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Technical News – August 2023

© Jacob Dahgren

PORTUGUESE CASE-LAW

  • Main new developments in case-law:
Court Tax  Link  Take-away
CAAD PIT Aqui In the acquisition of real estate by inheritance, the moment of acquisition is always that of the opening of the inheritance, even when assets are acquired in the division that exceed the heir’s ideal share.
TCAN PIT Aqui The exchange of a present asset for a future asset is only taxed under PIT in the sphere of the exchanger of the present asset when the future asset is transferred to them or they take possession of it.
CAAD CIT Aqui For a negative change in equity to be deductible, it is necessary that (a) its deductibility is not expressly denied in the tax law and (b) it constitutes an expense that is abstractly deductible according to the tax law.
TCAS PIT Aqui As long as the allowances do not exceed the legal limits, they are presumed to be true. It is therefore up to the PTA to prove that the subsistence allowance is in fact remuneration.
 TCAN VAT  Aqui  To consider that a financial transaction is subject to VAT when it benefits from an exemption is an error of law (reimbursement in 4 years) and not an error of calculation (reimbursement in 2 years).
 CAAD VAT Aqui  The cancellation of reverse charge VAT depends on the correction of the respective invoices by the taxable person.
CAAD  VAT Aqui The waiver of the VAT exemption on property transactions depends on the entity that waived the exemption directly carrying out the activity subject to and not exempt from VAT and not by any other entity to which it has transferred the exploitation of the property.
CAAD  VAT Aqui The Arbitration Court does not have jurisdiction to assess the legality of the rejection of the request for authorisation to regularise VAT if that act does not include an assessment of the legality of any self-assessment act.
CAAD VAT Aqui The reduced VAT rate in urban regeneration depends on the intervention being carried out in a previously delimited area, and proof that the intervention is part of an approved urban regeneration operation is also required.
TCAS VAT Aqui The restrictions on deduction in article 21 of the CIVA, which are subsumed in legal presumptions of non-assignment to taxable operations, must be proven otherwise (article 73 of the LGT), so as long as the assignment of the expenses to the taxable activity of the taxable person is confirmed in the specific case, the deduction of the VAT incurred is legitimate.

 

LEGISLATION AND INFORMATION ISSUED BY THE PTA

  • Main news in terms of legislation and AT information:
Legislation Tax Link Take-away
PIV PIT Aqui Extraordinary rental support does not include commercial rentals.
PIV CIT Aqui Warehouse for delivery of products to Portuguese clients can generate a permanent establishment if the ADT/MLI provides for it.
Tratado SS Aqui Multilateral Convention on Social Security of the Community of Portuguese-Speaking Countries.
Novo Manual – Exportações Customs Aqui New manual for filling in export declarations in preparation for the future Automatic Export System.
Novo Manual – Importações Customs Aqui New manual for filling in import declarations.
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