of those
responsibilities to be certified by insurers, managing companies of
pension funds or other competent entities.
7-The supplementary contributions aimed at covering responsibilities
for charges with benefits provided for in paragraph 2, when effectuated in
consequence of alteration of the actuarial assumptions on which they were based
initial calculations of those responsibilities, reported at the date of the celebration
of the insurance contract or the constitution of the pension fund or the date on
that the responsibilities have been transferred, and as long as they duly
certified by the competent entities, can also be accepted as
spent on the following terms:
a) In the period of taxation in which they are effected, within a period of time
maximum of five, counted from the one in which the amendment occurred
of the actuarial assumptions or the transfer of responsibilities;
b) [...].
8-[...].
9-[...].
10-[...].
11-[...].
12-In the case of rescue for the benefit of the employer, the provisions of the
n. 10 may also not apply, if the existence of
excess funds sourced from cessation of employment contracts.
CHAIR OF THE COUNCIL OF MINISTERS
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13-[...].
14-A condition referred to in point b) of paragraph 4 may cease to check
provided that it is shown that the differentiation introduced has on the basis
objective criteria, specifically in the case of entities subject to
corporate restructuring processes, and this amendment should be
communicated to the Tax and Customs Authority until the end of the period
of taxation in which it occurs.
15-[...].
Article 46.
[...]
1-[...].
2-The most-valuable and the value-priced are given by the difference between the value of
realization, net of the charges that are inherent in it, and the value of
acquisition, deducted from the fiscally accepted depreciations and amortizations, of the
impairance losses and other value corrections provided for in the articles
28.-A, 31.-B and still of the values recognized as tax spend in the
terms of Article 45-A, without prejudice to the provisions of the final part of paragraph 3 of the
article 31.
3-[...]:
a) [...];
b) [...];
c) [...];
d) In cases of merger, spin-off, asset entry or exchange of parts
social, the market value of the elements transmitted in
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consequence of those operations;
e) [...];
f) [...].
4-[...].
5-Considerate onerous transmissions, specifically:
a) [...];
b) [...];
c) The transfer of heritage elements in the scope of operations of
merger, spin-off or entry of assets, carried out by the merged companies,
fissile or contributor;
d) The extinction or delivery by the associates of the representative parties of the
social capital of the merged companies, cinded or acquired in the
scope of merger, spin-off, or exchange operations of social parts;
e) The cancellation of the parts of capital held by the beneficiary society
in the merged or fissile societies as a result of operations
of merger or division;
f) The remitment and amortization of social shareholdings with reduction of
capital;
g) The cancellation of the capital shares by reduction of social capital
intended for the coverage of damage from a society when the
respect partner, as a result of the cancellation, let it hold
any participation.
6-[...].
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7-In the case of onerous transmissions in the scope of fission operations
consider themselves more-valuable or less-valuable from social parts the difference
positive or negative, respectively, between the market value of the parts of
capital of the beneficiary society assigned to the partners of the fissile society,
or of the outstanding heritage elements, and the share of the acquisition value
of the parts of capital held by the partners of the fissile company
corresponding to the highlighted heritage elements, determined in the
terms of paragraphs 3, 5 or 6 of Article 76, depending on the cases.
8-For the purposes of this Code, in the value of acquisition of the capital shares
should be considered, depending on the cases, whether positive or negatively:
a) The deliveries of the partners for coverage of damages, which are
imputed proportionally to each of the parts of capital
held; and
b) The amount handed over to the partners by reduction of social capital up to
amount of the acquisition value, which is imputed
proportionally to each of the shares of capital held.
9-In the event of a change of the regime of determination of the coletable matter
during the period in which the assets are depreciable or amortized,
should consider themselves in the calculation of the most-valuable or under-valued,
in respect of the period in which the simplified regime of
determination of the coletable matter, the minimum depreciation quotas or
amortization.
10-On the equivalence of the values of achievement or acquisition of operations
made in currency without legal tender in Portugal, applies the rate of
exchange of the date of the realization or acquisition or, not existing, the one of the last
previous quotation.
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11-In the onerous transmission of parts of capital of the same nature and that
they confirm identical rights, the capital shares are deemed to be
transmitted are the ones acquired longer.
12-The taxable person may opt for the application of the weighted average cost in the
determination of the cost of acquisition of capital parts of the same
nature and which confirm identical rights, in which case:
a) The monetary correction provided for in the following article shall not apply;
b) The option should be applied to all the capital parties that belong to the
same portfolio and be held for a minimum period of three years.
Article 48.
[...]
1-For the purposes of the determination of taxable profit, the positive difference between
the most-valuable and the under-priced, calculated in the terms of the articles
previous ones, carried out upon the onerous transmission of fixed assets
tangible, intangible assets and biological assets that are not consumable,
held for a period of not less than one year, albeit any of these
assets have been reclassified as non-current asset held for sale,
or as a result of claims for claims occurring in these
elements, is considered in half of its value, when:
a) The value of achievement corresponding to the totality of the said
assets be reinvested in the acquisition, production or construction of
tangible fixed assets, of intangible assets or, of biological assets
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that are not consumable, in the period of taxation prior to that of the
achievement, in the taxation period itself or until the end of the 2.
next taxation period;
b) The goods in which the value of realization is reinvested:
1) Are not goods purchased in a state of use the taxable person of
IRS or IRC with which there are special relations in the terms
defined in Article 63 (4);
2) Be held for a period not less than one year counted from the
final of the period of taxation in which the realization occurs.
2-[...].
3-[...].
4-[ Revoked ].
5-For the purposes of the provisions of paragraphs 1 and 2, taxable persons shall
mention the intention to effect the reinvestment in the statement to which
refers to point c) of Article 117 (1) of the taxation period in which the
realization takes place, proving in the same and the statements of the two
following periods of taxation the reinvestments effected.
6-Not being realized, in whole or in part, the reinvestment to the end
of the 2. the period of taxation following that of the realization, shall be deemed to
income from that period of taxation, respectively, the difference or the
proportional part of the difference provided for in paragraph 1 not included in the profit
taxable, majored in 15%.
7-[ Revoked ].
8-The provisions of paragraphs 1 and 2 shall not apply to the acquired intangible assets
or divested to entities with which there are special relationships in the terms
CHAIR OF THE COUNCIL OF MINISTERS
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of Article 63 (4)
9-The provisions of paragraphs 1 and 2 shall not apply to the most and less-valued
by the merged, fissile or contributor societies within the framework of
merger, spin-off, or asset-entry operations, as well as the more and less-
valuables realized in the permanent affectation of goods to purposes allheios to the activity
exercised by the taxable person or carried out by the companies in liquidation.
Article 51.
Elimination of economic double taxation of profits and distributed reserves
1-The profits and reserves distributed to IRC taxable persons with registered office or
effective direction in Portuguese territory do not compete for determination
of taxable profit, provided that they cumulatively check the following
requirements:
a) The taxable person detains directly or directly and indirectly, on the terms
of Article 69 (6), a stake not less than 5% of the capital
social or voting rights of the entity that distributes the profits or
reservations;
b) The participation referred to in the preceding paragraph has been held, of
uninterrupted mode, during the 12 months prior to the distribution or,
if detained less time ago, be held for as long as necessary
to complete that period;
c) The taxable person is not covered by the transparency scheme
tax provided for in Article 6;
d) The entity that distributes the profits or reserves is subject to and not
exempt from IRC, from the tax referred to in Article 7, of a tax
Referred to in Article 2 of Directive No 2011 /96/UE of the Council, of
November 30, 2011, or of an identical tax of nature or
CHAIR OF THE COUNCIL OF MINISTERS
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similar to the IRC and the legal rate applicable to the entity is not less than
60% of the rate of the IRC provided for in Article 87 (1);
e) The entity that distributes the profits or reserves does not have a residence or
domicile in country, territory or region subject to a tax regime
clearly more favorable list constant approved by portaria of the
member of the Government responsible for the area of finance.
2-The requirement set out in paragraph d) of the previous number is waived when
if you check the cumulative fulfillment of the conditions laid down in paragraph 6 of the
article 66 para.
3-The provisions of this Article shall also apply to the collageable matter
imputed, under Article 6, to the taxable person with head office or direction
effective in Portuguese territory that fulfils the requirement set out in the c)
of paragraph 1, in the part corresponding to profits and reserves distributed to a
society its participation that is subject to the regime of tax transparency,
provided that the latter's participation in the entity that distributes the profits or
reserves comply with the requirements set out in the preceding paragraphs.
4-The provisions of paragraphs 1 and 2 shall still apply to the value assigned in the association
in participation to the associate who is taxable person of IRC, with registered office or
effective direction in Portuguese territory, regardless of the value of your
contribution, with respect to the yields that have been effectively
taxed, distributed by resident associates in the same territory.
5-The provisions of paragraphs 1 and 2 shall still apply to the reimbursement of the members
as a result of the amortization of social shareholdings without reduction of
capital.
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6-The provisions of paragraphs 1 and 2 shall apply, irrespective of the percentage
of participation and the time frame in which this has remained in its
entitlements, the income from social participations in which they have been
applied the technical reserves of insurance companies and mutual funds of
insurance and, well thus, to the incomes of the following companies:
a) Regional development societies;
b) Investment companies;
c) Brokerage financial companies.
7-Notwithstanding the provisions of paragraphs 1 and 2, the scheme laid down therein shall apply,
in the terms described in the preceding paragraph, to the general agencies of
foreign insurers, as well as to the stable establishments of
societies residing in another member state of the European Union and of the
european economic area that are equiparable to those referred to in the number
previous.
8-[...].
9-In cases where the requirements set out in the preceding paragraphs are not
find filled, the profits and reserves distributed to the subject
liability can still benefit from double tax credit
international taxation, pursuant to the provisions of Articles 91 and 91 .I-A.
10-Notwithstanding the provisions of paragraph 2, paragraphs 1 and 6 shall only apply to the
profits and distributed reserves, which:
a) Do not correspond to deductible spending by the entity that distributes them
CHAIR OF THE COUNCIL OF MINISTERS
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for the purposes of the tax mentioned in the letter d ) of paragraph 1; and
b) Are distributed by subject entities and not exempt from tax
on income or, where applicable, provenham of income
subject to and not exempt from income tax in the entities
subaffiliated, save when the entity that distributes the profits or
reservations is a resident in a member state of the European Union or of
a member state of the European Economic Area that is
linked administrative cooperation in the field of taxation
equivalent to that established within the framework of the European Union.
11-[ Revoked ].
12-[ Revoked ].
Article 52.
[...]
1-Without prejudice to the provisions of the following number, the tax losses ascertained
in a given period of taxation, pursuant to the provisions
previous, are deducted from taxable profits, havening them, from one or more
of the 12 periods of later taxation.
2-A deduction to be made in each of the taxation periods cannot
exceed the amount corresponding to 70% of the respective taxable profit,
not getting, however, hindered the deduction on the part of such damage which
have not been deducted, under the same conditions and up to the end of the
respects period of deduction.
3-[...].
4-When corrections are made to the tax losses declared by the subject
liability, must change, in compliance, the deductions effected, not if
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by proceeding, however, to any cancellation or liquidation of IRC, yet
additional, if they have elapsed more than four years in respect of the
that taxable profit respects.
5-[...].
6-[...].
7-[...].
8-The one provided for in paragraph 1 shall cease to apply when it is checked, at the date of
term of the period of taxation in which the deduction is effected, which, in
relation to the one to which they respect the damage, if it found the amendment of the
entitlements of more than 50% of the social capital or the majority of the rights of
vote.
9-For the purposes of the preceding paragraph, the changes are not considered:
a) Of which result in the passage of the title of the social capital or the
voting rights from direct to indirect, or from indirect to direct;
b) Arising from operations being carried out under the special scheme
provided for in Articles 73 and following;
c) Arising from successions by death;
d) When the acquirer detains uninterruptedly, direct or
indirectly, more than 20% of the social capital or most of the
rights to vote of the society since the beginning of the taxation period
to which they respect the damage; or
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e) When the acquirer is a worker or member of the social organs
of the society, at least since the beginning of the taxation period a
that respect the damage.
10-The provisions of the d) and e) of the previous number does not waiver the
authorisation referred to in paragraph 12 with respect to the part of the damage
tax purposes relating to the period of taxation in which the purchaser has
past to detain, directly or indirectly, more than 20% of the social capital or
of the majority of voting rights or have started functions in the society,
respect, as well as to the periods prior to that.
11-[...].
12-The member of the Government responsible for the area of finance may authorize,
in cases of recognized economic interest and upon application to
present to the Tax and Customs Authority, which is not applied to
limitation provided for in paragraph 8.
13-The elements that must instruct the application for the request of
authorization provided for in the preceding paragraph, to be submitted by the company in the
period of 30 days from the date of the occurrence of the change referred to in the
n. 8, they are defined by the porterie of the member of the Government responsible for the
area of finance.
14-Whenever they are in cause tax damages for the period
immediately prior to the occurrence of some of the changes
provided for in paragraph 8 and this occurs before the expiry of the term of delivery of the
respects statement of income, the requirement referred to in paragraph 12
may be submitted within 30 days of the expiry of the term of
delivery of that statement.
15-For the purposes of paragraph 1, the tax damage should be deducted by 1.
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ascertained longer.
Article 53.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-To the overall income ascertained in the terms of the previous figures are
deductible, up to the respect of competition, the spending demonstrably
related to the realization of the purposes of social, cultural,
environmental, sport or educational pursued by such persons
collectives or entities, as long as there is no direct interest or
indirect of the members of statutory bodies, by themselves or by
interposed person, in the results of the exploitation of economic activities
by them pursued.
Article 54.
[...]
1-[...].
2-For the purposes of the provisions of the b ) from the previous number, the share of the spending
common to impute is determined by means of proportional allocation
of those to the total of the subject and non-exempt gross income and the
non-subject or exempt income, or in accordance with another criterion
CHAIR OF THE COUNCIL OF MINISTERS
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deemed most appropriate accepted by the Tax and Customs Authority.
3-[...].
4-[...].
Article 55.
[...]
1-[...].
2-Can be deducted as expenditured for the determination of taxable profit
the general administration charges which, in the terms or conditions
substantially identical to those that would normally be hired, accepted
and practiced among independent entities in operations, owing these
criteria to be uniformly followed in the various periods of taxation.
3-[...].
Article 63.
[...]
1-[...].
2-[...].
3-[...].
4-[...]:
a) An entity and the holders of the capital's capital, or the spouses,
ascenders or descendants of these, who detain, direct or
indirectly, a stake not less than 20% of the capital or of the
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voting rights;
b) Entities in which the same holders of the capital, respect spouses,
ascenders or descendants detain, directly or indirectly, a
participation not less than 20% of the capital or voting rights;
c) [...];
d) [...];
e) [...];
f) Companies that find themselves in a domain relationship, under the terms of the
Article 486 of the Code of Commercial Societies;
g) Entities whose legal relationship makes it possible, by their terms
and conditions, which one condicions the management decisions of the other, in
function of facts or circumstances alheds to the commercial relationship itself
or professional;
h) [...].
5-[...].
6-[...].
7-[...].
8-[...].
9-The rules provided for in this Article shall also apply in the relations
between:
a) A non-resident entity and a stable establishment situated
in Portuguese territory, or between this and other establishments
stable situated outside this territory;
b) A resident entity and its stable establishments situated
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out of the Portuguese territory or between these.
10-[...].
11-[...].
12-[...].
13-[...].
Article 66.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-For the purposes of the provisions of paragraph 1, an entity is deemed to be
submitted to a clearly more favourable tax regime when the territory
of the residence of the same on the list approved by the member's would
of the Government responsible for the area of finance, when the said entity
there you are exempt or not subject to an identical income tax or
analogous to the IRC or, still, when the tax rate that is applicable to it is
less than 60% of the IRC rate provided for in Article 87 (1).
6-[...]:
a) The respective profits or income from provenham in at least
75% of the exercise of:
1) An agricultural or industrial activity in the territory where they are
established; or
2) A commercial activity, or of provision of services, that no
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is directed predominantly to the Portuguese market;
b) [...]:
1) [...];
2) [...];
3) Operations relating to representative social parts of less than
5% of the social capital or voting rights, or any
stakes held in entities with a residence or domicile
in country, territory or region subject to a tax regime
clearly more favorable, list constant approved by
would pore the member of the Government responsible for the area of
finance, or other securities, the rights of
intellectual or industrial property, to the provision of
information relating to an experience gained in the sector
industrial, commercial or scientific or the provision of assistance
technique;
4) [...].
7-[...].
8-[...].
9-[...].
10-[...].
11-[...].
CHAIR OF THE COUNCIL OF MINISTERS
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12-[...].
Article 67.
[...]
1-Net financing spending competes for the determination of the
taxable profit up to the largest of the following limits:
a) € 1000 to 000.00; or
b) 30% of the result before depreciations, amortizations, spending of
net financing and taxes.
2-The non-deductible net financing expenditions in the terms of the number
previous may still be considered in the determination of taxable profit
of one or more of the five periods of later taxation, after spending
of net financing of that same period, observing them
limitations provided for in the preceding paragraph.
3-Whenever the amount of financing expenses deducted is lower
at 30% percent of the result before depreciations, amortizations, spending of
net financing and taxes, the unused part of this limit plus
to the maximum deductible amount, under the terms of the ( b) from paragraph 1, to the
fifth period of later taxation.
4-For the purpose of the provisions of paragraphs 2 and 3, the spending is considered to be 1.
of non-deductible net financing and the unused part of the limit
referred to in the previous number that have been ascertained longer.
5-In cases where there is a group of companies subject to the special scheme
provided for in Article 69, the dominant society may opt, for the purposes of
determination of the taxable profit of the group, by the application of the provisions of the
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present article to the group's net financing spending in the following
terms:
a) The limits for the respect deductibility to the group's taxable profit
are calculated on the basis of the result before depreciations,
amortizations, net financing spending and taxes
consolidated relative to the totality of the societies that comprise it;
b) The net financing spending of companies of the relative group
to the periods of taxation prior to the application of the scheme and still
not deducted only may be considered, pursuant to paragraph 2,
up to the limit provided for in paragraph 1 corresponding to the society to which
respect, calculated individually;
c) The part of the unused limit, as referred to in paragraph 3, by societies
of the group in periods of taxation prior to the application of the scheme
can only be increased in the terms of that number to the amount
maximum deductible from the net financing spending of the society
to which they respect, calculated individually;
d) The net financing spending of group companies, well
as the part of the unused limit referred to in paragraph 3, relating
to the periods of taxation in which the scheme is applicable, they can only
be used by the group, regardless of the output of one or
more societies in the group.
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6-A The option of the dominant society provided for in the preceding paragraph shall be
held for a minimum period of three years, from the date on which it is
initiates its application.
7-A The option mentioned in paragraph 5 shall be communicated to the Authority
Tributary and Customs through the sending, by electronic transmission of
data, from the statement provided for in Article 118, to the end of the 3 th month of the
period of taxation in which you intend to start the application.
8-The one provided for in paragraphs 2 and 3 cees to be applicable when checking, at the date
of the term of the taxation period in which the deduction is effected or
increased the limit, which, in relation to the one to which they respect the spending of
net financing or the part of the unused limit, if verified
alteration of the entitlement of more than 50% of the social capital or majority
of the voting rights of the taxable person, save in the case where the
provisions of Article 52 (9) or obtained permission of the member of the
Government responsible for the area of finance in case of recognized
economic interest, upon application to be submitted in the Authority
Tax and Customs, within the time limit set out in Article 52 (14).
9-[ Previous Article No 5 ].
10-[ Previous Article No 6 ].
11-The provisions of this Article shall not apply to the entities subject to the
supervision of the Bank of Portugal and the Insurance Institute of Portugal, at
branches in Portugal of credit institutions and other institutions
financial or insurance companies, and the securitisation companies of
credits constituted under the terms of the Decree-Law No. 453/99, 5 of
november.
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48
12-[ Previous Article No 8 ].
13-For the purposes of this article, the result before depreciations,
amortizations, net financing spending and taxes is the ascertained in
accounting, corrected from:
a) Gains and losses resulting from fair value changes that do not
compete for the determination of taxable profit;
b) Impairments and reversals of non-depreciable investments or
amortizable;
c) Gains and losses resulting from the application of the method of equivalence
patrimonial or, in the case of joint ventures that are
taxable persons of IRC, of the proportional consolidation method;
d) Income or expense relating to parts of capital to which it is
applicable the scheme provided for in Articles 51 and 51-C;
e) Income or expense attributable to stable establishment situated
on the outside of the Portuguese territory in respect of which the
option provided for in Article 54 (1) of the Article 54.
Article 68.
[...]
1-In the determination of the coletable matter subject to tax, when there is
income earned abroad that give way to tax credit
by double international legal taxation, pursuant to Article 91, those
income should be considered, for the purposes of taxation, by the
respect for illiquid importations of income taxes paid in the
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foreign.
2-[...].
3-When the option provided for in Article 91 is exercised, they shall be
add to the colleable subject matter of the taxable person the taxes on profits
paid by the entities by this held directly or indirectly, in the states
in which they are residents, corresponding to the profits and reserves that
have been distributed.
Article 69.
[...]
1-[...].
2-Is there a group of societies when a society, dictates dominant,
holds, directly or indirectly, at least, 75% from the capital of another or
other so-called dominated societies, as long as such participation confesses to
more than 50% percent of voting rights.
3-[...].
4-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [ Repealed ];
g) [...].
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5-For the determination of the level of participation required of at least 75%,
consider whether holdings held directly or indirectly through
from:
a) Societies residing in Portuguese territory that meet the
legally required requirements to be part of the group;
b) Companies resident in another member state of the European Union or
of the European Economic Area, in this case as long as it exists
obligation for administrative cooperation in the field of taxation
equivalent to that established within the framework of the European Union, which are
held, directly or indirectly, in at least 75% by the society
dominant through companies referred to in the previous point or in the
first part of this point.
6-When participation or voting rights are held in an indirect way,
the effective percentage of the participation or voting rights is obtained by the
process of the successive multiplication of the percentages of participation and the
voting rights at each of the levels and, where there are stakes or rights
of voting in a society held in a direct and indirect manner, the percentage
effective participation or voting rights results from the sum of the percentages
of the shareholdings or voting rights.
7-[ Previous Article No 5 ].
8-A The option mentioned in paragraph 1, the changes in the composition of the group and the
waiver or termination of application in this regime shall be
communicated to the Tax and Customs Authority by the dominant society
through the sending, by electronic transmission of data, of the competent
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statement provided for in Article 118, on the following deadlines:
a ) In the case of option by application in the present regime, until the end of 3.
month of the taxation period in which the application is intended to start;
b ) In the case of changes in the composition of the group:
1) By the end of the 3. month of the taxation period in which it should
be effected the inclusion of new societies that meet the
legally required requirements;
2) By the end of the 3. month of the following taxation period
to the one where the output of group companies occurs by
divestance of participation or by default of the remaining
conditions, or other changes in the composition of the group
motivated particularly by mergers or cisions, except if the
change to occur by cessation of the society activity of the
group, in which case the communication is to be done by the end
of the deadline for the delivery of the corresponding declaration
of cessation;
c) In the case of resignation, until the end of the 3. month of the taxation period
where it is intended to waive the application of the scheme;
d) In the case of cessation, until the end of the 3. month of the taxation period
next to the one in which they cease to check the conditions of
application of the scheme to which the points are referred a ) and b ) of paragraph 9;
e) [ Repealed ].
9-The special taxation regime of groups of companies cesses its
application in the following cases:
a) Leave to check yourself any of the requirements referred to in paragraph 3
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relative to the dominant society, without prejudice to the provisions of the n.
11;
b) If you check any of the situations referred to in points a) , b) , d) or g)
of paragraph 4 with respect to the dominant society;
c) The taxable profit of any of the group's companies is
determined with recourse to the application of indirect methods.
10-The effects of the resignation or termination in the present regime shall report:
a) At the end of the taxation period prior to the one in which it was
communicated the renunciation of application in this regime in the terms and
deadline provided for in paragraph 8;
b) At the end of the taxation period prior to that of the verification of
any of the facts provided for in paragraph 9.
11-In cases where the dominant society is to be considered
dominated from another resident society in Portuguese territory that
assemble the requirements, with the exception of the one provided for in the b) of paragraph 3, to be
qualified as a dominant, the latter may opt for the continuity of
application of the special taxation regime of groups of companies
through communication to the Tax and Customs Authority, effectuated in the
30 days following the date on which you check that fact, passing that
group to include the new dominant society.
12-[ Previous Article No 10 ].
13-[ Previous Article No 11 ].
Article 70.
[...]
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53
1-Regarding each of the periods of taxation covered by the
application of the special scheme, the taxable profit of the group is calculated by the
dominant society, through the algebraic sum of taxable profits and the
tax damages ascertained in the individual periodic statements of each
one of the companies belonging to the group, corrected, being the case of that, of the
effect of the application of the option provided for in Article 67 (5).
2-[...].
Article 71.
[...]
1-[...].
2-When, during the implementation of the scheme, there will be place for merger operations
between group societies or a society incorporates one or more
companies not belonging to the group, the losses of the merged societies
verified in periods of taxation prior to that of the beginning of the scheme
can be deducted to the taxable profit of the group up to the profit limit
taxable of the new society or the embodding society, provided that the
such operations shall be applied for the special scheme set out in Article 74 and
in the terms and conditions laid down in Article 75.
3-In the case where the new dominant society opts for continuity of
application of the special taxation regime of groups under paragraph 11
of Article 69, the tax damages of the group verified during the periods
of previous taxation in which the scheme has applied may be deductible
to the taxable profit of the group, provided that permission is obtained in the terms
of Article 52 (12)
4-In the case where the dominant society of a group of societies (new
dominant society) acquires the dominance of a dominant society of
CHAIR OF THE COUNCIL OF MINISTERS
54
another group of societies (previous dominant society) and the new
dominant society opts for the continuity of the application of the special scheme
of taxation of groups pursuant to Article 69 (11), the quotas-
parts of the group's tax losses attributable to the companies of the group of the
new dominant society and to integrate the group of the previous society
dominant, are deductible under the terms of the ( a) of paragraph 1.
5-In the case where the dominant society of a group of societies (new
dominant society) acquires the dominance of a dominant society of
another group of societies (previous dominant society) and the new
dominant society opts for the inclusion of the societies belonging to the
group of the previous dominant society pursuant to sub-paragraph 1) of the (
b) of Article 69 (8), the share of the fictional damage of the group of the
previous dominant society attributable to the societies that integrate the
group of the new dominant society, are deductible under the terms of the a)
of paragraph 1.
6-[ Previous Article No 3 ].
Article 73.
[...]
1-[...]:
a) [...];
b) [...];
c) The global transfer of the heritage of a society (society
fused) for the society holder of the totality of the parties
representative of its social capital (beneficiary society);
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d) The global transfer of the heritage of a society (society
fused together) for another already existing society (beneficiary society),
when the totality of the representative parts of the social capital of
both are held by the same partner;
e) The global transfer of the heritage of a society (society
fused) for another society (beneficiary society), when the
totality of the representative parts of the social capital of this is held
by the fused society.
2-[...]:
a) [...];
b) [...];
c) A society (fissile society) highlights one or more branches of its
activity, maintaining at least one of the branches of activity, for the
meld with the society (beneficiary society) holder of the
all the representative parts of its social capital;
d) A society (fissile society) highlights one or more branches of its
activity, maintaining at least one of the branches of activity, for the
merge with another already existing society (beneficiary society),
when the totality of the representative parts of the social capital of
both are held by the same partner;
e) A society (fissile society) highlights one or more branches of its
activity, maintaining at least one of the branches of activity, for the
merge with another already existing society (beneficiary society),
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56
when the totality of the representative parts of the social capital of this
is held by the fissile society.
3-[...].
4-For the purposes of the preceding paragraph and of the a) , c) , d) and e) of paragraph 2,
considers itself a branch of activity the set of elements that constitute,
from the organizational point of view, an autonomous economic unit, or
be, a set capable of functioning by its own means, which
can understand the debts incurred for your organisation or
health.
5-[...].
6-[...].
7-[...].
8-[...].
9-[...].
10-The special scheme set out in this subsection does not apply, total
or partially, when it is concluded that the operations covered by the
even had as a main goal or as a major
objectives to tax evasion, which may be considered, if verified,
notably, in cases where the intervening companies do not
have the totality of their income subject to the same scheme of
taxation at IRC or when operations have not been carried out
for valid economic reasons, such as the restructuring or the
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rationalization of the activities of the societies that they participate in,
by proceeding then, where appropriate, to the corresponding liquidations
additional tax.
Article 74.
[...]
1-[...].
2-Where, by reason of merger, spinoff or asset entry, in the conditions
referred to in the preceding paragraphs, be transferred to a society
resident of another member state a stable establishment situated outside
of the Portuguese territory of a society here resident, does not apply in
relation to that stable establishment the special scheme provided for in the present
article, but the resident society can deduct the tax that, in the absence of the
provisions of Directive No 2009 /133/CE, of the Council, of October 19
of 2009, would be applicable in the State in which such establishment is situated
stable, being that deduction made in the same way and by the same amount
to which there would be place if that tax had been effectively liquidated and
paid.
3-[...].
4-[...].
5-[...].
6-[...].
7-When the fused society holds a stake in the capital of
beneficiary society, do not compete for the formation of the taxable profit a
more-worth or less-was worth eventually resulting from the annulment of the parties
CHAIR OF THE COUNCIL OF MINISTERS
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of capital held in this society as a result of the merger or the
allocation to the partners of the merged society of the social parts of the society
beneficiary.
8-[ Revoked ].
Article 75.
[...]
1-The tax losses of the merged companies can be deducted from the
taxable profits of the new society or the incorporated company, in the
terms and conditions set out in Article 52 and by the end of the period
referred to in paragraph 1 of the same article, counted from the period of taxation to which
the same ones report.
2-[ Revoked ].
3-The provisions of paragraph 1 may also apply, with the necessary
adaptations, the following operations:
a) On the fission in which the extinction of the fissile society is found, being
the tax damages passed on to the beneficiary companies in the
proportion of the market value of the outstanding heritage sites for each
one of these societies;
b) On the merger, spinning or entry of assets, in which it is transferred to a
society resident in Portuguese territory an establishment
stable in it situated from a resident company in a member state
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of the European Union, which fulfils the conditions set out in the article
3 of the Council Directive No 2009 /133/CE of the Council of October 19 of
2009, verifying, as a result of that operation, the extinction of the
stable establishment;
c) On the transfer of stable establishments located in territory
portuguese of resident societies in member states of the Union
European that are in the conditions of Directive No 2009 /133/CE, of the
Council, of October 19, 2009, in favor of societies as well
residents in other member states and in identical conditions, in the
scope of merger, spin-off, or asset entry, provided that the
transferred heritage elements remain affective to
stable establishment here situated and compete for determination
of the taxable profit that is attributable to it;
d) On the transfer of stable establishments located in territory
portuguese from resident societies in other member states of the
European Union that are in the conditions of the Directive
n. 2009 /133/CE of the Council of July 23, 2009 for a
society resident in Portuguese territory, in the scope of operation
of melting, spinning and entering assets, verifying, as a result
of that operation, the extinction of the stable establishment.
4-A deduction of the tax damages transmitted pursuant to paragraph 1 and of the
points b) and d) of the previous number has as a limit, in each period of
taxation, the value corresponding to the proportion between the value of the heritage
net of the fused society, or of the stable establishments of the society
fused or the contributing society, and the value of the net worth of
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all the stable societies or establishments involved in the operation of
merger or asset input, determined on the basis of the last balance sheet
previous to the operation.
5-Regarding the operations referred to in points a ) and c ) of the Article 1 (1)
74., the deduction of the damage is effected in the taxable profit of the
stable establishment situated in Portuguese territory and respects only
to the damage that is attributable to it.
6-Where, during the period of application of the special scheme of
taxation of groups of companies provided for in Article 69 or
immediately after its term, and as a result of a merger operation
involving the totality of the societies covered by that scheme, a
of the companies belonging to the group incorporate the remaining or there is place at the
constitution of a new society, may the member of the Government
responsible for the area of finance, the application of the dominant society
presented within 90 days after the application for the merger registration in the
conservatory of the commercial register, authorize that the tax damages of the
group still by deducing can be deducted from the taxable profit of the
embedding society or the new society resulting from the merger.
Article 76.
[...]
1-In cases where the special scheme established in Article 74 is applied.
to the merger operations provided for in points a) and b) of Article 73 (1),
as well as the merger transactions in which, pursuant to the points d) and e) from the
even number, are allocated parts of capital to the partners of the societies
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fused, are not considered for the purpose of taxation the gains or
losses eventually ascertained, provided that the capital shares received
by the partners of the merged companies are valued, for tax purposes,
by the value that had the parts of capital delivered or extinguished,
determined in accordance with the one set out in this Code.
2-[...].
3-The precept in the preceding paragraphs shall apply to the partners of companies
object of the schisms, to which the special arrangements laid down in the article apply
74., provided for in points a) and b) of Article 73 (2), and still in the paragraphs c) ,
d) and e) of the same number when they are allocated parts of capital to the
partners of the fissile companies, owing, in these cases, the value for purposes
tax of the stake held to be rebroken by the capital shares received and
for those that continue to be held in the fissile society on the basis of
proportion between the market value of the outstanding heritage sites for each
one of the beneficiary societies and the market value of the heritage of the
fissile society.
4-Where the special scheme set out in Article 74 applies to the
operations mentioned in the letter d) of Article 73 (1), when not
are allocated parts of capital to the partner of the merged society, the value
for tax purposes of the participation that this detains in the merged society
add to the value for tax purposes of the participation that the partner detains in the
beneficiary society.
5-Where the special scheme set out in Article 74 applies to the
operations mentioned in the points c) and d) of Article 73 (2) when not
are allocated parts of capital to the partner of the cinded company, the value for
tax effects of the participation that hold on the fissile society is reduced
in the proportion of the market value of the outstanding heritage, plus
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still, in the case of point d) of Art. 73 (2), the amount of that
reduction to the value for tax purposes of the participation holding in the
beneficiary society.
6-Where the special scheme set out in Article 74 applies to the
operations mentioned in the letter e) of Article 73 (2), when not
are allocated parts of capital to the fissile society, the value for effects
tax of the participation that this detains in the beneficiary society is increased
of the value for tax purposes of the outstanding patrimoies.
7-The provisions of the preceding paragraphs shall also apply to the partners of
societies that are the subject of the remaining merger or spin-off operations
covered by Directive No 2009 /133/CE of the Council of October 19
of 2009.
Article 78.
[...]
1-A option by the application of the special scheme established in the present
Subsection should be communicated to the Tax Authority Customs on the
annual statement of accounting and tax information, to which the
article 121, relating to the period of taxation in which the transaction is carried out:
a) By the beneficiary society or companies, in the case of merger or division,
except when these societies and, well thus, society or
conveyor societies, are not residents in territory
portuguese nor have a permanent establishment there situated,
cases in which the communication obligation is to be complied with by the
resident partners;
b) By the beneficiary society, in the case of entry of assets, except
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when you are not resident in Portuguese territory nor do you have any
stable establishment there, in which case the obligation shall be
fulfilled by the contributor society;
c ) By the acquired company when it is resident in territory
portuguese and by the respected associate members, in the operations of
permute of social parts.
2-For the purposes of the provisions of Article 74 (1), the merged company, fissile
or contributor must integrate into the process of tax documentation to which if
refers to Article 130 the following elements:
a ) Declaration by the beneficiary society that it obeys the provisions of the
n Article 74 (3);
b ) Supporting statements, confirmed and authenticated by the
tax authorities of the other member state of the European Union of
that are residents of the other companies intervening in the operation, of
that these are in the conditions laid down in Article 3 of the
Directive No 2009 /133/CE of the Council of October 19, 2009,
whenever in operations do not only participate in societies
residents in Portuguese territory.
3-In the case referred to in Article 74 (2), in addition to the statements mentioned
in the paragraph b ) from the previous number, must the resident society integrate in the
process of tax documentation referred to in Article 130 document
past by the tax authorities of the member state of the European Union
where the stable establishment is located in which to declare the tax that there
would be due in the absence of the provisions of Directive No 2009 /133/CE, of the
Council, of October 19, 2009.
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4-A beneficiary society must integrate, in the process of tax documentation
provided for in Article 130:
a) The financial statements of the merged company, cinded or
contributor, prior to the operation;
b) The relationship of the vested heritage elements that have been
incorporated in accounting for values other than those accepted for
tax effects in the fused, fissile, or contributor society,
evidencing both values, as well as the depreciations and
amortizations, provisions, impairance losses and other corrections of
registered value prior to the realization of the operations, by doing still the
respect follow as long as they are not disposed of,
transferred or extinguished, and still the tax benefits or expenditures of
net financing the transmission of which occurs in the terms of the article
75 .º-A.
5-For the purposes of Art. 76, the partners of the merged or fissile societies
must integrate into the tax documentation process referred to in the article
130. a declaration containing the date and identification of the transaction
carried out, the identification of the intervening entities, the number and value
nominal of the social parts delivered and received, the tax value of the parties
social delivered and respects acquisition dates, the amount in cash
eventually received, the percentage level of the holding held before and
after the merger or fission operation and, still, the corrections to which the
n Article 76 (4)
6-For the purposes of the provisions of Article 77, the partners of the acquired company
must integrate into the tax documentation process referred to in the article
130. the following elements:
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a) Declaration containing the description of the exchange operation of
social parts, date on which it was held, identification of the societies
actors, number and nominal value of the social parts delivered and
of the social parties received, tax value of the social parties delivered and
respects acquisition dates, amount in cash eventually
received, result that would be integrated into the taxable base if it were not
applied for the scheme provided for in Article 77 and demonstration of its
computation;
b) Declaration by the acquiring company of which it has already held, or stood to hold
as a result of the permute operation of social parts, the majority of
rights to vote of the acquired company;
c) In cases where the acquired or procuring society is
residents in other member states of the European Union, statement
voucher, confirmed and authenticated by the respective authorities
tax of which the requirements for the application are checked
of the Council Directive No. 2009 /133/CE of the Council of October 19
2009.
Article 81.
[...]
1-It is encompassed for the purposes of taxation of the partners, in the period of taxation
in which it is put at its disposal, the value that is assigned to each of them
as a result of the sharing, rebated from the purchase value of the correspondents
social parts and other equity instruments of their own.
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2-In the encompassing, for the purposes of taxation of the difference referred to in
previous number, the following shall be observed:
a) Such a difference, when positive, is considered to be more-valuable;
b) That difference, when negative, is considered to be worth-worth
deductible by the amount exceeding the sum of the tax damages
deduced in the scope of the application of the special taxation scheme
of the groups of societies and profits and reserves distributed by the
settled society who have benefitted from the provisions of the article
51.
3-To the difference referred to in point a) of the previous number is applicable the
provisions of Article 51 (1), provided that the requirements therein have been verified
established.
4-A percent-was worth referred to in the letter b) of paragraph 2 is not deductible in cases in
that the entity liquidated is resident in country, territory or region with
clearly more favorable tax regime that is list approved by
would pore from the member of the Government responsible for the area of finance or
when the social parts have remained in the title of the subject
liability for period of less than four years.
5-[ Previous Article No 4 ].
6-Where, in one of the four periods of taxation subsequent to the settlement
of a society, the activity pursued by this pass to be exercised by
any partner in the liquidated society, or by person or entity that with
that one or with this one finds itself in a situation of special relations, in the
terms set out in Article 63 (4), shall be added to the profit
taxable of the said partner, in that period of taxation, the value of less-
it was worth that it was deducted under the terms of the ( b) of paragraph 2, majored in
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15%.
Article 83.
[...]
1-For the determination of the taxable profit of the taxation period in which
occur cessation of entity activity with headquarters or effective direction in
Portuguese territory, including the European Society and the Society
European Co-operative, as a result of the transfer of the residence
out of that territory, constitute positive or negative components as
differences, at the date of cessation, between market values and values
fiscally relevant of the patrimonial elements of that entity, yet
not expressed in accounting.
2-In the case of transfer of the residence of a corporation with a registered office or
effective direction in Portuguese territory for another member State of the Union
European or the European Economic Area, in the latter case, provided that
there is an obligation for administrative cooperation in the field of exchange
of information and collection assistance equivalent to that established in the
European Union, the tax, on the part corresponding to the positive balance of the
positive and negative components referred to in the previous number, is paid from
agreement with one of the following modalities:
a) Immediately, by the entirety of the tax ascertained in the statement of
income presented in the terms and deadline set out in paragraph 3
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of Article 120; or
b) In the year following the one in which you check, in relation to each
of the patrimonial elements considered for the purposes of the clearance
of the tax, its extinction, transmission, disaffection of the activity of the
entity or transfer, by any title, material or legal,
for a territory or country other than a Member State of the Union
European or the European Economic Area, in the latter case,
provided there is an obligation for administrative cooperation in the field
of the exchange of information and the assistance for collection
equivalent to that established in the European Union, by the tax part
that corresponds to the tax result pertaining to each element
individually identified; or
c) In annual fractions of equal amount, corresponding to a fifth
of the amount of tax ascertained with commencement in the period of
taxation in which the transfer of the residence occurs.
3-The exercise of the option by one of the modalities provided for in points b) and c)
of the preceding paragraph determines the maturity of interest, at the same rate as expected
for late payment interest, counted from the day following the date provided in the
point ( b ) from Article 104 (1) to the date of the effective payment.
4-A option by one of the modalities provided for in points (b) and (c) of paragraph 2 shall
be exercised in the statement of income corresponding to the period of
taxation in which the cessation has occurred and determines the delivery, at the time
set out in Article 120 (3) of the official model declaration, approved
by porterie of the member of the Government responsible for the area of finance,
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containing the discrimination of the patrimonial elements, and may, in
case of founded fear of frustration from the collection of tax credit, be
subordinated to the provision of bank guarantee, which corresponds to the amount
of the increased tax of 25%.
5-The taxable person who has exercised the option by the modality of payment
of the tax provided for in paragraph b) of paragraph 2, shall send, annually, by
electronic transmission of data, within the time limit set out in Article 120 (1), the
official model statement referred to in the preceding paragraph and, being due,
effecting the payment of the tax within the same period, plus the
accrued interest calculated in the terms of paragraph 3.
6-Without prejudice to the counterordinational liability that to the couber case, the
non-delivery of the declaration referred to in the preceding paragraph determines the
notification for your presentation and payment of the tax eventually
due within thirty days, under penalty of prosecution of
tax execution for the totality of the amount in debt.
7-The taxable person who has exercised the option by the modality of payment
of the tax provided for in paragraph c) of paragraph 2, shall make the payment of the
tax due:
a) Until the expiry of the deadline for delivery of the income statement
mentioned in paragraph 4, relatively to the first annual fraction; and
b) Up to the last day of the month of May each year, regardless
of that day to be useful or not, plus accrued interest calculated in the
terms of paragraph 3, regarding the remaining fractions of payment.
8-In the case referred to in the preceding paragraph, the lack of payment of any
provision implies the immediate expiration of the following, instituting
process of tax execution by the totality of the amount in debt
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9-The taxable person who, following the option by one of the modalities of
payment of tax provided for in points b) or c) of paragraph 2, operate the
transfer from your residence to a territory or country other than a
Member State of the European Union or of the European Economic Area,
in the latter case, provided there is an obligation to cooperate
administrative in the field of exchange of information and assistance
to the collection equivalent to that established in the European Union, shall, in the
deadline set out in paragraph b ) of Article 104 (1), the payment of the
all or part of the liquidated tax or benefits which if
find in foul, depending on the cases, plus the interest in interest
calculated in the terms of paragraph 3.
10-The provisions of the preceding paragraphs shall not apply to the elements
heritage that remain effectively affections to an establishment
stable of the same entity located in Portuguese territory and contribute
for the respective taxable profit, as long as they are observed,
in respect of those elements, the conditions set out by paragraph 3 of the
article 74, with the necessary adaptations.
11-It shall apply to the determination of the taxable profit of the stable establishment,
with the necessary adaptations, the provisions of Article 74 (4).
12-In the situation referred to in paragraph 10, the fiscal damage prior to the cessation of
activity can be deducted from taxable profit attributable to the
stable establishment of the non-resident entity, in the terms and conditions
of Article 15 para.
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13-The scheme laid down in paragraphs 10, 11 and 12 does not apply in cases
covered by Article 73 (10)
14-The terms for the fulfillment of declarative obligations and for
provision of the guarantee are defined by porterie of the member of the Government
responsible for the area of finance.
Article 84.
[...]
1-The provisions of paragraph 1 of the preceding Article shall apply, with the necessary
adaptations, in the determination of taxable profit attributable to a
stable establishment of non-resident entity situated in territory
Portuguese, when it occurs:
a) The cessation of activity in Portuguese territory;
b) The transfer, by any material or legal title, out of the
portuguese territory, from heritage elements that meet
affections to the stable establishment.
2-When the facts referred to in the preceding paragraph imply the
transfer of patrimonial elements to another member state of the
European Union or the European Economic Area, in the latter case,
provided that there is an obligation for administrative cooperation in the field of
exchange of information and collection assistance equivalent to the
established in the European Union, is applicable with the necessary adaptations o
provisions of paragraphs 2 a to 9 of the preceding Article.
Article 87.
[...]
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1-A IRC fee is 23%, except in the cases provided for in the numbers
following.
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
Article 88.
[...]
1-The undocumented expenses are taxed autonomously, at the rate of
50%, without prejudice to its non-consideration as expenditon in the terms of
point ( b) of Article 23 (1).
2-[...].
3-Are taxed autonomously the charges effected or supported by
taxable persons who do not benefit from subjective exemptions and who exercise,
the main title, activity of a commercial, industrial or agricultural nature,
related to light vibrations of passengers, bikes or motorcycles,
excluding vehicles exclusively powered by electric power, at
following fees:
a) 15% in the case of viatures with an acquisition cost of less than € 20
000;
b) 27.5% in the case of viatures with an equal acquisition cost or
greater than € 20000, and less than € 35000;
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c) 35% in the case of viatures with an acquisition cost equal to or higher
at € 35000.
4-[ Revoked ].
5-[...].
6-[...].
7-[...].
8-[...].
9-[...].
10-[...].
11-[...].
12-[...].
13-[...].
14-The rates of autonomous taxation provided for in this Article are high
by 10 percentage points as to the taxable persons who submit
tax loss in the period to which they respect any of the tax facts
referred to in the preceding paragraphs related to the exercise of a
activity of a commercial, industrial or agricultural nature does not exempt from IRC.
15-The rates of autonomous taxation provided for in paragraphs 7, 9, 11 and 13, well
as the provisions of the preceding paragraph, are not applicable to the subjects
liabilities to which the simplified regime of determination of the
coletable matter.
16-The provisions of this Article shall not apply in respect of expenditure or
stable establishment charges located outside the Portuguese territory and
relative to the activity exerted by its intermediate.
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Article 90.
[...]
1-[...].
2-[...]:
a) The corresponding to the international legal double taxation;
b) The corresponding to the international economic double taxation;
c) [ Previous point (b) ];
d) [ Previous paragraph (c) ];
e) [ Previous point (d) ].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
8-Relatively to the taxable persons covered by the simplified scheme of
determination of the coletable matter, to the amount ascertained in the terms of the
n. 1 only are to make the deductions provided for in points a) and e) of paragraph 2.
9-From deductions effected under the terms of the points a) a d) of paragraph 2 shall not
result in negative value.
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10-[ Previous Article No 8 ].
11-[ Previous Article No 9 ] .
12-[ Previous Article No 10 ] .
Article 91.
Tax credit for international legal double taxation
1-[...]:
a) [...];
b) Fraction of the IRC, calculated before the deduction, corresponding to the
income that in the country concerned can be taxed, plus
of the correction provided for in Article 68 (1), net of direct spending
or indirectly supported for your getting.
2-[...].
3-A The deduction provided for in paragraph 1 shall be determined by country considering the whole
of the income from each country, with the exception of incomes
attributable to the stable establishment of resident entities situated outside
of the Portuguese territory whose deduction is calculated in isolation.
4-Without prejudice to the limitation provided for in the preceding paragraph, where it is not
possible to effect the deduction referred to in paragraph 1, by insufficiency of collection
in the period of taxation in which the income earned abroad
were included in the coletable matter, the remainder can be deducted to the
collection of the following five taxation periods, with the limit set out in
point ( b) of paragraph 1 that corresponds to the income earned in the country in
cause included in the colletable matter and after the deduction provided in the
previous numbers.
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Article 92.
[...]
1-For the entities that exercise, the main title, an activity of nature
commercial, industrial or agricultural, as well as non-residents with
stable establishment in Portuguese territory, the tax settled in the
terms of Article 90 (1), net of the deductions provided for in points a)
a c) of paragraph 2 of the same article, may not be less than 90% of the amount
that it would be ascertained if the taxable person did not enjoy tax benefits and
of the scheme provided for in Article 43 (13).
2-[...].
Article 93.
[...]
1-A deduction referred to in point d) of Article 90 (2) is effected by
amount ascertained in the statement referred to in Article 120 of the
period of taxation to which you respect or, if insufficient, up to the tenth
second period of taxation following, after the deductions are made
referred to in points a) a c) of paragraph 2 and with observance of paragraph 9, both of
article 90 para.
2-In the event of a cessation of activity in the taxation period itself or even
to the twelfth period of taxation subsequent to the one to which the
special payment on account respects, the part that may not have been
deducted under the terms of the previous number, when it exists, is refunded
upon application by the taxable person, addressed to the head of the service of
finance of the area of the headquarters, effective direction or stable establishment in which
is centralized to accounting, presented within 90 days of
CHAIR OF THE COUNCIL OF MINISTERS
77
count of the date of the cessation of the activity.
3-taxable persons may still, without prejudice to the provisions of paragraph 1, be
reimbursed from the party that was not deducted under the same precept
at the end of the period laid down therein, upon application by the subject
passive, directed at the head of the finance service of the head office area, direction
effective or stable establishment in which it is centralized to
accounting, submitted within 90 days of the term of that
period.
Article 94.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
8-[...].
9-[...].
10-In the case of income in kind, the withholding tax focuses on the
amount corresponding to the sum of the market value of the goods or
rights on the date to which it respects that obligation and the amount of the withholding
due.
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Article 97.
[...]
1-[...]:
a) Interest and any other income from capital, with the exception of
profits and distributed reserves, of which they are holders of institutions
financial subject, in relation to the same, the IRC, although of it
exempt;
b) [...];
c) Profits and reserves distributed to entities to which the
scheme set out in Article 51 (1), provided that the participation
in the capital has remained in the entitlements of the same entity, of
uninterrupted mode, during the year prior to the date of its allotment to
provision;
d) [...];
e) [...];
f) [...];
g) [...];
h) Interest and other income resulting from supply contracts,
of commercial paper or obligations, of which it is deveer society
whose social capital with the right to vote is held by the taxable person
at more than 10%, directly, or indirectly through other
companies in which the taxable person is dominant, provided that the
participation in the social capital has remained in its entitlement,
in uninterrupted mode, during the year prior to the date of its allotment
at the disposal.
CHAIR OF THE COUNCIL OF MINISTERS
79
2-[...].
3-[...].
4-[...].
Article 98.
[...]
1-[...].
2-[...]:
a) From the verification of the assumptions that result from convention to
prevent double taxation or other agreement of law
international or still of the applicable domestic law, through the
template form presentation to be approved by dispatching of the
member of the Government responsible for the area of finance:
1) Certified by the competent authorities of the state's respective state
of residence; or
2) Accompanied by document issued by the authorities
competent for the respective state of residence, who attest to his
residence for tax purposes in the period concerned and the subjection to
income tax in that state;
b) [...].
3-[...].
4-[...].
5-[...].
6-[...].
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7-The beneficiary entities of the income verifying the conditions
referred to in paragraphs 1 and 2 of this Article and in the following paragraphs 3 and following of the article
14., when no proof has been made in the time limits and conditions
established, may request the full or partial refund of the tax that
has been withheld at the source, within two years counted from the
term of the year in which the operative event of the tax is found, by
presentation of a template form to be approved by dispatching of the
member of the Government responsible for the area of finance:
a) Certified by the competent authorities of the respective state of the
residence; or
b) Accompanied by document issued by the competent authorities
of the respected state of residence, who attests to his residence for
tax effects in the period in question and the subjection to tax on the
income in that State;
8-The form provided for in the preceding paragraph shall, where necessary, be
accompanied by other elements that allow to affer the legitimacy of the
refund.
9-[ Previous Article No 8 ].
10-[ Previous Article No 9 ].
11-[ Previous Article No 10 ].
Article 104.
[...]
1-[...].
2-[...].
3-[...].
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81
4-taxable persons are exempted from making payments on account
when the tax of the reference taxation period for the respect
calculation is less than € 200.00.
5-[...].
6-[...].
7-There is no place to the payment referred to in points b) and c ) of paragraph 1 nor
to the refund referred to in paragraph 2 when your amount is less than €
25.00.
Article 105.
[...]
1-Payments per account are calculated on the basis of the tax settled
in accordance with Article 90 (1) regarding the period of taxation
immediately prior to the one in which these payments should be made,
liquids of the deduction referred to in point (s) e) of paragraph 2 of that article and of the
special payment on account to be made pursuant to Rule 106.
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
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8-For the purposes of the provisions of paragraph 1, when the special arrangements for
taxation of groups of companies, the amount of special payments
per account to be considered is the corresponding to the sum of the special payments
on account of all the societies in the group, including the society
dominant.
Article 106.
[...]
1-Without prejudice to the provisions of the paragraph a) of Article 104 (1), the subjects
there mentioned stay subject to a special payment on account of
take in two instalments, until July 31 and December 15 of the year to
respect, or, in the case that they adopt a period of taxation not
coincident with the calendar year, until the end of the 7. month and up to the day 15 of the 12.
month of the respected period of taxation.
2-The amount of the special payment per account is equal to 1% of the volume of
business relative to the previous taxation period, with the minimum threshold
from € 1 to 750.00, and, when higher, is equal to this increased limit of 20% of the
surplus part with the maximum limit of € 70 to 000.00.
3-[ Revoked ].
4-[...].
5-[...].
6-[...].
7-[...].
8-[...].
9-[...].
10-[...].
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83
11-[...]:
a) [...];
b) [...];
c) [...];
d) The taxable persons to which the simplified scheme of
determination of the coletable matter.
12-When the special taxation regime of the groups of
societies, is due a special payment on account by each of the
companies of the group, including the dominant society, calculated in the
terms of paragraph 2, by the latter the obligation to carry out the delivery
of the value corresponding to the sum of the special payments per account
so determined.
13-[ Revoked ].
Article 118.
[...]
1-[...].
2-[...].
3-The non-resident taxable persons and who obtain income no
attributable to stable establishment situated in Portuguese territory
for which there is a place under the obligation to submit the declaration to
Referred to in Article 120 are also required to submit the
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declaration of registration in the register, in any finance service or
elsewhere legally authorised, until the expiry of the deadline for delivery of the
periodical declaration of income provided for in Article 120.
4-From the declaration of registration in the register must appear, concerning the persons
collectives and other entities mentioned in Article 8 (2) and (3), the
annual tax period that they wish to adopt.
5-Whenever changes are made of any of the constant elements
of the declaration of registration in the register, shall the taxable person deliver the
respects statement of amendments within 30 days of the date of
change, unless another deadline is expressly provided for.
6-IRC taxable persons must submit the declaration of cessation in the
period of 30 days from the date of the cessation of the activity.
7-[...].
Article 120.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...]:
a) Relatively to income derived from real estate, excepted the
gains resulting from its onerous transmission, the gains mentioned
in the paragraph b) of Art. 4 (3) and the income mentioned in the
n. paragraphs 3 and 8 of the c) of Article 4 (3), up to the last day of the month
of May of the year following that to which they respect them;
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b) [...];
c) [...].
6-[...].
7-[ Revoked ].
8-A correction referred to in Article 51 (2)-A must be effected
through the submission of replacement declaration, within 60 days of
count of the date of verification of the fact that determined it,
regardless of whether that day is useful or unhelpful, relative to each of the
periods of taxation in which the submission deadline has already elapsed.
periodic declaration of income.
9-[...].
10-[...].
Article 123.
[...]
1-[...].
2-[...].
3-[...].
4-The books, accounting records and respect supporting documents
should be kept in good order during the 12-year term.
5-[...].
6-[...].
7-[...].
8-[...].
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86
9-[...].
Article 130.
[...]
1-The passive subjects of IRC, with the exception of those exempted under the terms of the article
9., are required to keep in good order, during the 12-year term, a
process of tax documentation relating to each taxation period, which
shall be constituted by the expiry of the deadline for delivery of the declaration to
which refers to ( c ) of Article 117 (1), with the elements
accounting and tax to be defined by the porterie of the Government member
responsible for the area of finance.
2-[...].
3-The taxable persons whose tax situation is to be accompanied by the
Unit of the Great Contributors, according to the criteria set out in
would pore from the member of the Government responsible for the area of forecasted finance
in Article 68 (3)-B of the General Tax Act, and the remaining entities a
that the special taxation regime of groups of companies is implemented
are required to proceed to the delivery of the tax documentation process
jointly with the annual statement referred to in para. c ) of paragraph 1 of the
article 117 para.
4-[...].
Article 138.
[...]
1-[...].
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2-Where the taxable person intends to include in the framework of the agreement
operations with entities with which there are special resident relationships
in country with which a convention has been concluded to avoid the duo
taxation, and intends for the agreement to have bilateral or multilateral character,
must request that the application, as referred to in the preceding paragraph, be
submitted to the respective competent authorities in the framework of the
friendly procedure to be established for the purpose.
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
8-[...].
9-[...]. "
Article 3.
Addition to the Tax Code on the Collective Persons ' Throughput
They are deferred to the IRC Code, approved by the Decree-Law No. 442-B/88, of 30 of
November, Articles 23-A, 28.-A, 28.-B, 31.-C, 31.-A, 47.-B, 47.-A, 50.
51.-A, 51.-B, 51.-C, 51.-D, 54.-A, 75.-A, 86.-A, 86.-B and 91.
essay:
" Article 23.
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Non-deductible charges for tax purposes
1-Are not deductible for the purposes of determining the taxable profit the
following charges, even when accounted for as spending of the period
of taxation:
a) The IRC, including the autonomous tributes, and any others
taxes that directly or indirectly focus on the profits;
b) The undocumented expenses;
c) The charges whose documentation does not comply with the provisions of paragraphs 3 and 4
of Article 23, as well as the charges evidenced in documents
issued by taxable persons with tax identification number
non-existent or invalid or by taxable persons whose cessation of
activity has been declared officiously in the terms of paragraph 6 of the
article 8;
d) The illicit expenses, specifically those arising from
behaviors that fundably indict the violation of the legislation
Portuguese penal, even if occurred outside the territorial scope of the
your application;
e) The fines, fines and too much charges, including the interest
compensatory and moratoriums, by the practice of infractions of any
nature that have no contractual origin, as well as by
contrarian behaviour to any regulation on the
exercise of the activity;
f) The taxes, fees and other tributes that focus on third parties that
the taxable person is not legally obliged to bear;
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g) The compensation for the verification of events whose risk is
insurable;
h) The cost aids and charges with compensation for travel
on the employee's own car, at the service of the employer,
not billed to customers, scripted to any title, whenever the
employer does not post, for each payment effected, an
map through which it is possible to check out the displacements
to which those charges are referred, specifically the respects
places, time of stay, objective and, in the case of displacement in
worker's own viature, identification of the viature and the respect
owner, as well as the number of kilometres travelled, except
in the part where there is room for taxation in IRS headquarters in the sphere of
respect beneficiary;
i) The charges with the driverless rental of lightweight viatures of
passengers or mixed, on the part corresponding to the value of the
depreciations of such viactures which, pursuant to the ( c) and e) from the
n Article 34 (1), are not accepted as spending;
j) The fuel charges in the party where the taxable person does not
make proof that the same respect the goods belonging to your
active or by it used in leasing regime and of which they are not
outdated normal consumables;
k) The charges for recreational boats and passenger aircraft
that are not affections to the exploitation of the public transport service
nor is it intended to be leased in the exercise of normal activity of the
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taxable person;
l) The less-valuable ones carried out relating to pleasure boats, planes of
sightseeing and light viatures of passengers or mists, who are not
affections to the exploitation of public transport service nor if
target to be rented in the exercise of the normal activity of the subject
passive, except in the part where they correspond to the value fiscally
depreciable under the terms of the ( e) of Art. 34 (1) not yet
accepted as spent;
m) The interest and other forms of remuneration for supplies and
loans made by the partners to the society, in the part where
exceed the rate defined by the member of the Government member
responsible for the area of finance, save in the case of applying the
Regime established in Article 63 of the IRC Code;
n) The spending pertaining to the participation in profits by members of organs
social and workers of the company, when the importtive respects
are not paid or placed at the disposal of the beneficiaries until the
end of the following taxation period;
o) Without prejudice to the provisions of the preceding paragraph, the spending on the
participation in profits by members of social bodies, when the
beneficiaries to be holders, directly or indirectly, from parties
representative of at least 1% of the social capital, in the part where
exceeds double the monthly remuneration earned in the period of
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taxation to which he respects the result in which they participate;
p) The contribution on the banking sector;
q) The importances paid or due, to any title, to persons
singular or collective residents outside the Portuguese territory, and therein
submitted to a tax regime identified by member porterie
of the Government responsible for the area of finance as a regime of
clearly more favourable taxation, save if the taxable person
prove that such charges correspond to operations effectively
performed and do not have an abnormal character or an exaggerated amount.
2-Do not compete for the formation of taxable profit the men-valuable and
other losses relating to equity instruments, in the part of the value
that corresponds to the profits distributed or to the most-valuable ones carried out with the
onerous transmission of social parts of the same entity that have
benefited, in the taxation period itself or in the four periods
previous, of the deduction provided for in Article 51, of credit by double
international economic taxation provided for in Article 91-A or the deduction
provided for in article 51 .ºC.
3-Are not accepted as spending of the taxation period those supported with the
onerous transmission of capital instruments of its own, whatever the
title on why it operates, from entities with residence or domicile in country,
territory or region subject to a clearly more favourable tax regime
list constant approved by portaria of the member of the Government
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responsible for the area of finance.
4-A Tax and Customs Authority should make the information available
on the cadastral situation of the taxable persons, which is considered
relevant for the purposes of the provisions of the second part of the c) of paragraph 1.
5-In the event that the requirement stated in point (s) is not met n) of paragraph 1, to the
value of IRC settled with respect to the following taxation period
adds to the IRC which is no less settled as a result of the deduction of the
importances that have not been paid or placed at the disposal of the
interested in the indicated period, plus the countervailing interest
correspondents.
6-For the purposes of the verification of the percentage set out in paragraph o) of paragraph 1,
it is considered that the beneficiary indirectly holds the parts of the capital of the
Society when the same are of the entitlement of the spouse, respect
ascenders or descendants up to the 2. degree, being equally applicable,
with the necessary adaptations, the rules on the equiparation of the title
established in the Code of Commercial Societies.
7-The provisions of the q) of paragraph 1 shall also apply to the importances
indirectly paid or due, to any title, to natural persons or
collectives residing outside the Portuguese territory and then subjected to a regime
tax clearly more favorable, when the taxable person has or should
have knowledge of their fate, presumed that knowledge
when there are special relations, in accordance with Article 63 (4), between
the taxable person and the said natural or collective persons, or between the
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taxable person and the mandated, fiduciary or interposed person who proceeds
to the payment to natural or collective persons.
8-A Tax and Customs Authority notifies the taxable person to
production of the evidence referred to in paragraph q) of paragraph 1, and shall, for the purpose, be
set a period not less than 30 days.
9-Dealing with societies of professionals subject to the regime of
tax transparency, it can be fixed by porterie of the member of the Government
responsible for the area of finance the maximum number of vehicles and the
respect value for the purposes of deduction of the corresponding charges.
Article 28-The
Impairable losses in debt receivable
1-Can be deducted for tax purposes the following impairments losses,
when accounted for in the same period of taxation or in periods of
previous taxation:
a) Those related to credits resulting from normal activity,
including the interest for the delay in the fulfilment of obligation, which, in the
end of the taxation period, can be considered as collection
doubtful and be evidenced as such in accounting;
b) Those relating to receipts for charging recognized by the companies of
insurance.
2-Can also be deducted for tax purposes the impairments losses,
and other value corrections, accounted for in the same period of taxation
or in periods of previous taxation, when constituted
compulsorily, by virtue of standards emanating from the Bank of Portugal,
of generic and abstract character, by the entities subject to their supervision and
by branches in Portugal of credit institutions and other institutions
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financial with registered office in another member state of the European Union,
intended for credit-specific and risk-specific risk coverage and for
less-worth of securities and other applications.
3-The impairity losses and other value corrections referred to in the figures
previous ones that should not subsist, for leaving to check themselves out
objective conditions that have determined them, consider themselves components
positive from the taxable profit of the respective period of taxation period.
Article 28-B
Impairance losses in credits
1-For the purposes of the determination of the impairers losses provided for in the
a) of paragraph 1 of the preceding Article, consider claims for dubious collection
those in which the risk of uncollectability is properly justified, the
that occurs in the following cases:
a) The debtor has pending process of execution, process of
insolvency, special process of revitalization or procedure of
recovery of companies by extrajudicial route under the System of
Business Recovery by Extrajudicial Way (SIREVE), approved
by Decree-Law No 178/2012 of August 3;
b) The credits have been claimed judicially or in court
arbitral;
c) The credits have been in mora for more than six months since the date of the
respect maturity and there are objective evidence of impairments and of
have been made representations for their receipt.
2-The cumulative annual amount of the loss by impairation of said credits
in the paragraph c ) of the previous number may not be higher than the following
percentages of the credits in mora:
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a) 25% for credits in mora more than 6 months and up to 12 months;
b) 50% for credits in mora more than 12 months and up to 18 months;
c) 75% for credits in mora more than 18 months and up to 24 months;
d) 100% for credits in mora for more than 24 months.
3-Are not considered to be of dubious collection:
a) The credits on the State, Autonomous Regions and local authorities
or those in which these entities have rendered avail;
b) The credits covered by insurance, with the exception of the importance
corresponding to the percentage of mandatory discovered, or by
any kind of real guarantee;
c) The credits on natural persons or collectives who hold,
directly or indirectly, pursuant to Art. 69 (6), more than
10% of the capital of the company or about members of its organs
social, save in the cases provided for in points a) and b) of paragraph 1;
d) The credits on participating companies, directly or indirectly, in the
terms of Article 69 (6), in more than 10% of the capital, saved in the
cases provided for in points a) and b) of paragraph 1.
Article 28-C
Companies in the banking sector
1-The cumulative annual amount of impairity losses and other corrections
of value for specific credit risk and for risk -country to which the
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n Article 28 (2)-It may not overcome what corresponds to the application
of the mandatory minimum limits by force of the notices and instructions
emanating from the supervisory entity.
2-The impairity losses and other value corrections referred to in the number
previous are only accepted when relating to credits resulting from the activity
normal, not covering the credits excluded by the standards emanating from the
supervising entity and still the following:
a) The credits in which State, Autonomous Regions, authorities and others
public entities have provided avail;
b) The credits covered by real rights on real estate;
c) The credits guaranteed by credit insurance contracts or surety,
with the exception of the importance corresponding to the percentage of the
discovered mandatory;
d) Credits under the conditions laid down in points c) and d) of the Article 3 (3)
28 .ºB-B.
3-The valuations of applications referred to in Article 28 (2)-A must
match the total of the differences between the cost of applications
arising from the recovery of credits resulting from normal activity and the
respect market value, when this is lower than that.
4-The accumulated annual amounts of the impairings losses and other
corrections of value, referred to in Article 28 (2), shall not
exceed the minimum values that result from the application of the standards
emanating from the supervisory entity.
5-The constant regime of the present article, in everything that is not here
CHAIR OF THE COUNCIL OF MINISTERS
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specially envisionable, obeys the applicable specific regulations.
6-When it comes to the cancellation of provisions for general credit risks,
as well as from impairity losses and other value corrections not
provided for in Article 28 (2), they are considered income of the
period of taxation, in 1. place, those that have been accepted as
tax spend in the period of taxation of the constitution's respect.
Article 31-The
Change of depreciation and amortization methods and changes in the useful life of assets not
chains
1-The methods of depreciation and amortization should be uniformly
followed in the successive periods of taxation.
2-They can, however, check themselves for changes of the said methods and in life
useful of assets whenever they are justified for reasons of
economic or technical nature and are accepted by the Tax Authority
and Customs.
3-The provisions of the preceding paragraphs shall be without prejudice to the variation in the quotas of
depreciation or amortization according to the scheme more or less
intensive or with other conditions of use of the elements to which
respect may not, however, the minimum quotas attributable to the
tax period be deducted for profit determination purposes
of other periods of taxation.
4-For the purposes of the preceding paragraph, minimum depreciation quotas or
depreciation are calculated on the basis of rates equal to half of the fixtures
second the method of the straight line, without prejudice to the provisions of the number
next.
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5-A The use of depreciation or amortization quotas lower than
mentioned in the previous number depends on communication to the Authority
Tax and Customs, effected until the end of the taxation period, in the
how do you identify the quotas to be practising and the reasons that justify the
respects use.
6-The provisions of the final part of paragraph 3 and paragraph 5 shall not apply to the elements
of the asset that are reclassified as non-current assets held for
sale.
Article 31-B
Impairity losses in non-current assets
1-Can be accepted as tax expense the impairable losses in assets
non-currents coming from abnormal causes,
specifically disasters, natural phenomena, technical innovations
excecionally fast or significant changes, with adverse effect, in the
legal context.
2-For the purposes of the provisions of the preceding paragraph, the taxable person shall obtain the
acceptance of the Tax and Customs Authority, upon exposure
duly substantiated, to be submitted by the end of the 1. month of the period
of taxation following that of the occurrence of the facts that determined the
excective devaluations, accompanied by supporting documentation
of the same, specifically of the decision of the competent governing body
that confirms those facts, of justification of the respect amount, well
as from the indication of the destination to be given to the assets, when the physical slaughter, the
dismantlement, abandonment or unutilisation of these do not occur in the
same period of taxation.
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3-When the facts that determined the excectional devaluations of the
assets and physical slaughter, dismantling, abandonment or unutilisation
occur in the same period of taxation, the tax net value of the assets,
fixed from possible recoverable values can be accepted as spend of the
period, provided that:
a) Be proven physical culling, dismantling, abandonment or
unutilisation of the goods, through the self-respecting self, signed by two
witnesses, and identified and substantiated the facts that originated
the excecional devaluations;
b) The self is accompanied by discriminative relationship of the elements in
cause, containing, in respect of each asset, the description, the year and the
cost of acquisition as well as the net book value and the value
tax net;
c) Be communicated to the finance service of the area of the place where those
goods to meet, with the minimum 15 days ' notice, the place, the
date and time of physical slaughter, dismantling, abandonment or
uselessness and the total of the fiscal net value of the same.
4-The provisions of the a) a c) of the preceding paragraph shall also observe-
if in the situations provided for in paragraph 2, in the period of taxation in which it comes to
take physical slaughter, dismantling, abandonment or unusable
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of the assets.
5-A The acceptance referred to in paragraph 2 shall be the competence of the director of finance of the
area of the head office, effective direction or stable establishment of the passive subject
or from the Director of the Major Contributors Unit, addressing
companies included in the scope of their assignments.
6-A The documentation referred to in paragraph 3 shall integrate the process of
tax documentation, pursuant to Art. 130 para.
7-The impairable losses of depreciable or amortizable assets that do not
are accepted fiscally in the terms of the previous numbers are
considered as spending, in equal parts, during the period of lifespan
remainder of that asset or, without prejudice to the provisions of Article 46, to the
period prior to the one in which physical slaughter is checked, the
dismantling, abandonment, unutilisation or transmission of it.
Article 45-The
Intangible assets, investment properties and biological assets do not
consumables
1-Is accepted as tax expense, in equal parts, during the first 20
periods of taxation after initial recognition, the cost of acquisition
of the following intangible assets when recognized autonomously, in the
terms of accounting normalization, in the individual accounts of the subject
passive:
a) Elements of industrial property such as brands, alvarás,
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production processes, models or other assimilated rights,
purchased for onerous title and that they have no temporal duration
limited;
b) The goodwill acquired in a concentration of business activities.
2-The cost of acquisition, major repairs and benefitments and benefitments
of the investment properties that are subsequently measured
at fair value is accepted as spent for tax purposes, in equal parts,
during the period of useful life that deducts from the minimum depreciation quota
that it would be fiscally accepted should this asset remain recognized to the
cost of acquisition.
3-The cost of acquisition of non-consumable biological assets, which are
subsequently measured at fair value, is accepted as spent for
tax effects, in equal parts, during the period of useful life that is deducted
of the minimum depreciation quota that would be fiscally accepted should such an asset
remain recognized at the cost of acquisition.
4-The provisions of paragraph 1 shall not apply:
a) To the intangible assets acquired in the framework of merger operations,
spin-off or entry of assets, when the special scheme is applied
provided for in Article 74;
b) The goodwill concerning social shareholdings;
c) To the intangible assets acquired to entities residing in country,
territory or region subject to a tax regime clearly more
favorable list constant approved by porery of the member of the
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Government responsible for the area of finance.
Article 47-The
Date of acquisition of the parts of capital
For the purposes of this Code, it shall be deemed that:
a) The date of acquisition of the shares of capital acquired or assigned to the
taxable person by incorporation of reserves or replacement,
in particular by amendment of the nominal value or
transformation of the issuing company, is the date of acquisition of the parties
of capital that gave them origin;
b) The date of acquisition of the shares of capital acquired or assigned to the
taxable person in the scope of merger, fission or exchange operations of
social parts when applying for the special scheme provided for in the article
74 or in Article 77, depending on the cases, and are valued, for
tax effects, by the value that had the parts of capital delivered
by the partners, is the date of acquisition of the latter;
c) The date of acquisition of the shares of capital acquired by the society
beneficiary or acquirer in the scope of merger, spin-off or
entry of assets when applying for the special scheme provided for in the
article 74 or in Article 77, depending on the cases, and are valued,
for tax purposes, by the value that had the capital shares in the
founded society, fissile or contributor, is the date of acquisition of the
parts of capital in these latter societies.
Article 50-The
Income from patents and other industrial property rights
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1-Conincur for the determination of taxable profit in only half of the
its value the income from contracts that have per object
the assignment or temporary use of the following property rights
industrial subject to record:
a) Patents;
b) Designs or industrial models.
2-The provisions of the preceding paragraph shall also apply to income
arising from the violation of the industrial property rights referred to therein.
3-The provisions of paragraph 1 shall depend on the cumulative verification of the following
conditions:
a) Industrial property rights have resulted from activities
of research and development carried out or contracted by the
taxable person;
b) The transferee uses the industrial property rights in the
pursuit of an activity of a commercial, industrial or
agricultural;
c) The results of the use of industrial property rights by the
transferee do not materialize in the delivery of goods or installments of
services that originate fiscally deductible expenses in the entity
transferor, or in society that with this is integrated into a group of
companies to which the special scheme provided for in Article 69 applies,
whenever between one or the other and the transferee there are relations
special purposes in accordance with Article 63 (4);
d) The transferee is not a resident entity in country, territory or
region where you find yourself subject to a tax regime clearly more
constant favorable porterie of the responsible government member
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by the area of finance.
4-The provisions of this Article shall not apply to income arising from
ancillary benefits of services included in the contracts referred to in paragraph 1,
which, to this end, should be autonomised from incomes
arising from the assignment or the temporary use of rights of
industrial property.
5-The income to which the provisions of paragraph 1 apply are also
considered in only half of their value for the purposes of calculating the
fraction provided for in paragraph b) of Article 91 (1)
Article 51-The
Period of detention of participation
1-For the purpose of verification of the constant requirement of the ( b) of paragraph 1 of the
previous article, the provisions of Article 47 shall apply.
2-If the holding of the minimum participation referred to in paragraph 1 of the preceding Article
no longer check before you have completed the 12-month period, must
correct the deduction that has been effected, without prejudice to the consideration
of the tax credit for double international taxation to which there is
place, pursuant to the provisions of Article 91.
3-In cases where the taxable person transfers his or her seat or effective direction
for the Portuguese territory, the count of the period of 12 months
mentioned in the point b) of paragraph 1 of the preceding Article or in paragraph 1 of the article
51.-C starts at the time that this transfer occurs.
Article 51-B
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Evidence of the requirements for the implementation of the elimination regime of economic double taxation
of profits and distributed reserves
1-A proof of compliance with the requirements laid down in Article 51 shall be
effected through confirmed and authenticated statements or documents
by the competent public authorities of the State, country or territory where the
entity that distributes the profits or reserves has its head office or direction
effective.
2-Compete to the Tax and Customs Authority demonstrate the lack of
veracity of the statements or documents mentioned in the number
previous or of the information in them constants, when the entity that
distributes the profits or reserves has its headquarters or effective direction in:
a) Member state of the European Union;
b) Member State of the European Economic Area that is bound by
administrative cooperation in the field of taxation equivalent to the
established within the framework of the European Union;
c) State, country or territory with which Portugal possesses a
convention to avoid international double taxation or a
agreement on exchange of information in tax matters.
3-In the remaining cases, there are founded evidence of the lack of truthfulness of the
statements or documents referred to in paragraph 1, or of the information in them
constants, it is up to the taxable person to demonstrate compliance with the
requirements set out in Article 51 through any other means of
proof.
4-In the absence of the statements and documents mentioned in paragraph 1, the
compliance with the requirements set out in Article 51 can be demonstrated
through any other means of proof.
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5-The statements and documents referred to in the preceding paragraphs shall
to integrate the process of tax documentation referred to in Article 130.
Article 51-C
More-worth and less-valuable ones carried out with the onerous transmission of social parts
1-Do not compete for the determination of taxable profit of the subjects
IRC liabilities with head office or effective direction in Portuguese territory as
more and less-valuable ones carried out upon onerous transmission, any that
be the title why you operate and regardless of the percentage of the
transmitted participation, from social parties held uninterruptedly by a
period not less than 12 months, provided that on the date of the respective
transmission, if show complied with the requirements set out in the ( a) , c)
and e) of Article 51 (1), as well as the requirement set out in paragraph 51 d) from the
n. 1 or in paragraph 2 of the same article.
2-The provisions of the preceding paragraph shall also apply to the more and less-
valias carried out with the transmission of other capital instruments
own associated with the social parties referred to therein, specifically benefits
supplementary.
3-The provisions of the preceding paragraphs shall also apply to the most-valued and the
less-valuable resulting from the onerous transmission of social parts and
other equity instruments in the scope of merger operations,
spinoff, input of assets or exchange of social parts not covered by the
special arrangements provided for in Articles 73 and following, when carried out by the
founded, fissile or contributor societies, or by the associates of the
founded, fissile or acquired societies, provided that the latter are
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IRC taxable persons with head office or effective direction in territory
Portuguese.
4-The provisions of paragraph 1 shall not apply to the most and less-valued
upon onerous transmission of social parts when the value of the goods
real estate or real rights on immovable property located in territory
portuguese, with the exception of immovable property affections to an activity of
agricultural, industrial or commercial nature that does not consist of the lease or the
purchase and sale of immovable property, represent, directly or indirectly, more
of 50% of the asset.
Article 51-D
Stable establishment
1-The provisions of this subsection shall apply to profits and reserves
distributed, as well as to the more-valuable and to the less-valuable ones carried out in the
terms of Article 51-C, which are attributable to a stable establishment
situated in Portuguese territory of a resident entity in a State
member of the European Union, provided that this fulfils the requirements and
conditions set out in Article 2 of the Directive No 2011 /96/UE, of the
Council, of November 30.
2-The provisions of this subsection is still applicable to profits and reserves
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distributed, as well as to the more-valuable and to the less-valuable ones carried out in the
terms of Article 51-C, which are attributable to a stable establishment
situated in Portuguese territory of a resident entity in a State
member of the European Economic Area subject to obligations of
administrative cooperation in the field of taxation equivalent to
established within the framework of the European Union, provided that this entity
meet the requirements and conditions that are equiparable to those set out in the article
2 of the Council Directive No 2011 /96/UE of the Council of November 30.
3-The provisions of this subsection is still applicable to profits and reserves
distributed, as well as to the more and less-valuable ones carried out in the terms of the
article 51-C, which are attributable to a stable establishment situated
in Portuguese territory of a resident entity in a state, which does not
consents from the list of countries, territories or regions subject to a tax regime
clearly more favourable, approved by porterie of the member of the Government
responsible for the area of finance, with which it has been celebrated
convention to avoid double taxation, which provides for cooperation
administrative in the field of taxation equivalent to that established in the
scope of the European Union and that in that State is subject to and not exempt from
a tax of an identical or similar nature to the IRC.
Article 54-The
Profits and damage of stable establishment situated outside the territory
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portuguese
1-The taxable person with registered office or effective direction in Portuguese territory may
opt out of the non-compete for the determination of your taxable profit from the
profits and damage attributable to the stable establishment located outside the
Portuguese territory, provided that if they cumulatively check the following
requirements:
a) The profits attributable to such a stable establishment are subject to and
not exempt from a tax referred to in Article 2 of the Directive
n. 2011 /96/UE, of the Council, of November 30, 2011, or of
a tax of an identical or similar nature to the IRC whose legal fee
applicable to those profits is not less than 60% of the IRC fee
provided for in Article 87 (1);
b) This stable establishment is not located in country, territory
or region subject to a clearly more favourable tax regime
list constant approved by portaria of the member of the Government
responsible for the area of finance.
2-For the purposes of the provisions of this Article, the concept of establishment
stable is what results from the application of convention to avoid the duo
taxation concluded by Portugal or, in its absence, from the application of the
provisions of Article 5 para.
3-In the case of the exercise of the option provided for in paragraph 1, the taxable profit of the
taxable person should reflect the operations with the respects
stable establishments situated outside the Portuguese territory and be
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corrected from spending corresponding to the income attributable to those
stable establishments or the assets to these affections, so to
match what would be obtained should these be separate companies and
independent.
4-The provisions of paragraph 1 shall not apply to profits attributable to the
stable establishment, including those derived from divestment or affectation
to other purposes of the assets affected to that establishment, up to the amount of the
damages attributable to the stable establishment that were running for the
determination of taxable profit of the taxable person in the 12 periods of
previous taxation.
5-In case of transformation of the stable establishment into society, the
provisions of Articles 51 and 51-C and Article 81 (3) shall not apply
to the profits and reserves distributed to the taxable person by this society, nor
to the most-valuable arising from the onerous transmission of the capital parts or
of the liquidation of that company, up to the amount of the damage attributable to the
stable establishment that concurring for the determination of profit
taxable of the taxable person in the previous 12 tax periods.
6-A The option provided for in paragraph 1 shall cover at least all of the
stable establishments situated in the same jurisdiction and be maintained by
a minimum period of three years, from the date on which you start your
application.
7-In the disaffection of heritage elements from a stable establishment
situated outside the Portuguese territory, the value of realization is deemed to be
respects market value.
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8-In the case of exercise of the option provided for in paragraph 1, it shall not apply to profits and
damage attributable to stable establishment located outside the territory
portuguese the provisions of Article 91 or other method of eliminating the
international double taxation under convention to avoid double
taxation celebrated by Portugal.
9-In the case of profits and damage attributable to stable establishment
situated outside the Portuguese territory no more than the provisions of the
n. 1:
a) Do not compete for the determination of the taxable profit of the subject
liability the damage attributable to the stable establishment,
including those derived from divestment or affectation to other purposes of the
assets affection to that establishment, up to the amount of profits
attributable to the stable establishment that did not compete for the
determination of taxable profit of the taxable person in the 12 periods
of previous taxation, in the terms set out in paragraph 1;
b) In case of transformation of the stable establishment into society,
the provisions of Articles 51 and 51-C and in paragraph 3 of the 3 shall not apply.
Article 81 to profits and distributed reserves, nor to the most-valued
arising from the onerous transmission of the capital parts and the
liquidation of that society, respectively, up to the amount of the
profits attributable to the stable establishment that did not compete
for the determination of taxable profit of the taxable person in the 12
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previous taxation periods, under the terms set out in paragraph 1.
10-A option and renunciation of the application of the provisions of paragraph 1 shall be
communicated to the Tax and Customs Authority through the sending, by
electronical transmission of data, from the statement provided for in Article 118, to
at the end of the 3. month of the taxation period in which it is intended to start or
cessation of respect application.
Article 75-The
Transmission of tax benefits and deductibility of financing spending
1-The tax benefits of the merged companies are passed on to the
beneficiary society, as long as in this one if you check your respects
assumptions and the special scheme set out in Article 74 is implemented.
2-The net financing expendities of the societies founded by these do not
deduced, as well as the unused portion of the limit referred to in paragraph 3
of Article 67, may be considered in the determination of taxable profit
of the beneficiary society in a merger operation to which the
special arrangements set out in Article 74, by the end of the period of which
dismist the merged companies, in accordance with the provisions of paragraphs 2 and 3
of the said Article 67 para.
3-The provisions of the preceding paragraphs shall also apply, in the terms of
would pore from the member of the Government responsible for the area of finance that
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define the criteria and control procedures to be adopted, in the cases of
fission or asset-entry operations to which the scheme is applied
special set out in Article 74, provided that permission is obtained from the
member of the Government responsible for the area of finance, upon
application to be submitted in the Tax and Customs Authority on the deadline
of 30 days from the application for registration of those operations in the
Conservatory of the Commercial Register.
Article 86-The
Scope of application
1-Can opt for the simplified regime of determination of matter
coletable, resident taxable persons, not exempt nor subject to a
special taxation regime, which exercise the main title an activity
of a commercial, industrial or agricultural nature and which check,
cumulatively, the following conditions:
a) They obtained, in the period of taxation immediately preceding, a
net annual amount of income not exceeding € 200 000.00;
b) The total of your balance sheet relative to the taxation period
immediately preceding do not exceed € 500 000.00;
c) They are not legally obliged to the statutory review of accounts;
d) The social capital respect is not held in more than 20%, direct or
indirectly, in accordance with Article 69 (6), by entities that
do not fulfil any of the conditions laid down in the above points,
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except when they are venture capital companies or investors of
capital of risk;
e) Adopt the accounting normalization regime for microentities
approved by Decree-Law No 36-A/2011 of March 9;
f) Have not waived the application of the scheme in the three years
previous, with reference to the date on which the application of the
regime.
2-In the period of commencement of activity, the framework in the simplified regime
of determination of the coletable matter do-if, verified the rest
requirements, in accordance with the annualized value of earnings
estimated, constant of the starting statement of activity.
3-A option by the application of the simplified regime of determination of matter
a colletable must be formalized by the passive subjects:
a) In the declaration of commencement of activity;
b) In the declaration of amendments referred to in Article 118, to be submitted
by the end of the 2. month of the taxation period in which they wish
initiate the application of the simplified regime of determination of matter
colletable.
4-The simplified regime of determination of the coletable matter cede when
stop if you check your respective requirements or the taxable person resign
to your application.
5-The simplified regime of determination of the coletable matter ceient still
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when the taxable person does not comply with the issuing obligations and
communication of the predicted invoices, respectively, in the VAT Code and in the
n Article 3 (1) of the Decree-Law No. 198/2012 of August 24, without
injury of the remaining applicable sanctions.
6-The effects of the cessation or renunciation of the simplified regime of
determination of the coletable matter reports to the 1 th day of the period of
taxation in which:
a) Leave to check yourself any of the requirements referred to in paragraph 1 or if
check the cause of cessation provided for in the preceding paragraph;
b) The renunciation of the application of the simplified regime of
determination of the coletable matter, in the terms and time limits set out in the
point ( b) of paragraph 3.
Article 86-B
Determination of the coletable matter
1-A relevant colletable matter for the purposes of the application of this scheme
simplified obtains through the application of the following coefficients:
a) 0.04 of sales of goods and products, as well as benefits
of services carried out within the framework of hotel activities and similar,
restoration and beverages;
b) 0.75 of the income from the professional activities listed in the table
referred to in Article 151 of the IRS Code;
c) 0.10 of the remaining income from service benefits and subsidies
intended for exploration;
d) 0.95 of the income from contracts that they have by
object to the assignment or temporary use of intellectual property or
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industrial or the provision of information relating to a
experience gained in the industrial, commercial or scientific sector, of the
other income from capital, from the positive income result
predials, of the positive balance of the most and less-valuable and of the remaining
patrimonial increments;
e) 1.00 of the acquisition value of the patrimonial increments obtained a
free title determined in accordance with Article 21 (2)
2-The value determined in the terms of the preceding paragraph may not be lower than
60% of the annual value of the minimum guaranteed monthly consideration.
3-In the resale sectors of fuels, of tobacco, of vehicles subject to the
tax on vehicles and alcohol and alcoholic beverages not if
consider, for the purposes of the determination of the coletable matter in the terms
of paragraph 1, the amounts corresponding to the special taxes on the
consumption and the tax on vehicles.
4-The provisions of Article 64 shall apply, with the necessary adaptations, in the
determination of the coletable matter pursuant to paragraph 1.
5-The coefficients provided for in points a) and c) of paragraph 1 and the limit set out in the
n. 2 are reduced by 50% and 25% in the period of taxation of the beginning of
activity and in the following taxation period, respectively.
6-The most-valuable and the value-priced correspond to the difference between the value of
realization, net of the charges that are inherent in it, and the value of
acquisition deducted from the impairity losses and other value corrections,
of the depreciations or amortizations that have been fiscally accepted and, in the
respect for depreciable or amortizable assets, of the minimum shares of
depreciation or amortization with respect to the period in which it is applied
this simplified regime of determination of the coletable matter.
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7-Fixed acquisition value in the terms of the previous number is updated
upon the application of the currency devaluation coefficients
published by portaria of the member of the Government responsible for the area of
finance, in the terms and conditions set out in Article 47 para.
8-The subsidies related to non-current assets are, when they respect
the depreciable or amortizable assets, included in the matter-colletable by the
amount that would proportionally correspond to the minimum quota of
depreciation or amortization or, in the remaining cases, in the terms
set out in Article 22 para.
9-In case of correction to the accounting base values used for the
clearance of the coletable matter pursuant to paragraph 1 by appeal to
indirect methods, in accordance with article 90 of the General Tax Act, is
applicable, with the necessary adaptations, the provisions of articles 57 to 62.
10-When the taxable person has benefited from the application of the scheme
provided for in Article 48, not being realized the reinvestment until the
end of the 2. tax period following that of the realization, plus the
coletable matter of that period of taxation the difference or the part
proportional of the difference provided for in paragraphs 1 and 4 of that article do not
included in the majorized taxable profit in 15%.
Article 91-The
Tax credit for double international economic taxation
1-A deduction referred to in point b) of Article 90 (2) shall apply, by
option of the taxable person, when in the colletable matter of this have been
included profits and reserves, distributed by resident entity outside the
Portuguese territory, which fulfil the requirements set out in the present
Article and to which the provisions of Article 51 shall not apply.
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2-A deduction provided for in the previous number corresponds to the smallest of the following
importances:
a) Fraction of income tax paid abroad by the
entity resident outside of Portuguese territory and by entities by
this held directly and indirectly, corresponding to the profits and
reservations distributed to the taxable person, in the terms provided for in the
n. ºs 3 and 4;
b) Fraction of IRC, calculated before the deduction provided for in the present
article, corresponding to profits and distributed reserves, plus
of the corrections provided for in Article 68 (1) and (3), net of the
directly or indirectly supported expenses for your obtaining, and
deducted from the credit provided for in Article 91.
3-A The deduction provided for in paragraph 1 is only applicable to the tax on the
income paid abroad by entities in which the taxable person of
IRC with headquarters or effective direction in Portuguese territory detains
directly or indirectly, pursuant to Art. 69 (6), a
participation not less than 5% of the social capital or the rights of
vote, provided that such participation has remained in its title, of
uninterrupted mode, during the 12 months prior to the distribution, ie
held for the time required to complete that period.
4-A The deduction provided for in this Article shall not apply to the tax on the
income paid abroad by entities with a residence or domicile
in country, territory or region subject to a tax regime clearly more
favorable list constant approved by portaria of the Government member
responsible for the area of finance, or by entities held indirectly
by the passive subject of IRC with registered office or effective direction in territory
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portuguese through those.
5-A proof of compliance with the requirements set out in the preceding paragraphs and
of the tax amount effectively paid on the profits and reserves
included in the colletable matter shall be effected by the taxable person through
of statements or documents confirmed and authenticated by the
competent public authorities of the State, country or territory where the
entity that distributes the profits or reserves, and the entities held by this
in the terms of the previous number, have their head office or direction effective.
6-The statements and documents referred to in the preceding paragraph shall integrate
the process of tax documentation referred to in Article 130.
7-A The option mentioned in paragraph 1 is exercised in the periodic declaration of
income. "
Article 3.
Amendment to Regulatory Decree No. 25/2009 of September 14
Article 2 of the Regulatory Decree No. 25/2009 of September 14, amended by the Law
n 64-B/2011 of December 30, passes to have the following essay:
" Article 2.
[...]
1-[...].
2-The cost of acquisition of an asset element is the respective price of
purchase, increased:
a) From the ancientory expenses supported up to your entry into
operating or use;
b) Of the necessary or useful benefactions carried out, according to the
applicable accounting normalization.
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3-[...].
4-[...].
5-[...].
6-[...]. "
Article 4.
Systematic changes
1-A subsection II of Section II of Chapter III of the IRC Code, composed of the articles
26. to 28.-C, passes to have by epitographing " Mensuration and losses by impairments in assets
currents ".
2-A subsection III of Section II of Chapter III of the IRC Code, composed of the articles
29. to 34, it shall have by epitographers " Depreciations, depreciation and loss by
impairments in non-current assets ".
3-A subsection IV of Section II of Chapter III of the IRC Code, composed of the articles
39. and 40, goes on to have by epiggraft "Provisions".
4-A subsection IX of Section II of Chapter III of the IRC Code, composed of the articles
51. to 51.-D, it shall have by episting " Deduction of profits and distributed reserves and of
more and less-valuable ones carried out with the onerous transmission of social parts ".
5-Are added to Section II of Chapter III to subsection IV-The IRC Code, composed
by Articles 39 and 40, with the epiggrafe "Provisions", and VIII-A subsection, composed
by Article 50, with the episting " Renagreements of patents and other rights of
industrial property ".
6-Are added to Chapter III of the IRC Code to section III-A, composed of the article
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54.-A, with the epitome "Establishments stable of resident entities", and the section
VII, composed of Articles 86-A and 86.-B, with the epiggrafe " Simplified regime of
determination of the coletable matter ".
Article 5.
Accounting standards regime applicable to the entities of the scheme
simplified
Notwithstanding the provisions of the paragraph c) of Article 2 (1) of the Decree-Law No 36-A/2011,
of March 9, companies applying the simplified scheme of taxation provided for in the
article 86-The IRC Code can adopt the accounting standards regime
for microentities predicted in that diploma, regardless of the number of
workers.
Article 6.
Transient standard
1-The provisions of Article 45 (1) of the IRC Code, in the essay given by the present
law, applies only to assets acquired on or after January 1, 2014.
2-The provisions of Article 50 of the IRC Code, in the essay given by this Law,
applies only to patents and designs or industrial models registered in or
after January 1, 2014.
3-The provisions of Article 51-C of the IRC Code, in the essay given by this Law, shall be
applicable to the part of the positive difference between the most-valuable and the less-valuable, realized
before January 1, 2001, not yet included in the taxable profit under the terms of the
provisions of the paragraphs a ) and b) of Article 7 (7) of the Law No 30-G/2000 of 29 of
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December, or Article 32 (8) of the Law No 109-B/2001 of December 27,
when the reinvestment has come to fruition, in the respective legal term, in the
acquisition of social parts.
4-The groups of companies to which permission has been granted for the application of the scheme of
taxation for consolidated profit, whose period of validity was still ongoing to the
date of entry into force of the Act No 30-G/2000 of December 29, which have
chosen to pass the special taxation regime of the groups from the
period of taxation that started in the year 2001 and which, by virtue of the changes
introduced to Article 69 of the IRC Code, the dominant society passes
dominated by another society that meets the requirements to be considered society
dominant and that this opts for the inclusion of the societies in the group of which it is, or
pass to be by virtue of those changes, dominant society, to the results
internal still outstanding of incorporation in taxable profit can continue to be
granted the treatment that was coming from being adopted until the end of the taxation period
that started in 2000.
5-A The essay given by this Law to Article 52 of the IRC Code applies to the
tax damages ascertained in periods of taxation that start on or after 1 of
January 2014.
6-In the periods of taxation initiated between 2014 and 2017, the limit referred to in the b)
of Article 67 (1) of the IRC Code, without prejudice to the maximum deductible limit
provided for in paragraph 3 of the same article, it is 60% in 2014, 50% in 2015, 40% in 2016
and 30% in 2017.
7-A The wording given by this Law to paragraphs 3 a to 6 of Article 76 of the IRC Code applies-
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if to the operations that take place on or after January 1, 2014.
8-A The essay given by this Act to Article 93 of the IRC Code applies to the
special payments on account relating to the periods of taxation that are initiated in
or after January 1, 2014.
Article 7.
Evolution of the IRC rate
Taking into account the results achieved by the reform of the taxation of income of the
the collective persons operated by this Law, the IRC fee provided for in Article 87 (1) of the
IRC Code, set to be reduced to 21% in the year 2015, with the aim of fixing it in a
range between 17% and 19% in 2016, depending on an assessment and the evolution of the situation
economic and financial in the country.
Article 8.
Abrogation standard
Article 14 (5) and 11 (5) of Article 23 (5) shall be repealed. e) of paragraph 1 of the
Article 26, paragraph 4 a (7) of Article 30, Articles 35, 36, 37 and 38, Article 41 (2),
Article 45, paragraphs 4 and 7 of Article 48, paragraphs 11 and 12 of Article 51, Article 65 (a) f)
of paragraph 4 and (4) e) of Article 69 (8), Article 74 (8), Article 75 (2), the
Article 85 (4), Article 88 (4) and 13 (7), Article 120 (7) and the
n Article 140 (3) of the IRC Code, approved by the Decree-Law No. 442-B/88, of 30 of
november.
Article 9.
Republication
1-It is republished, in annex to this Act, of which it is an integral part, IRC Code,
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approved by the Decree-Law No. 442-B/88 of November 30, with the current essay.
2-For the purpose of republication where it reads: "Minister of Finance" and " Directorate General of the
Taxes "shall read, respectively" member of the Government responsible for the area of
finance "and" Tax and Customs Authority ".
Article 10.
Production of effects
Without prejudice to the provisions of Article 7, this Law applies to the periods of taxation
to be initiated, or to the tax facts that occur, on or after January 1, 2014.
Seen and approved in Council of Ministers of October 10, 2013
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
