Portuguese Government has approved new measures to ease several declarative, payment and invoicing obligations.

It was also published the postponement of the delivery of the SAF-T (PT) file, related to accounting.

Postponement of SAFT/IES

Submission of SAF-T (PT) file on accounting, as well as the information to be provided through the IES, is extended for another year.

Thus, the rules defined in 2019 will only apply to the IES/DA of the 2024 and subsequent periods, to be delivered in 2025 or subsequent periods.

However, the requirement relating to the single document code (ATCUD), and its affixing on all invoices and other fiscally relevant documents will be mandatory from 1 January 2023.

Thus, as of that date, and in relation to transport documents, it is established that the documents communicated to the AT are considered to have been shown as long as the identification code is presented, and the unique document code and the two-dimensional bar code (QR code) are presented, when this is compulsory.

We recall that extraordinary support is in force for the implementation of the SAF-T (PT) file submission regarding accounting and single document code, which only applies to micro, small and medium-sized companies, and which is in force until the end of 2023.

Payment of taxes by instalments

Regarding the regime for payment in instalments of taxes in the pre-executive and executive phases, which approved exceptional regimes for payment in instalments in the year 2022, a new rule is added.

Therefore, and with effect from 15 November 2022, an exceptional regime of relaxation of tax obligations for 2022 is established.

Thus, taxable persons qualified as cooperatives or as micro, small and medium-sized enterprises or as small mid-caps, may be exempt from half of the 3rd payment on account of IRC for the tax period beginning on or after 1 January 2022, without prejudice to the application of the rule on limitations to payments on account of IRC for the part not covered by the exemption.

This rule only applies to supplies made by the controlling company as a result of the application of the special regime for the taxation of groups of companies under the IRC Code when all the companies in the group are classified as micro, small, medium or small-medium capitalisation companies.

In November and December 2022, the taxable persons referred to – cooperatives or as micro, small and medium-sized enterprises or as small-medium capitalisation enterprises – may pay the monthly or quarterly VAT in three or six monthly instalments, of a value equal to or greater than €25, without interest.

As of 1 January 2023, a complementary regime of deferred tax obligations comes into force.

Thus, VAT payment obligations can be met:

• by the end of the period for voluntary payment;
• up to three monthly instalments, of a value equal to or greater than EUR 25, without interest or penalties, in respect of the obligations to be fulfilled in the first half of 2023; or
• up to three monthly instalments, of a value equal to or greater than 25 euros, without interest or penalties, not exceeding the number of months remaining until the end of the year in question, for obligations to be fulfilled in the second half of 2023.

Monthly instalments for instalment plans are due as follows:

• first instalment, on the date of fulfilment of the relevant payment obligation; and
• remaining monthly instalments, on the same date of the following months;
• requests for payment in monthly instalments are submitted electronically until the deadline for voluntary payment;
• payments by instalments covered by this scheme do not depend on the provision of any guarantees;
• taxpayer must have his tax and social security situation in order.

References

Decree-Law No. 85/2022 – DR No. 244/2022, Series I of 21.12.2022, Articles 6, 7
Decree-Law No 125/2021 – DR No 252/2021, Series I of 30.12.2021, new Articles 16b and 16c
Order No. 331-D/2021 – DR No. 253/2021, 3rd Suppl, Series I of 31.12.2021
Decree-Law no. 147/2003 – DR no. 158/2003, Series I-A of 2003-07-11

Source: OCC

Golden Executive – Consultores, Lda | Technical Advisory Department

This text is merely informative and does not exempt the reading and interpretation of the supporting legislation in force, as well as for taking any decision or action that may affect your assets or business you should consult Golden Executive – Consultores, Lda.
NEW MEASURES TO EASE SEVERAL REPORTING OBLIGATIONS.

The Secretary of State for Tax Affairs has ordered a relaxation of the tax calendar.

Despacho n.º 8/2022-XXIII, de 13/12, do SEAF

Communication of inventories to the AT

1. The communication of the elements of invoices and other fiscally relevant documents to the E-Fatura Portal (art. 3 of Decree-Law 198/2012, of 24 August) can be made until the 8th day of the month following their issue, without any penalty;
2. In relation to the communication obligations in August, this is transferred to the last day of that month, working day or not (article 57-A of the LGT).

The tax administration will implement an alert system, sending out communications to support compliance to taxpayers who do not make this report on time (until the 5th day of the month following the issue of the invoice.

Electronic invoices for tax purposes

1. Inventory reporting for 2022 tax period can be done until the end of February 2023, or until the end of the 2nd month following the end of the tax period for taxpayers with a tax period different from the calendar year;
2. Inventory reporting continues to be made without the respective valuation, using the reporting file format initially set out in Order-in-Council no. 2/2015, of 6 January. The valuation of inventories provided for in Ministerial Order no. 126/2019, of 2 May continues not to be reported.

Electronic invoices for tax purposes

It continues to be possible to use mere “PDFs” when issuing invoices during 2023, being considered as electronically processed invoices for tax purposes under article 12 of Decree-Law no. 28/2019 and article 10 of article 36 of CIVA.

References

Administrative Order No. 8/2022-XXIII, SEAF, dated 13.12.2022

Source: OCC

Golden Executive – Consultores, Lda | Technical Advisory Department

This text is merely informative and does not exempt the reading and interpretation of the supporting legislation in force, as well as for taking any decision or action that may affect your assets or business you should consult Golden Executive – Consultores, Lda.
Flexibilization of the tax calendar