01/25/2022
Supplementary Rates of Moratory Interests
On 25 January 2022, Notice No. 1535/2022 was published, informing that:
- The supplementary rate of moratory interests, without determining the rate or amount, related to credits held by commercial companies, whether they are singular or colective, in force in the 1st half of 2022, is 7 %.
- The supplementary rate of moratory interests, in the case of commercial transactions subject to Decree-Law 62/2013, of 10 May, related to credits held by commercial companies, whether they are singular or colective, in force in the 1st half of 2022, is 8 %.
Withholding Tax Tables for 2022
By Order no. 11943-A/2021, of December 2, 2021, and Order no. 874-A/2022, of January 20, 2022, the withholding tables to be applied in 2022 were published for dependent workers and pensioners residing in Mainland Portugal and in the Autonomous Region of the Azores.
However, since the increases in net income of all pensioners were not safeguarded, on 24 January 2022, the above-mentioned withholding tables were rectified through the publication of Rectification Statements no. 56-A/2022 and 56-B/2022, which apply to residents in the Azores Autonomous Region and Mainland Portugal, respectively.
01/14/2022
Amendments to Model 10, Model 25 and Model 37 Declarations
The Ordinance 278/2021, of December 2, approved the new form for Declaration 10 - "Income and Withholdings - Residents" and the respective filling instructions.
By ordinance 275/2021 of November 30, the new filling instructions of Declaration 25 - "Donations received" were approved, to be filed as of January 2022.
The Ordinance 276/2021, of November 30th, approved the new form for Declaration 37 - "Permanent Housing Interest, Insurance Premiums, Health Expenses Sharing, Retirement Savings Plans and Pension Funds and Complementary Schemes" and the respective filling instructions of the form, to be filed starting in January 2022.
Now, the Order no. 20236/2022, of January 10, 2022, discloses the amendments regarding the delivery of Model 10, Model 25 and Model 37, which are summarized below.
Model 10
- As of January 1, 2022, its delivery is exclusively by electronic data transmission, regardless of the year to which it refers;
- This declaration must be submitted until the 10th of February of the year following that to which the income and withholdings relate, or within 30 days after the occurrence of any fact that determines changes in the income previously declared or implies, in relation to previous years, the obligation to declare them;
- Duplicate forms and tables and fields that were exclusively intended for paper submission of declarations (box reserved for optical reading, fields relating to the date of delivery and signature of the declarant or legal representative) were eliminated;
- The text of the filling instructions in field 02 of box 5 was adjusted, which now includes the indication of income for the years 2017 and 2018;
- The title of box 7 now includes the reference to the "Fair Impediment" regime of short duration (article 12-A of the Certified Accountants' Statute).
Model 25
- The filling instructions were adjusted to introduce amendments to Codes 06, 22 and 23 of the patronage regimes to be inserted in field 02 of box 5 "List of donating entities and donations";
- New codes were created for the donations identification to be inserted in field 02 of box 5 referred to in the previous item, such as Codes 35, 37, 38 and 39.
Model 37
- A reference to "Fair Impediment" was added to the designation of box 4 and two new fields were created in the box, for the identification of (i) "Fact that determined the fair impediment", and for the indication of (ii) "Date of the occurrence of the fact". Note that these two new fields are only to be filled in when the declaration is being filed after the deadline because the certified accountant, identified in field 04, is covered by the fair impediment regime;
- The filling instructions in "Box 6 - Identification of holders and charges/applications" and "Box 7 - Non-compliance of beneficiaries" have been adjusted with the tax number of the taxpayer and the beneficiary, as well as the situations of non-compliance foreseen in paragraph 8 of article 10 of the PIT Code.
Tax Payments Flexibilization Regime
The attached order foresees a revision and adaptation to the tax payments flexibilization regime, referred to in article 98 of PIT Code, article 94 of CIT Code and article 27 of the VAT Code.
We highlight that in the 1st semester of 2022 the obligations foreseen in the above mentioned articles can be fulfilled:
- Until the expiration of the voluntary payment deadline; or
- In three or six monthly installments, of an amount equal to or greater than €25, without interest or penalties.
In addition, this regime applies to personal individuals and corporate entities who meet one of the following requirements: (i) have obtained in 2020 a turnover up to the maximum limit of the classification as micro, small and medium-sized enterprise; (ii) have main activity framed in the classification of economic activity of accommodation, catering or culture; (iii) have started or restarted the activity on or after January 1, 2021.
Finally, in the fulfillment of the obligations the following must be observed:
- Monthly installments related to installment plans are due as follows: first installment, on the date of fulfillment of the payment obligation in question and the remaining monthly installments, on the same date of the subsequent months;
- Requests for monthly installment payments are submitted electronically until the voluntary payment deadline;
- The installment payments covered are not dependent on the provision of any guarantees;
- The taxpayer must have its tax and contributory situation in order;
In all matters that are not regulated, the rules on payments in installments set out in Decree-Law 492/88 of December 30 apply.
01/11/2022
Adjustments to the Activity Classification Table referred to in article 151º of PIT Code
Ordinance no. 23/2022 of 07/01 was published, which adjusts the list of codes mentioned in the table referred to in article 151 of the Personal Income Tax Code.
Therefore, the activity classification table now includes 4 new codes, referring to the following activities:
- (2016) Cultural and artistic mediator
- (2017) Technician of support to cultural and artistic activity
- (8013) Artistic teachers and educators
- (1337) Conservator-restorer
01/07/2022
Taxpayer Current Account
Law no. 3/2022 of January 4 was published, establishing the regime for the extinction of tax payments by offsetting against tax credits, at the taxpayer's initiative.
This includes withholdings at source, autonomous taxation and respective refunds relating to the following taxes:
- Personal income tax;
- Corporate income tax;
- Value Added Tax;
- Excise taxes;
- Municipal property tax;
- Additional to Municipal Property Tax;
- Municipal Property Transfer Tax;
- Stamp duty;
- Single Circulation Tax; and
- Vehicle Tax
The extinction of the above mentioned tax payments is made at the taxpayer's request, by means of an application to be presented as from the moment of the tax assessment and until the extinction of the tax execution process. The request must be addressed to the head of the AT (Tax and Customs Authority), who has 10 days to issue a decision regarding the compensation requested.
Finally, this law will come into force on July 1, 2022.
01/05/2022
Contribution on Plastic or Aluminum Packaging
The attached regulates the contribution on single-use packaging made of plastic or aluminum, or multi-material with plastic or aluminum, to be acquired in ready-to-eat meals, namely regarding the status of taxpayers, the procedures applicable to the release for consumption, settlement, payment and other formalities applicable to the contribution, as well as complementary measures in the field of consumer awareness and information to be implemented by the economic operators involved.
The provisions of this ordinance apply to primary packaging, including service packaging, single-use packaging for food and drinks, manufactured wholly or partially from plastic, aluminum or multi-material with plastic or aluminum, which are purchased in ready-to-eat meals, in the ready-to-serve and take-away systems or with home delivery, called single-use packaging.
When the single-use packaging consists of more than one part, and the parts are placed on the market separately, the contribution applies to the main component, i.e. the container itself.
Single-use packages that contain ready-to-eat meals are included, even if the meals have not been prepared at the point of sale to the final consumer.
Excluded are
a) Single-use packages containing ready-to-eat meals that have not been packaged at the point of sale;
b) Single-use packaging made available in the course of non-sedentary catering or drinking business;
c) single-use packages made available through vending machines for the supply of ready-to-eat meals.
Single-use packages are exempt from the contribution if:
a) are exported by the taxable person;
b) are dispatched or transported to another Member State of the European Union by the taxable person or on behalf of a third party;
c) Are dispatched or transported to the Autonomous Regions of the Azores and Madeira;
d) Are used in a social or humanitarian context, namely in the social distribution of food or in the fight against food waste, by social solidarity institutions and/or other entities in cases where meals are donated
Taxable events
The contribution is levied on the release for consumption, even if irregular, of single use packaging, produced, imported, or acquired in the territory of mainland Portugal.
Taxable persons
The taxpayer is the economic agents that produce or import the single-use packaging referred to in article 2 of this law, having their head office or permanent establishment in mainland Portugal, as well as the purchasers of the same packaging from suppliers having their head office or permanent establishment in the Autonomous Regions of the Azores and Madeira or in another member state of the European Union.
Contribution burden and invoicing
The contribution on single-use packaging is borne by the citizen. The economic agents in the commercial chain must pass on the economic burden of the contribution to the purchaser as a price.
The value of the contribution must be detailed on the invoice, throughout the chain up to the end consumer, and the following information must be included on the invoice:
a) The designation of the product as "single-use packaging";
b) The number of units sold or made available;
c) The amount charged as a price, including the contribution due.
Entry into force and effects
The contribution on single-use packaging applies from July 1, 2022 for packaging made of plastic or multi-material with plastics and from January 1, 2023 for packaging made of aluminum or multi-material with aluminum.
01/03/2022
Template for Annex R of the Simplified Corporate Information (IES) Declaration Model
The attached ordinance approves the model form for Annex R, which is part of the declaration model of the Simplified Corporate Information - Statistical Information - resident entities, whose main activity is commercial or agricultural, non-resident entities with permanent establishment and Limited Liability Individual Establishment.
This new model form must be used in the filling of the declarations that will occur after January 1, 2022, except for the declarations regarding the cessation period or the declarations with special tax period, whose legal deadline for its submission occurs until March 15, 2022, which will be filed through the printed model in force until the date of publication of this ordinance.
New Model of Companies' Simplified Information/ Annual Statement
The attached ordinance approves the cover sheet and models for Annexes D, E and H of the Companies’ Simplified Information/ Annual Statement of Accounting and Tax Information (IES/DA):
- Annex D - CIT - Companies' Simplified Information (resident entities that do not carry out as their main activity a commercial, industrial or agricultural activity;
- Annex E - CIT - tax and accounting information (non residents with no permanent establishment)
- Annex H - CIT and PIT- operations with associated entities and income obtained abroad.
In addition, this ordinance suspends the way in which the information provided through the IES and the data in the SAFT (PT) file are made available to the recipient entities.
This ordinance came into force on January 1, 2022.
