TAX ALERT 21 | FLEXIBILITY OF TAX OBLIGATIONS

The Decree-Law No. 85/2022, of December 21, which introduces measures to ease various reporting, payment and invoicing obligations and simplifies tax obligations arising from the sale of excess electricity produced for self-consumption to the grid.

Flexibility of tax obligations

1. VAT: In November and December 2022, taxpayers who are Micro, SMEs, or Small Mid Caps may proceed with the payment of VAT, in three or six monthly installments, with an amount equal to or greater than (euro) 25, without interest;
2. IRC: The possibility of waiver for Cooperatives, Micro, SMEs or Small Mid Caps, of half of the third payment on account of the IRC, relative to the taxation period that begins on or after January 1, 2022, the waiver also being applicable to dominant companies under a special regime for the taxation of groups of companies, provided that all companies that make up the group are classified as Micro, SMEs or Small Mid Caps.

SAF-T (PT) of accounting

The obligation to submit the SAF-T (PT) file relating to accounting, and the terms to which the IES/DA submission must comply, is postponed to the period of 2024, to be delivered in 2025.

Legislative changes - VAT

The Diploma also makes legislative changes in terms of VAT:

1. Application of the VAT self-assessment mechanism (inversion of the taxable person) to transmissions of surplus electricity produced under a renewable energy self-consumption regime, with the introduction of rules regarding the self-invoicing regime;
2. Introduction of the possibility of communication of self-invoicing elements to be carried out by the acquirer, provided that provided for in the self-invoicing agreement;

Alteration of the regime of goods in circulation, from which documents communicated to the AT are now considered to be displayed, with the exception of those processed on paper, provided that the identification code (ATCUD) has been assigned to them and the QR code is presented, when this is mandatory.

[This document is for information purposes only and does not dispense with the analysis of the legislation and assessment of its applicability to each specific situation. Therefore, we are not responsible for any decision made based on this information.]