Tax and Customs Authority
Binding Information relating to Case No. 2012 003690 of 2 July 2013, published on 4 November 2013
Light passengers or mixed vehicles: tax deductibility of payments and autonomous taxation of the costs associated to renting agreements

With the binding information above, the Tax Administration clarifies interpretation issues arisen about no. 4 of the binding information previously published on the same subject in case no. 2011 004399, regarding the acquisition cost to be taken into account for the calculation of the autonomous taxation and of the deductible value of the rent expenses (assessed on the basis of the annual depreciations’ value which should be deductible).

Therefore, it is clarified that the relevant acquisitions cost corresponds to the retail price (or to the discounted price) used by the lessor in the determination of the monthly payments, including the residual value plus the applicable Value Added Tax.

Tax and Customs Authority
Binding Information relating to Case No. 205.20.10-24/2013, of 6 November 2013, published on 15 November 2013
Dispatching to the Autonomous Regions of products subject to Tax on Oil and Energy Products previously released for consumption in Mainland Portugal

In light of this Binding Information, the dispatching of oil and energy products already released for consumption in Mainland Portugal, and, therefore, not covered by the tax suspension scheme, entails the filing of a Pedido de Autorização de Recepção (Application for Authorisation of Receipt) at the regional customs of the destination and, after receipt of the products and payment of the tax due, a Declaração de Introdução no Consumo (“DIC”) (Declaration of Release for Consumption) and a Documento de Acompanhamento Simplificado (“DAS”) (Simplified Accompanying Document).

These transactions are subject to the tax refund scheme, following an application to be submitted by the taxpayer subject to taxation in Mainland Portugal (typically, the dispatcher of the products), which shall be accompanied by proof of the collection, the number of the DIC, a copy of the DAS stating the receipt of the goods by the recipient and proof of payment of the tax in the Autonomous Region of destination.

Tax and Customs Authority
IR and International Relations Area – Office of the Sub-director-General
Circular No. 20168/2013 of 7 November

Following the decision of the Court of Justice of the European Union of 6 October 2011, with this circular the Tax and Customs Authority clarifies that withholding of the corporate income tax on dividends distributed until 31 December 2011 arising from holdings held in pension funds established in other Member States of the European Union or in the European Economic Area, in respect of which administrative complaints or hierarchical appeals are pending, must be annulled.

Tax and Customs Authority
VAT Management Area – Office of the Sub-director-General
Circular No. 30155/2013 of 14 November

This circular letter provides clarifications concerning Portaria No. 255/2013, which approved new models of annexes relating to the regularisation of fields 40 and 41, which are an integral part of the VAT return.

Taxable persons registered in the monthly scheme, that insert regularisations in their favour in field 40 or in favour of the State in field 41, should fill in the new annexes in the tax returns relating to the transactions carried out in October 2013 and taxable persons registered in the quarterly scheme should do so in the tax return relating to the transactions carried out in the 4 quarter of 2013.

Both in the cases in which the purchaser is not a taxable person and has not given his tax ID number to the supplier of the goods or services, and in the cases in which the purchaser is a final consumer non-resident in the national territory, the space intended for the tax ID number in the column to which field 2 respects must not be filled in, and it is not permitted to use number 999 999 999 or any other indication.

In these situations, as in those in which the taxable person is not established nor registered for VAT purposes in the national territory, regularisations may be entered globally in a single line of the annex to which field 40 of the VAT return refers, in the corresponding tax period.

Certification by a Chartered Accountant is mandatory for the following claims:

  • Claims referred to in article 78(8) of the VAT Code (“CIVA”) that shall be entered in table 2;
  • Claims referred to in article 78(7) of the CIVA, that have fallen due before 1 January 2013 but considered as bad debts thereafter, which shall be entered in sub-table 1-C;
  • Doubtful debts and bad debts, respectively referred to in article 78-A (2) and (4) of the CIVA, which have fallen due from 1 January 2013.