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Technical News – September 2023

© Jacob Dahgren

CASE-LAW

  • Main new developments in case-law:
Court Tax  Link  Take-away
TCAS PIT Here Only works that alter the property’s taxable value count as reinvestment of capital gains in improvement works.
TCAS CIT Here Services provided in connection with training courses and conferences are not taxed in Portugal if the organiser is foreign.
CAAD PIT Here Compensation received for the expropriation of immovable property for public utility is not taxed under PIT.
CAAD CIT Here Form 21-RFI is a mere formality, so its submission, even if late, justifies not withholding tax under the ADT.
CAAD PIT Here The minor children of non-habitual residents do not benefit from the scheme.
CAAD CIT Here Expenses incurred by the parent company in the direct and immediate interest of a company in which it has a stake and which have not been imputed or redebited are not deductible from CIT.
CAAD PIT Here Capital losses obtained in Brazil must be deductible under PIT against operations of the same nature.
CAAD VAT Here Underpaid VAT on real, non-fraudulent transactions can be deducted
TJUE VAT Here Anyone who has paid VAT incorrectly invoiced by a supplier and handed over to the state is entitled to ask the AT directly for a refund if they can no longer claim it from the supplier.

 

LEGISLATION AND INFORMATION ISSUED BY THE PTA

  • Main news in terms of legislation and AT information:
Legislation Tax Link Take-away
Circular letter AT Here Doubts raised regarding the application of the incentive scheme for professional valorisation under CIT.
Note  Embaixada da Suíça Here Procedures for the reimbursement of Swiss VAT by national operators.
Binding Information AT Here Tour packages made with your own funds may be excluded from the special regime for travel agencies.
Circular letter AT Here The reduced VAT rate only applies to absorbent and waterproof products for human protection and hygiene.
Binding Information AT Here VAT paid on tolls for light goods vehicles with up to 3 seats can be deducted provided that the vehicles are used to carry out taxed transactions.
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