| II - Personal Income Tax (IRS) |
| 1.
Scope 2. Determination of taxable income 3. Rates 4. Assessement and collection 5. Ancillary obligations 6. Guarantees |
IRS - 1
1. Scope
1.1. Effective Scope
1.1.1. Personal Income Tax (IRS)
is levied on the yearly amount of incomes in the categories
enumerated below, after the appropriate deductions and allowances.
Category A - Earned income from
dependent employment
The IRS Code (CIRS) adopts a
considerably broad notion for employment income. Thus, there
shall be liable to tax any remuneration paid or made available to
the employee derived from an employment on somebody else's
account under an individual labour agreement or a similar one,
from services rendered under a contract for purchasing of
services or of a similar nature under the authority or direction
of another person, from the performance of a public job, service
or duty, or from a remuneration received by reason of pre-retirement
or reserve with or without the rendering of services, including,
in particular, wages, salaries, fees, commissions and subsidies,
either periodical or non periodical, fixed or variable, of a
contracting nature or not. Any advantages or benefits resulting
from, or by reason of, a service rendered (as, for instance,
benefits in kind) are also subject to tax.
Category B - Income from self-employment
This category covers income derived
on one's own account from the exercise of a scientific, artistic
or technical activity, within the scope of the professional
activities shown in a list annexed to the Code as well as income
from intellectual (copy-rights and related rights) or industrial
property or from information concerning an industrial, commercial
or scientific experience if derived by their original holder.
This category also covers income
from the exercise on one's own account of an activity consisting
exclusively of services not comprised in other categories,
whenever the taxable person has no employee or collaborator at
his service, as well as any amount payable as an indemnity in
connection with the activity performed or the change of the place
where it is performed, the amounts derived from the exercise of a
fortuitous act of a scientific, artistic or technical nature or
from the performance of services not comprised in other
categories, under the conditions already referred to, and any
subsidies or allowances designed for exploitation within the
scope of eligible activities in the same terms as for the
recipient of income in category C.
There shall be deemed to constitute
income derived by the members of professionals companies (subject
to the fiscal transparency regime) to be included in this
category income resulting from the allocation made according to
provisions and under the conditions of Corporate Income Tax Code
(CIRC).
Category C - Business income
Included in this category are
profits attributable to the exercise of any commercial or
industrial activity as, for instance, profits from fishing,
transport, hotel and touristic activities, profits from
agricultural or cattle-breeding activities not connected with the
exploitation of land or where such exploitation is of a mere
ancillary nature, profits from such activities if embodied in
others of a commercial or industrial nature, as well as profits
arising from any fortuitous act of a commercial or industrial
nature not comprised in other categories. IRS - 2
There shall be deemed to constitute
income of members of companies subject to the fiscal transparency
regime, other than professional companies to be integrated in
this category or in category D, as the case may be, income
resulting from the allocation made according to the provisions
and under the conditions of Corporate Income Tax Code (CIRC).
Category D - Agricultural income
The tax is also levied on income
from agriculture, being considered as such profits derived from
agricultural, forestry or cattle-breeding activities.
Category E - Investment income
Income from capital investment is
equally subject to IRS. This category comprises, namely, interest
from loan contracts and opening of credit, interest and other
income from bank deposits, interest and other income from
securities including government bills, profits from entities
liable to corporate income tax placed at the disposal of
respective members or owners, and income from contracts having as
their object the alienation or temporary use of rights on
intellectual or industrial property or information concerning an
industrial, commercial or scientific experience, when not derived
by the respective author or beneficial owner, as well as profits
from technical assistance and from the use or the right to use an
agricultural, industrial, commercial or scientific equipment,
that are not income from real estate.
Category F - Income from real
estate
For IRS purposes, income from real
estate consists of the rents from rural, urban and mixed property
paid or placed at the disposal of the respective owners.
The Code provides for a concept of
both rent and real estate for this purpose.
Category G - Capital gains
IRS is levied on the following
capital gains to the extent they are not considered to be
commercial, industrial, agricultural or capital income:
Gains from the disposal for
consideration of rights in rem on immovable property, the
appropriation of immovable property belonging to private assets
to a commercial, industrial, agricultural, forestry or cattle-breeding
activity exercised on his own name by the owner thereof, as well
as from the appropriation of rural property connected with the
exercise of an agricultural, forestry or cattle-breeding activity
to a business activity performed by the same person; Gains from the disposal for consideration
of corporate rights, including the remission and depreciation
thereof through capital decrease, and other marketable
securities; Gains from the
transfer for consideration of intellectual or industrial property
or of a commercial, industrial or scientific experience, where
the transferor is not the beneficial owner thereof; Gains from the transfer for consideration
of lease or other rights or assets allocated in a permanent way
to the exercise of an independent professional activity,
including the permanent allocation thereof to any other purpose
not connected with such activity.
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There shall not be liable to tax
capital gains as derived from the transfer of:
Bonds and debentures; Shares owned by the respective owner for
more than 12 months.
Excluded from tax are gains from the
transfer for consideration of buildings designed to the dwelling
house of the taxpayer or of his household, provided that the
result from such disposal is reinvested within 24 months counting
from the realisation date in the acquisition of another building,
building land or in the construction, enlargement or improvement
of another building exclusively for the same purpose.
Category H - Pensions
Retirement, old-age, disability
pensions or survivor's annuity as well as any similar pension and
respective supplements, alimony, temporary or life annuity and
any other pension or subsidy not expressly mentioned are liable
to tax provided they are paid or made available to the
beneficiary thereof.
Category I - Other income
Finally, IRS is levied on winnings
from lotteries, raffles, betting, lotto and bingo paid or placed
at disposal as well as on sums or prizes won in draws or
competitions.
1.1.2. Income in cash or in
kind is liable to tax regardless of the place of its realisation,
the currency and the way how it is obtained.
1.2. Personal Scope
1.2.1. Liable to IRS is any
individual who is a resident of the Portuguese territory and a
non resident individual who derives income therefrom.
1.2.2. In the case of a resident
and his household, if any, the tax is payable on the whole
amount of incomes derived by the persons who are part thereof,
being considered as taxable persons those in charge of its
direction.
The family unit is composed of:
Both spouses not judicially
separated from bed and board and their dependants; Each spouse or ex-spouse, respectively, in
case of a judicial separation from bed and board or of decree of
nullity, annulment or dissolution of a marriage, and any
dependant in charge; Unmarried
father or mother and dependants in charge; Unmarried adopting father or mother and
dependants in charge.
For such purpose, the following are
considered as dependants:
Adopted children and stepchildren,
minor of age and not emancipated;
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Adopted children and stepchildren,
major of age, who are not more than 25 years old, not deriving an
yearly income higher than the domestic minimum Wage and having
attended in the year to which the tax relates the 11th or 12th
year of schooling in a middle or higher educational establishment
or concluded their obligatory military service or civil service;
Adopted children or stepchildren,
major of age, who are unable to work and to provided for their
own maintenance, provided that they do not derive income higher
than the maximum domestic minimum wage; Minors in wardship provided that they are
not deriving any income.
Dependants may however be taxed
separately unless, as in the case of minor and not emancipated
adopted children or stepchildren, the administration of incomes
derived by them is not fully carried out by them.
In the case of a resident within the
Portuguese territory IRS is levied on the overall income,
including income from outside that territory.
1.2.3. On the other hand, in
the case of a non-resident, IRS shall be levied only on
income derived within the Portuguese territory, in the hands of
the beneficiary thereof according to the rules applying to an
unmarried, widowed, divorced or legally separated taxable person,
regardless of his personal or family situation and without
prejudice to the legal provisions concerning deductions and
allowances.
1.2.4. In accordance with the
provisions of the IRS Code, considered as resident in the
Portuguese territory are persons who, in the year to which the
income relates:
Spend in the whole more than 183
days there; Having stayed
there for less than 183 days, have at their own disposal on 31
December of that year a dwelling place in such conditions that it
may be inferred that there is the intention to keep and occupy it
as an habitual abode; Are, on
31 December, crew members of a ship or aircraft if such crew
members are in the service of an entity having its domicile, head-office
or effective management in such territory; Are exercising abroad a public function or
commission in the service of the Portuguese Government.
There shall be considered always as
resident in the Portuguese territory those persons who are
members of the family unit, provided that any of the persons to
whom the direction belongs is a resident therein.
Under the IRS Code, the following
are also deemed to be obtained within the Portuguese territory:
Earned income derived from an
activity therein exercised, as well as from any fortuitous act of
a scientific, artistic or technical nature therein performed, or
from services comprised in category B; Income from services rendered aboard a
ship or aircraft, provided that the beneficiaries thereof are in
the service of an entity with its domicile, head-office or
effective management in such territory;
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Income in relation to intellectual
or industrial property or information concerning a commercial,
industrial or scientific experience, from the use or the right to
use an agricultural, commercial or scientific equipment, provided
they are not income from real estate, income from technical
assistance payable by an entity with its domicile, head-office,
effective management or permanent establishment therein to which
the payment must be attributed, as well as when there has been
any registration or corresponding formality there or if the
assets have been used or the right from which they derive has
been exercised there; Commercial,
industrial or agricultural income attributable to a permanent
establishment situated therein, as well as income from an agency
commission for concluding contracts or income of a commercial,
industrial or agricultural nature as derived from other services
performed or used within the Portuguese territory other than
those concerning transports, communications and financing
activities provided they are payable by an entity having its
domicile, head-office, effective management or a permanent
establishment therein to which the payment may be imputed;
Income from capital payable by an
entity having its domicile, head-office, effective management or
permanent establishment therein to which the payment must be
imputed; Income from real
estate situated therein, including capital gains from the
transfer thereof; Capital gains from the transfer for
consideration of capital participation and other marketable
securities issued by a company having its head-office or
effective management in this territory; Capital gains from the alienation of
intellectual or industrial property or a commercial, industrial
or scientific experience, whenever the transferor is not its
beneficiary owner, and where the registration or any similar
requirement has been performed therein; Capital gains from the transfer for
consideration of rights and assets in connection, in a permanent
way, with the exercise of an independent professional activity,
where the assets to which they relate are situated therein;
Pensions and winnings from
lotteries, betting or other games, payable by an entity having
its domicile, head-office, effective management or permanent
establishment therein to which the payment must be imputed.
A permanent establishment is deemed
to be any fixed place of business or permanent representation
through which a commercial, industrial or agricultural activity
is performed.
There shall not be deemed to be
obtained within the Portuguese territory income from intellectual
or industrial property, from information concerning an
industrial, commercial or scientific experience, income from the
use or the right to use an agricultural, industrial, commercial
or scientific equipment, income from other capital investment,
remuneration received as a member of the statutory bodies of a
corporate person and other entities, winnings from lotteries,
betting or other games, and the amounts or prizes attributed in
draws or contests, provided they are attributable as a charge to
a permanent establishment situated outside the Portuguese
territory in respect of the activity exercised through it.
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A permanent establishment is deemed
to include an agricultural, forestry or cattle-breeding activity
as well as a mine, an oil or gas well, a quarry or any other
place of exploration or exploitation of natural resources,
situated in the Portuguese territory.
A permanent establishment is also
deemed to exist whenever an activity is exercised within the
Portuguese territory through employees or any other personnel
engaged for that purpose, for a period or periods of at least 120
days in any twelve month period of time.
For the purposes of applying the
fiscal transparency regime to which reference is made in the
Corporate Income Tax Code, the partners or members of an entity
subject thereto who are not resident in the Portuguese territory
are deemed to obtain such income through a permanent
establishment situated therein.
2. Determination of taxable
income
2.1. The taxable income under
IRS is income resulting from the aggregation of incomes of
different categories derived each year, after deductions applying
to each income category and allowances also provided for under
the Code.
2.2. Due regard being had to
the fact that the IRS is levied on real incomes, in relation to
incomes belonging to categories B, C or D the Tax Administration
shall not make use of indicatory methods unless there is evidence
of absence, anomaly or inaccuracy in the accounts or accounting
books and where the taxpayer does not comply with his duties.
2.3. In relation to
deductions, there are some specific rules applying to each income
category:
Category A
From gross income derived from
dependent personal services there shall be deducted for each
income earner 70% of its amount up to a limit of Esc. 498,000 or,
if higher, 71% of twelve times the maximum domestic minimum wage.
If, however, any compulsory social
security contributions are in excess of this threshold, the whole
amount of such contributions shall be allowed as a deduction.
The general limit shall be increased
by 50% in the case of a taxable person whose degree of permanent
disability is equal or higher than 60%.
Category B
Within the scope of income from
independent personal services (self-employment), expenses
incurred in generating income shall be deducted. The deduction of
any such expenses is limited as for instance travelling,
entertainment and professional improvement expenses. On the other
hand, depreciation of motor vehicles and connected insurance
shall not be allowed over 50%. To be noted that there is also a
general deductible limit for most expenses, which shall not
exceed 32.5% of gross income or services rendered by a taxable
person without a proper accounting.
Depreciations, excepting the limits
established, are subject to the provisions of the Corporate
Income Tax Code.
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Categories C and D
In the determination of the taxable
profit derived from an industrial or agricultural activity, the
rules laid down by the IRC Code shall be applied, subject to
certain adjustments.
The CIRS (as the CIRC) establishes a
number of conditions giving rise to a tax neutrality regime where
business assets are employed for the realisation of capital of a
new company, that is to say, where no taxable amount is assessed
by reason of a equity capital realisation as a result of the
transfer of the whole assets affected to the exercise of a
commercial, industrial or agricultural activity.
Category E
No deduction allowed from income
from capital.
Category F
According to the Code, there shall
be allowed as a deduction from gross income from real estate
maintenance and conservation expenses incumbent upon, and
incurred by, the taxable person provided they are duly
substantiated.
Category G
The amount of incomes in this
category corresponds to the balance found between capital gains
and losses realised in the same year, as determined according to
the Code. However, excepting gains from the transfer for
consideration of any corporate rights, the above mentioned
balance, both positive and negative, shall be taken only by 50%
of its amount.
In determining capital gains or
losses, consideration shall be given to the realisation value and
the acquisition value, the later being adjusted in certain
circumstances, in particular, according to the monetary
devaluation coefficient.
Category H
In relation to incomes in this
category, those incomes whose yearly amount is equal or lower
than Esc. 1 415 000 for each beneficiary shall be fully deducted.
However, if the annual income for each beneficiary exceeds that
amount, the deduction shall be equal to the above mentioned
amount. This limit shall be increased by 30% where the
beneficiary thereof has a degree of permanent disability equal or
higher than 60% if duly certified by the competent entity.
Category I
No deduction is granted to winnings
from gambling.
2.4. In accordance with the
provisions and terms of the IRS Code, losses incurred in the
different income categories are allowed as deductions. 2.5. In determining the taxable
income of a taxable person who is a resident in the Portuguese
territory, there shall be granted as a deduction from the overall
net income the following allowances if duly substantiated:
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a) Amounts paid and
unreimbursed in relation to health expenses incurred by the
taxpayer and his household, as well as interest on loans for
payment thereof;
b) Amounts paid and
unreimbursed concerning health expenses of the taxpayer's
ascendants and collaterals to the third degree, where disabled
and receiving income no higher than the minimum national wage,
provided they live in common economy with the taxable person;
c) Education expenses of the
taxpayer and his dependants;
d) Costs incurred with
nursing homes or other institutions for old-age care in respect
of the taxpayer's ascendants or collaterals to the third degree,
receiving income no higher than the minimum national wage;
e) Debt interest and
redemption incurred in connection with the acquisition,
construction or improvement of a permanent owner-occupied
dwelling-house or with the lease of a permanent home of the
tenant if duly substantiated, other than redemption related to
the discounting of a housing-savings account balance; payments
due on contracts entered into with housing co-operative companies
or within the scope of a group acquisition regime, for the
purpose of acquiring a permanent owner-occupied dwelling-house or
for the lease of a permanent home of the tenant, if duly
substantiated, for that part in respect of interest on, and
redemption of, the corresponding liabilities; the amounts net of
any official grant or subsidy paid as rents by the lessee of a
building or part thereof for his own and permanent home, if
relating to lease contracts concluded under the Urban Rental
System, as approved by Decree Law nr. 321-B/90 of 15 October, or
as rents under a leasing agreement in respect of a permanent
owner-occupied dwelling house subject to this regime, for that
part which does not represent a capital depreciation, provided
that such immovable property is situated within the Portuguese
territory;
f) Life insurance premiums
covering exclusively death, disability or old-age retirement
risks, provided that in the last-mentioned case the beneficiary
thereof is covered after 55 years of age and for a period of five
years, as well as health or personal accident insurance, any
contributions for pension funds or any other complementary social
security scheme under the terms laid down in the Code in respect
of the taxable person or his dependants, paid by him or by third
persons, provided that in such case they have been subject to tax
as income in accordance to the provisions of the Code (these
allowances shall not be granted unless the entity that is the
beneficiary of such premiums or contributions has its head-office,
the effective management or a permanent establishment through
which its activity is exercised in the Portuguese territory);
g) Compulsory alimony
payments made by the taxpayer under a court decision or legal
obligation;
h) Any indemnity payable
under a court order or legal obligation, by the employee to his
employer on the unilateral cancellation of a personal labour
contract without previous notice or, in all other cases, any
indemnity the amount of which does not exceed the basic
remuneration corresponding to the prior notice;
i) Contributions to
professional unions for that part not representing a counterpart
to health, education, third age support, housing, insurance or
social security benefits.
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Allowances referred to under
subparagraphs c), d) and b) for that part concerning health
expenditure relating to non-disabled ascendants, shall not exceed
Esc. 166,000 in the case of unmarried or legally separated
taxable persons, or Esc. 332,000, in the case of married or not
legally separated taxable persons, without prejudice to the
following provisions:
a) The limits referred to
under nr. 2 shall be raised to Esc. 385,000 regardless of the
taxable person civil status if relating to education expenses
incurred by the taxpayer himself or by his dependants, provided
that they are not the beneficiary of a pension intended to cover
such purposes;
b) With regard to any
household with three or more dependants in charge, the limit
referred to under subparagraph a) shall be raised by Esc. 35,000
for each dependant, if any, concerning education expenses.
Allowances referred to under
subparagraph e) may not exceed Esc. 308,000.
The amounts paid by a taxable person
in respect of insurance premiums comprised in subparagraph f) are
deductible under the conditions and subject to the limits of Esc.
36,000 in the case of unmarried or judicially separated persons,
or Esc. 72,000 in the case of married or not judicially separated
persons, provided that payments of lifetime capital is not
guaranteed nor does it occur, namely by way of redemption or
advance other than in the above-mentioned terms.
Allowances granted under
subparagraph i) shall be taken into consideration for that part
not exceeding 1% of gross income of categories A or H of the
taxable person, increased by 50%.
Donations made to the central,
regional or local administration, as well as to a foundation in
which the State, the Autonomous Regions or local authorities hold
at least 50% of its initial funding or, if the participation is
lower, subject to authorisation and within certain limits, the
donations made, in particular, to churches, religious
institutions or non-profit making legal entities belonging to, or
instituted by, religious creeds, as well as to a museum, library,
school, cultural, research, social welfare or charity institution
shall be deducted from income thus assessed up to 15% of net
income. Such donations shall be allowed as a deduction for an
amount equal to 130% of its total amount..
2.6. Unlike resident persons,
insofar as non-residents are concerned, there is no
aggregation of incomes, being subject as a general rule to final
withholding tax rates (see paragraph 3.3.).
2.7. The assessment of
taxable income is based on a yearly tax return that in the case
of a family unit or household must be only one. In the case of a de
facto separation two separate tax returns are admitted.
With regard to non-residents,
if required to produce a tax return (income not exclusively
liable to final withholding tax rates), separate returns shall be
lodged with by both spouses.
3. Rates
3.1. The IRS general rates
are as shown in the following table:
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The amount of taxable income if
higher than Esc. 1080,000 is divided into two parts: one equal to
the limit of the highest bracket comprised therein, to which the
rate of column B corresponding to such bracket applies; the other
equal to the exceeding fraction to which the rate of column A
corresponding to the next highest bracket applies.
In relation to taxable persons who
are married and not legally separated from bed and board, the
applicable rates are those corresponding to the taxable income
divided by 2. The tax rates shall apply to the quotient of
taxable income, and the obtained result is multiplied by 2 to
determine the IRS taxable amount.
3.2. A taxpayer who is a resident
in the Portuguese territory may credit against his final tax
liability under IRS, the following amounts inter alia:
a) Esc. 35,200 for each
taxable person, unmarried or legally separated from bed and board
(this limit may be raised by 50% in the case of a disabled
taxpayer);
b) Esc. 26,800 for each
taxable person, married and not legally separated from bed and
board (this limit may be raised by 50% in the case of a disabled
taxpayer);
c) Esc. 19,400 for each
dependant who is not liable for IRS; this amount is increased in
respect of each dependant in the same conditions by Esc. 220, 00,
440,00 or 560,00, respectively, depending on the household being
formed by two, three or more dependants (this limit may be raised
by 50% in the case of a disabled taxpayer);
d) Esc. 19,400 for each
ascendant living under a regime of joint economy with the taxable
person and not deriving income higher than the minimal social
pension of the general scheme; each ascendant shall not be
included in more than one household;
e) An amount equal to 60% of
the corporate income tax levied on profits placed at disposal of
the beneficiaries thereof, as well as on income from a division
resulting from the liquidation of such entity which may be
qualified as income from capital where, in both cases, an
aggregation occurs (such deduction shall only take place where
the entity distributing the profits or object of liquidation has
its head-office or effective management in Portugal and the
beneficiaries thereof are resident therein).
The recipient of income from
independent personal services, or commercial, industrial and
agricultural income derived from abroad shall be entitled to a
tax credit for international double taxation to be allowed as a
deduction up to that part of the IRS taxable amount proportional
to such net incomes which is equal to the lesser of the following
amounts:
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a) Income tax pais abroad;
b) That part of the IRS
taxable amount as calculated before the deduction is given that
corresponds to those incomes which may be taxed in the country
concerned.
Any advance payment and amount
withheld at source for taxation purposes relating to the same
fiscal period shall also be deductible.
3.3. The IRS Code also
provides for the application of final withholding tax rates on
certain incomes.
There shall be subject to a 25%
rate, other than incomes comprised in sub-paragraph b) which are
taxed at a 35% tax rate, the following:
a) Income from registered or
unregistered shares;
b) Winnings from raffles,
totoloto and lotto, as well as draws or competitions;
c) Income from dependent and
independent professional services other than income from
intellectual property if derived by a non-resident in Portugal;
d) Profits (including
payments on account of profits) payable by an entity subject to
corporate income tax, placed at the disposal of its members or
beneficiaries, where derived by a non-resident in Portugal;
e) Pensions received by a non-resident
in Portugal;
f) Winnings from lotteries,
betting and bingo.
Subject to a 20% rate are:
a) Interest on demand and
fixed-term deposits;
b) Income from registered or
unregistered securities, as well as income from carry-over
transactions, disposal of credit, securities accounts with price
guarantee or other similar or identical operations;
c) Income corresponding to
the difference between the amounts paid as a redemption, advance
payment or maturity of a life insurance policy and the premiums
already paid (and all other income comprised in paragraph 2 of
Article 6 of the Code) ;
d) Any income from capital
not expressly taxed at a different rate derived by a non-resident
in Portugal.
Subject to a 15% tax rate are:
a) Income in connection with
a contract the object of which is the disposal or the temporary
use of rights on intellectual or industrial property or
information concerning an industrial, commercial or scientific
experience, if not received by the original owner thereof, as
well as income from technical assistance and income from the use
or the right to use an agricultural, industrial, commercial or
scientific equipment, other than income from real estate, if
derived by a non-resident in Portugal;
b) Agency fees in relation to
contracts concluded, as well as income derived from other
services rendered or used within the Portuguese territory other
than those concerning transports, communications and financing
activities paid or made available to a non-resident in Portugal;
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c) Income from intellectual
or industrial property or in respect of information concerning
industrial, commercial or scientific experiencein if derived by
its original owner who is a non resident of Portugal.
The final withholding rates apply to
gross incomes, excluding pensions, which benefit from the above-mentioned
deduction.
Incomes payable by an entity having
its head-office, domicile, effective management or a permanent
establishment in the Portuguese territory, to which such payment
is attributable, may be aggregated by option of the respective
holder, if he is a resident of the Portuguese territory, where
not derived from a commercial, industrial or agricultural
activity:
Income from registered or
unregistered securities, as well as income from carry-over
transactions, disposal of credit, securities accounts with price
guarantee or any other similar or identical transaction; Income from registered or unregistered
shares; Interest on demand
and fixed term deposits, and income from a contract for the sale
of currency in a demand or time deposit account with a credit
institution; Income
corresponding to the difference between the amounts paid as a
redemption, advance payment or maturity of a life insurance
policy and the premiums already paid (and all other income
comprised in paragraph 2 of Article 6 of the Code).
If such an option is made, any
withholding shall be deemed to represent a payment on account of
the final tax due.
On the other hand, the credit
balance between capital gains and losses as computed in the
transfer for consideration of corporate rights and other
marketable securities is taxed at a final withholding rate of 10%.
This withholding rate releases the income earner from his tax
liability unless he shall opt for its aggregation.
3.4. The amount payable
within the scope of IRS shall not be increased by any surtax.
4. Assessment and collection
The IRS assessment is incumbent upon
the Central Services of the Directorate General for Taxation and
must be carried out in the year following that to which income
relates, according to the time limits laid down in the Code.
The IRS assessment, even if an
additional one, as well as its adjustment shall take place only
during the five years immediately following that to which the
income relates, and must be notified to the taxpayer in the same
period of time.
The IRS must be paid within the time
limit fixed by law.
Compulsory withholding at source is
required in certain situations (v.g., in respect of incomes in
categories A, B, E, F and H and agency commissions for concluding
contracts).
As far as it concerns income subject
to final withholding tax rates:
a) The income payer entity
shall deduct the amounts corresponding to the fixed rates;
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b) Income from registered or
unregistered securities that is paid or placed at the disposal of
the beneficiary thereof, who is a resident of the Portuguese
territory, by an entity on behalf of an entity that has not its
domicile, head-office, effective management or a permanent
establishment therein to which such payment may be attributed,
shall be deducted by an amount corresponding to a 25% rate for
income from shares and to a 20% rate in all other cases.
When liable to income aggregation,
the earners of income from self-employment and from a commercial,
industrial or agricultural activity are required to make payments
on account of the final tax due in the same year to which such
income relates. 5. Ancillary obligations
The IRS Code establishes different
ancillary obligations: statement of beginning or termination of
an activity, accounting records or books for tax purposes,
issuing of receipts, notification of incomes and withheld
amounts, etc.
Among the different ancillary
obligations provided for under the IRS Code, reference must be
made to non-residents deriving income subject to IRS, who are
required, by reason thereof, to appoint both an individual or a
legal person with domicile or head-office in Portugal to
represent them before the Directorate General for Taxation and to
guarantee that their tax obligations are to be complied with.
Such appointment is made upon the
statement of beginning of activity or of registration of taxpayer
code number, its acknowledgement by the authorised representative
being required to be appropriately expressed.
On the other hand, any taxable
person who is required to keep a duly organised accounting or
books for tax purposes shall centralise such tax records at his
tax domicile or in a permanent establishment or fixed base
situated in the Portuguese territory.
6. Guarantees
Any taxable person liable for IRS,
his representative and the person responsible for the payment of
tax may lodge a claim or object against tax assessment on the
grounds of, and under the conditions laid down in the Tax
Proceedings Code.
This faculty is equally granted to
those entities which, by reason of the duty to withheld the IRS
at source, have deposited with the Treasury, as a result of a
material error, an amount higher than the amount effectively due.
.