Newsletter #12
|05/05/2025|
Dear Customers and Friends,
We enter May 2025 with a demanding tax calendar, marked by important reporting obligations, namely the end of the deadline for submitting Form 22 and the continuation of the closing of accounts for the 2024 financial year. At the same time, initiatives continue to be implemented within the scope of the Agenda for Tax Simplification , which aim to alleviate the bureaucratic burden on companies, with an emphasis on the digitalization of processes and strengthening interoperability between platforms.
In this context, it is important to closely monitor legislative developments and interpretations by the Tax Authority, especially with regard to tax neutrality in restructuring operations, the taxable person inversion regime and VAT regularization procedures – matters that have recently once again been the subject of analysis through binding doctrinal records.
We hope this newsletter will be a useful tool to keep you informed and prepared for the challenges and deadlines that lie ahead in May 2025.
With best regards,
| Jose Antonio Marques Pereira Partner | Edgar Torrao Partner |
| marques.pereira@marquespereira.pt Tel.: + 351 92 627 4049 | edgar.torrao@marquespereira.pt Tel.: + 351 91 758 40 68 |
#1 - Corrections to the transfer value of real estate for IRC purposes: effective price vs VPT
Binding Information from AT, Process No. 27081
The AT confirmed that, if proof is provided that the actual purchase price of a property is lower than the Taxable Asset Value (VPT), this value can be used for the purposes of determining taxable profit in IRC, under article 139 of the CIRC.
#2 - VAT: Inversion of the taxable person in works with assembly
Binding Information from AT, Process No. 27518
Application of the reversal of the taxable person (art. 2, no. 1, al. j) of the CIVA) when there is a supply of goods with installation connected to the property, such as pipes or tanks, even if removable, provided that they involve civil construction work.
#3 - Split and exemption from IMT/IS: only with autonomous line of business
Binding Information from AT, Process No. 27252
A spin-off can only benefit from the exemption from IMT and Stamp Duty provided for in Article 60 of the EBF if there is a transfer of an autonomous line of business, with its own organisation and