Fiscal regime for promoting the capitalization of companies

Introduction

The Law No. 24-D/2022, of December 30, which approved the State Budget for 2023, established a fiscal benefit called the Fiscal Regime for Incentivizing the Capitalization of Companies.

This new benefit aims to address the repeal of the DLRR (Deduction for Additional Remuneration of Reserves) and the Conventional Remuneration of Share Capital, the effects of which are retroactive to January 1, 2023.

Subsequently, Law No. 20/2023, dated May 17, introduced some changes and clarifications regarding the operation of the benefit.

Therefore, it is important to provide an update or status report.

Characterization of the incentive

The benefit consists of a deduction from the taxable profit of Corporate Income Tax (IRC) for commercial or civil companies, cooperatives, public enterprises, and other legal entities, whether public or private, with registered office or effective management in Portuguese territory. The deduction is equivalent to applying a rate of 4.5% to the amount of net increases in eligible equity capital.

This rate is increased by 0.5 percentage points if the taxpayer qualifies as a micro, small, or medium-sized enterprise or a small and medium-sized capitalization company (Small Mid Cap), according to the criteria set out in the annex to Decree-Law No. 372/2007, dated November 6.

The mentioned deduction cannot exceed, in each tax period, the higher of the following limits:

  • € 2.000.000; or
  • 30% of the result before depreciation, amortization, net financing costs, and taxes, in accordance with Article 67 of the Corporate Income Tax (IRC) Code.

The portion of the deduction that exceeds the second limit mentioned above is deductible in the determination of taxable profit for one or more of the five subsequent tax periods, following the deduction for that same period, with the same limits.

Access conditions

The incentive applies exclusively to taxpayers who, in the relevant tax year, primarily engage in commercial, industrial, or agricultural activities and simultaneously meet the following conditions:

  • They are not entities subject to the supervision of the Bank of Portugal or the Insurance and Pension Funds Supervisory Authority, nor are they branches in Portugal of credit institutions, other financial institutions, or insurance companies;
  • They have regularly organized accounting in accordance with accounting standards and other legal provisions applicable to their respective industry;
  • Their taxable profit is not determined by indirect methods; and
  • They have their tax and contributory situation regularized.

Form of calculation

For the calculation of the deduction, the amount of eligible net increases in equity capital must be determined with reference to the sum of the values determined in the current fiscal year and each of the nine previous tax periods. The amount of net increases in eligible equity capital is considered zero in situations where the sum results in a negative difference.

However, it should be noted that only the eligible net increases in equity capital observed in tax periods commencing on or after January 1, 2023, are considered. In other words, for the 2023 period, only the eligible net increases in equity capital occurring in 2022 will be taken into account.

Regarding this matter, it is necessary to take into account the transitional regime outlined in Article 12 of Law No. 20/2023, dated May 17, which establishes that for the purposes of subparagraph IV) of paragraph a) of number

For the purposes of subparagraph IV) of paragraph a) of number 6 of Article 43.º-D of the Tax Benefits Statute, the first accounting profit covered is considered to be the profit for the 2022 period, whose resolution and corresponding application, either in carried-over results or directly in reserves or in capital increase, occurs in the tax period commencing on or after January 1, 2023.

In this calculation, increases in capital made using profits generated in the tax period starting in 2022 that have benefited from the conventional remuneration of share capital regime provided for in the former Article 41.º-A of the same Statute are not considered.

Another important aspect to consider in the calculation are the concepts that we are about to highlight.

Eligible increases in equity capital are considered:

  • Cash contributions made in the context of the establishment of companies or the increase of the share capital of the beneficiary company;
  • Contributions in kind made in the context of an increase in share capital that correspond to the conversion of credits into capital;
  • Premiums on the issuance of corporate shares;
  • The application of accounting profits available for distribution, in accordance with commercial legislation, to carried-over results, directly to reserves, or to the increase of capital.

Net increases in eligible equity capital are considered the positive or negative difference between:

  • The increases in eligible equity capital; and,
  • The outflows, in cash or in kind, in favor of the capital holders, as a reduction thereof or for the distribution of assets, and the distributions of reserves or carried-over results.

Conversely, for the purposes of this regime, increases in eligible equity capital resulting from:

  • Cash contributions made in the context of the establishment of companies or the increase of the share capital of the beneficiary company, which are financed by increases in eligible equity capital in the sphere of another entity, are not considered for the purposes of this regime.
  • Contributions made in cash, in the context of the establishment of companies or the increase of the share capital of the beneficiary company by an entity with which the taxpayer is in a special relationship, which are financed through loans granted by the taxpayer himself or by another entity with which that entity and the taxpayer are in a special relationship, are not considered for the purposes of this regime.
  • Contributions made in cash, in the context of the establishment of companies or the increase of the share capital of the beneficiary company, by an entity that is not a tax resident in another Member State of the European Union or in the European Economic Area, or in another state or jurisdiction with which there is an in-force convention to avoid double taxation, bilateral or multilateral agreement that provides for the exchange of information for tax purposes, are not considered for the purposes of this regime.

Practical application example

A given taxpayer characterized as an SME, framed within the general Corporate Income Tax (IRC) regime, reported a net accounting result of €34,500.00 for the year 2022.

The General Meeting for the approval of accounts, held on March 31, 2023, resolved on the following distribution of this result:

    Calculation of the net increase in eligible equity capital.

  •  34.500  12.500  10.000 = 12.000
  • Benefit to be considered in the tax period of 2023 = 12.000 x 5% = 600 euros
  • Amount to be deducted in box 774 of Frame 07 of the Corporate Income Tax (IRC) model 22 declaration.

Dr. Abílio Sousa

Consultor fiscal

New IRS

As datas-chave do novo IRS

Dezembro, Janeiro, Fevereiro, Março e Maio são datas a ter em conta para garantir que não se perde no novo IRS.
Até 31 de Dezembro
Os contribuintes têm de garantir que têm facturas com despesas gerais (roupa, calçado, mercearia, telefone, água, luz e tudo o mais que não caia nas outras categorias de deduções) de pelo menos 715 euros. Estas facturas dão direito a uma dedução máxima de 250 euros por sujeito passivo (os filhos não contam). Caso não as tenham, pagam mais IRS do que até aqui, já que esta dedução substitui uma dedução pessoal por sujeito passivo que até aqui era automática.

Até 31 de Janeiro
Escolas, hospitais e centros de saúde públicos têm até esta data para enviarem as facturas de 2015 ao Fisco. É também esta a data que os senhorios com mais de 65 anos têm para comunicar as rendas recebidas ao Fisco. É preciso confirmar que chegaram, porque todas elas são deduções de peso no IRS.

Até 15 de Fevereiro
É a data limite que os contribuintes têm para garantir que as despesas que fizeram estão todas no e-fatura. Se não estiverem, é preciso inserir os elementos no sistema. Depois disso, não há volta a dar.

Entre 1 e 15 de Março
Entre 1 e 15 de Março o contribuinte terá oportunidade para reclamar formalmente os cálculos, através de uma reclamação graciosa.

De Março a Maio
É o período para o preenchimento do IRS, que a partir de agora deixa de distinguir quem entrega em papel e pela internet. Quem tem apenas rendimentos do trabalho dependente e/ou pensões tem de enviar a declaração de IRS entre 15 de Março e 15 de Abril e os restantes contribuintes entre 16 de Abril e 16 de Maio.

Correcção: as despesas gerais e familiares dão direito a uma dedução de 250 euros, não de 750 euros. Aos leitores as desculpas pela gralha.

 

News source : Jornal de Negócios

IRS e-factura

IRS e-fatura general costs. Already updated the e-bill today?

If entered into the spirit of asking for invoices to the number of contributors, even because of a cafe, do not give the effort lost. Check your invoices and enhances the tax benefit.
Do not keep it to the IRS delivery period, either on paper or by the Net, the task of validating their invoices on the Portal of Finance, it will be too late – the deadline for validation ends on 15 February. And the longer delay, the greater the risk of being confronted with an endless list of outstanding invoices to validate, referring to the 12 months of 2015. This is a time consuming task, involving the verification of each individual invoice, and can become even more time-consuming if you have to repeat the same steps for other household members. It is that children also have invoices issued to the number of contributors – health and education, for example – and the need to validate the expenditure, one by one, also the covers. And there are families who still have to rely on other family members not used to dealing with new technologies. For these, the deductions are possible only if someone enter the e-invoice with your VAT number and password for the Portal of Finance and complement possibly missing information.

In addition, the portal e-efatura (https: // faturas.portaldasfinancas.gov.pt) is far from perfect and the degree of complexity of each menu may hinder its use by many taxpayers, even those who do not see the Internet as a big deal.

More: as with the Portal of Finance in the first months of the year, the possibility of encountering in February, with some congestion at the access to the e-invoice is too high, which could become even more time-consuming validation of all invoices of the family.

It is therefore necessary to initiate this process as soon as possible to have time to go clarifying, with the Finance Service, all doubts as they emerge throughout the year. Have us, however, come outpourings of consumers who obtained different responses in various branches of Finance, so it is likely that the very Tax Authority has not yet at this point to answer all questions. Alternatively, see the explanations that Finance will launching in the form of FAQs on the portal of e-invoice.

Still, if you can keep updated portal, will certainly save time and avoid last minute irritations. It is also true that if you do nothing or you can not properly complete the information of your invoices, no penalty will come from there. But some expenses are not deducted from the IRS and you will be wasting money. In fact, the correct communication invoices with VAT number can cost you hundreds of euros in deductions, which fatten an eventual refund or will be written off from tax payable.

All your deductions live there
Was to encourage the Portuguese to request invoice for all your expenses that the state had created the possibility of recovering in the tax declaration 2014, part of the VAT on expenditure on restaurants and accommodation, cosmetic services and hairdressing and repairs vehicles and motorcycles. It was enough that these invoices correctly appear released in e-invoice (https: //. Portaldasfinancas.gov.pt invoices), the issuer or by the taxpayer, so that the benefit was granted.

This year’s novelty is that almost all deductible expenses in IRS are centralized in this portal. Ie all invoices issued between January and December 2015 with your tax number should appear on e-invoice. Only thus will not be if the entity that issued not disclosed the information to the tax authorities. In this case, it is possible to manually enter invoices missing not to lose potential benefits. But do not rush: service providers have until the 25th of next month to launch the invoices, so it is normal not to find an invoice issued this month. Only after that date may consider that the invoice was not properly launched the portal and proceed by itself, to the record. To do this, look for the menu “register invoices”.

In addition, some entities have until late January to report to the Finance charges paid by the taxpayer. Here may be included user fees, tuition fees, the cost of homes and insurance.

Contrary to laziness and save the IRS
It is precisely to avoid wasting deductions in IRS should verify that the invoices you have requested has been duly reported to the tax authorities and if none are pending for want of further information. This can happen, for example, when a property sells various products and services. Just think of a supermarket. As making both may result from the purchase of food products such as health products, ends up pending. This is because the tax authorities can not identify the business sector to which it relates. Thus, the taxpayer remains confirm the portal e-bill in that context the expense was made. To help in the task, recreated in the bottom of pages, the steps to take.

Data from invoices submitted to the Treasury never contain the description of the goods purchased or services provided, compliance with the law on personal data protection. This can, however, complicate the recognition of some older costs that the taxpayer no longer has memory. Although the entity’s name that issued the document and your tax number appear on every invoice, it is possible that this is not enough, since many companies operate on a totally different brand of its designation for tax purposes. In such cases, the consumer may have to use a search engine to identify the entity that issued the invoice and consequently the type of expenditure.

E-making improved, efficient and easy to use
The wide range of new tax introduced this year in conjunction with a platform whose use requires some computer knowledge is being very penalizing for taxpayers. It has increased, along our Information Service, the number of requests for help related to the e-invoice. Many consumers fear can not declare all expenses this year at the IRS, and it is not difficult to predict that the months of January and February will be fertile in requests for clarification, with a corresponding increase in access to the e-invoice. It is not possible to create already a perfect system, providing all scenarios, the minimum required to the Tax Authority is to be very clear on the clarifications it provides and be responsive to all the difficulties that foresee the use of a new tool . It is also essential safeguard the possibility for consumers to manually fill some expenses, either through e-bill or tax return. This could solve cases such as school supplies, classified by e-invoice as an overhead rather than education. The year 2015 is coming to an end, without which the Portuguese are fully informed of the expenses that can be deducted, and in which category they can do. The longer have to wait for the Finance clarify all the questions?

e-fatura

saude_efacturaHealth
Except for user fees and premiums of health insurance, which should be released in the first month of the year, it is expected that the majority of their health care costs is already inserted in the correct category of e-invoice. However, if any of them recognizes among its outstanding invoices, simply click on the symbol for health care spending – identical to the icon accompanying this text – to validate. If you purchased products with VAT rate of 23%, for example, a cream, it is likely that the bill appears on the portal as “pending”, waiting for the taxpayer to answer two questions: if you have a prescription and where the amount of the expense corresponding to this purchase with a prescription. This is because spending on goods taxed at 23% are only deductible in the IRS if prescribed by a doctor. The IRS considers 15% of all expenditure on health, regardless of whether or not exempted from VAT, up to 1000 euros. Those who have health insurance can get confused to see the e-invoice an expense supported in full, but it referred to its insurer to be partially reimbursed. Financial services recommend that taxpayers do nothing about these expenses. By the end of the year, insurance companies inform the tax authorities the amounts refunded to each taxpayer, in order to proceed to a fair reckoning.

educacao_efacturaEducation
The beginning of the school year has brought many questions to taxpayers who wanted to make sure that all expenses related to the education of their children were properly inserted in the e-invoice and would be deducted from the IRS. In these cases, the IRS considers 30% of expenditure with a limit of 800 euros. The first doubts arose when books and supplies purchased in hypermarkets were not recognized by the IRS as education expenses. The all taxpayers in this situation we recommended that they should ask the invoice of school supplies separately from other purchases. It will thus be easier to identify this expense in the e-invoice and classify it correctly. But other questions continue to reach us without the Tax Authority can have an answer for them. This applies, for example, school meals bought to parishes or catering companies and taxpayers can not classify as education expenses are automatically included in the category of overheads. In such a situation is the school supplies and even specific to certain courses, such as musical instruments for students of conservatories. Also the fees paid in Portuguese universities are not, for now, visible in the e-invoice. But do not worry: the universities have until January to launch the e–fatura. As for tuition fees and student stays in European Union countries, Iceland, Liechtenstein and Norway, the only solution is to mention them when filling out the tax return.

familia_efacturaGeneral costs
Supermarket, travel, home appliances, furniture, water, electricity, gas, telecommunications, clothing, fuel … all charges that do not fit into any of the other categories are considered overhead. If you notice that has outstanding bills of this nature, just classify them as “Other”. And it is worth doing it? Yes. In the statement to deliver in 2016, the Treasury will deduct 35% of household overheads, up to EUR 250 per taxpayer with income. This deduction rises to 45%, with a limit of 335 euros in the case of single parents. However, in any case, the number of children does not increase the benefit limit.

habitação efacturaProperties
They can only be classified as costs of the property interest paid in 2015 under credit agreements for permanent residence. However, this benefit can be enjoyed only by those who asked for the loan until December 31, 2011. In these cases, you can deduct 15% interest with a limit of 296 euros. Banks have until January 2016 to launch the amounts paid by customers this year, so it is natural to find anything at this point, the e-invoice. Also fall into this category rents for housing. Tenants can deduct 15% of up to 502 euros.

 

Lares efacturahomes
For IRS purposes, the taxpayer and spouse expenses are accepted regardless of the amount of their income, relating to home care, nursing homes and senior citizens support institutions. The IRS also accepts expenses, but only in homes and institutions of support for the elderly, for the parents, grandparents, uncles, brothers or disabled dependents, provided they do not earn more than 505 euros per month. Each taxpayer can only use this deduction once every year. For example, having several children, only one of them may declare the expenses incurred with the father or the mother. You can deduct 25% of the amounts paid in 2015, with a limit of 403.75 euros.

beleza_efacturaIVA
As happened this year, the taxman returns to taxpayers 15% of the input IVA in catering and hospitality expenses, aesthetic services and hair salons, and auto repair and motorcycles, with a limit of 250 euros per household. The award of this benefit is automatic, ie does not require any fill in the tax return. But, like other bills, can optimize the value of the benefit to validate the outstanding invoices.

News source : Jornal de Negócios

News Accounting for 2016

Five years after the entry into force of the Accounting Standardisation System, which will be remembered as an important milestone in the history of accounting, behold, there are new changes in accounting standards to take effect in 2016.
These changes result from the transposition into national law of Directive 2013/34 / EU, with the publication this year of Decree-Law No. 98/2015.

Basically, what Parliament and the European Council is intended to simplify, reduce bureaucracy and spoken as local costs.

A Europe down with the arrival of the global market for large “players” economic and fierce competition, the European directives will increasingly towards economic liberalization and administrative and bureaucratic simplification, especially for small and medium enterprises. Ie the tone from the European Union is to deepen the simplification.

One major change is related to the new limits for the classification of entities / companies:

Micro-entities
Total Balance 350,000 euros
Volume of liquid 700,000 euros
Average number of employees 10

Small Entities
Total Balance 4,000,000 euros
Volume of 8,000,000 euros net business
Average number of employees 50

This amendment include many more companies in the concept of small entities that now covers virtually the entire Portuguese business, leaving out only the big companies. It also introduced the concept of medium body and great authority.

One of the emblematic changes is the management of a reporting exemption for micro-entities have been changed in this regard, the Code of Commercial Companies. The added value of the management report on a company classified as a micro entity is low since there are virtually no foreign investors in such companies and other users of financial information, tax administration and financial institutions, have other tools at their disposal to analyze the economic and financial situation of these companies.

Perpetual inventory system

In terms of companies or entities classified as “small entities” is no longer required disclosures that are now included in the Annex.

In 2010, with the entry into force of the CNS, one of the most talked about measures was not presented in the balance sheet of the capital subscribed but not paid, that is, the registered capital, but not yet paid by the partners and shareholders. Despite the users of financial information, namely, public entities and financial institutions could have access to balance sheets, this standard the ratios of financial autonomy reduced substantially in those companies where there deferral in the share capital.

From 2016 goes again to present the balance sheet, the side of the right to an active and, in equity subscribed capital, but not yet realized.

Interestingly, we analyze what says the policy, according to which the subscribed capital must be submitted, unless national law provides for called-up capital required under this heading, in which case the amounts of subscribed capital and paid-up capital be shown separately . Not mandatory, the national legislature, in transposing the directive, opted not require separate presentation.

Another change that we highlight is the possibility of amortization of intangible assets with indefinite useful lives in line with what had already been done in Corporate Income Tax with the reform of 2014. The goodwill also now can (or should) be amortized over a period 10 years if their useful life can not be measured reliably.

Also another interesting change is the separate presentation of goodwill on investments accounted for under the equity method, added more “truth” to the financial statements.

In this summary, we leave the last analysis of the new measure of an accounting nature which, unusually, does not promote the reduction of administrative costs and simplification: the requirement of the companies pass the perpetual inventory system available, except PC.

That is to do justice to the popular saying, “giving with one hand and take away with the other.” The perpetual inventory system requirement carries a significant increase in costs, the implementation of complex management systems, and we anticipate the increase in litigation with the tax authorities. For companies that outsource accounting services, closer to complex problems to solve, given that in order to meet the demand for perpetual inventory system should have integrated software between the company and the accounting office.

It remains for us, wait quietly that the legislature review this requirement as it comes not reduce costs or simplify, after all the purpose of the policy.

News source : Jornal de Negócios

Controlling the E-Factura

The validation process of deductible expenses on IRS has become electronic. However, there are still questions and problems that arise in the Portal of Finance. Learn how to control the E-Invoice to make the most of their expenses.

The repayment of the irs is one of the most anticipated moments by taxpayers, since the amount received is often to savings or to help pay some expenses. Taxpayers accustomed themselves every year, adding up the bills with various deductible expenses (housing, education, health, etc), but will no longer be necessary to go through the maze of bills and papers. The process has become all electronic with the E-invoice and when a taxpayer purchases a good or a service has even ask for the bill with the Tax Identification Number (TIN) if you want it to be considered for IRS purposes. The value should appear later on page E-Making available on the Portal of Finance. However, this implies that taxpayers have more work during the year to see if in fact the amounts spent and the required bills are declared by companies. And this surveillance effort is very important because it dictates what is going to receive or pay the IRS the following year. For those who have children, the expenses must also be controlled. Ideally, do not leave everything to the end and do this check regularly so as not to forget the bills and expenses you have and did. Learn what to make and how to control the invoices on the Portal of Finance.

1. You have to ask invoice with Tax Identification Number (TIN)?
Yes. Just be deductible expenses in IRS whose invoice has the NIF and is communicated electronically to the IRS.

2. It is up to the taxpayer communicate invoices to the tax authorities?
No. These are the companies that have to do so until the 25th of the month following the issue of the invoice. For example, if the taxpayer is today the grocery store, the company will have until November 25 to report the bill. However, if you notice that the invoice has not been submitted, the taxpayer may do so in the Portal of Finance. In this case, you should save up the bill.

3. The expenses of the children must have the NIF dependent?
No. According to AT, the bills may have both the NIF parents, as their children. In the divorce situation with joint custody of the children, the bills that are issued with the tax number of the children shall be shared equally between the parents.

4. it must ask password for their children in the Portal of Finance?
Yes. This is useful for invoices that are communicated with the NIF children. For example, if the children are in a private school, tuition invoices can be associated with the tax number of the children. Thus, the bills do not go to the E-Invoice taxpayer page, but your child. That is why it is important to ask for a password for their children, to ensure that the expenses of dependents are to be reported to the tax authorities. After making the request on the Portal of Finance, the password will be sent by letter to authenticate to the Portal of Finance. In addition, parents can create a direct access to the E-Invoice page of the children through the Finance Portal user management system. The system turns out to be quite ‘labor’, for example, for a family with two children, because there will be four pages to watch.

5. And it is found that has bills? Outstanding?
Often arise outstanding bills. It often happens because it is not defined the sector of services or the sale of assets. This happens when a company declares various economic activities to the tax authorities. For example, a supermarket may have various activities associated: in addition to trade, can have associated health, restoration or education. The taxpayer in this case indicate the sector. Invoices can also be pending if the taxpayer is dependent worker and have green receipts. In this case, the question arises on the site if the expenditure in question was or was not done under occupation.

6. After that healthcare bills can enter the IRS?
After some initial confusion and advances and retreats of the government, it stood to products which are 6% VAT is deductible and subject to a rate of 23% as well, but these will need to have a prescription to be accepted . It is up to taxpayers to say whether the product has or not prescription (there is a separate field in the Portal of Finance for this purpose). If the invoice has two types of well, for example, a drug and a shampoo 6% to 23% that was not prescribed by the physician, it is to say that the taxpayer has no revenue. Spending on spectacle lenses and ophthalmic lenses sold by entities which have an activity in the specific sector of the retail sale of optical equipment in specialized stores are tax deductible.

7. What expenses may be deducted on IRS as education expenses?
The cost of textbooks, payment of nurseries, gardens-of-childhood, milk kitchens, schools, educational institutions and other educational services can be deducted from the IRS. The cost of nannies and tutors are also deductible. The? Case of school supplies is different, since these expenses are no longer deductible. So, notebooks, pencils, pens, etc., fail to tell the IRS.

8. The school meals are deductible?
This is one of the issues that has generated more confusion. Finance ensure that this type of expenditure is accepted, but there are problems when meals are not provided by schools, but by municipalities or by external companies. The problem arises because these entities often do not have an activity code (CAE or classification of economic activities) linked to education. This makes the expense not go immediately to the education category. On the other hand, in the case of external companies providing school meals through municipalities, VAT for this service is 23% and is not accepted. There is, therefore, expenses that are accepted and others that are not currently being accepted.

9. What are the familiar overhead?
In the category of household expenditures fit all those who do not have a specific deduction. The bills of electricity, water, gas, clothing, supermarket all go for that category. The limit is 250 euros, so it is very easy achieve it. Most taxpayers already have probably reached this ceiling long. Here we must be aware that if the school books or medicine, for example, are purchased at a supermarket along with other shopping, the taxpayer must ask for separate bills. Otherwise, the costs will stop all the same category, i.e., household expenses. In this case, taxpayers can go out to lose, since the ceiling of 250 euros is easily attainable.

10. As the bills? Public health entities? And education are communicated?
Public authorities of health and education are not required to pass bill. The amount paid will be reported to the IRS by those entities by the end of January of the year following that in which the expenditure was made.

11. They should be stored invoices?
The best thing is to continue to keep the bills, especially those in which the taxpayer is to be included in the Finance Portal.

12. And who does not have Internet?
This is another of the issues that most times has been raised by the experts, who criticize the fact that this system, fully electronic, power harm those who do not have access to the Internet. Ask for help from a family member, expert or from the tax office are some of the hypotheses.

News source : Ecomómico

New public accounting system

The new public accounting system was published this month in the Official Gazette and promises to end the accounting fragmentation of public bodies, local and regional.

It is urgent to implement the new management accounting system? Public – the so-called System of Accounting Standards for Public Administrations (SNC-AP), which was published last September 11. The subject was last debated in the V Congress of the Order of Chartered Accountants (OTOC) and experts were unanimous. The values ​​of truth and transparency were echoed by almost all the speakers in the congress to highlight the need to implement the new system.

The aim of the SNC-AP is to end the fragmentation of accounting systems that exist today in public administration, standardize procedures and increase the transparency of accounts. However, experts warn that we need political support, technical expertise and the IMF are in Portugal to help implement the system.

The President of the Court of Auditors (TdC), Guilherme d’Oliveira Martins, considers that “although much has been advanced,” the process “public accounting lacks development and improvement”, recalling the recommendations that TB has been doing Over the past few years. That it is recognized in the decree-law establishing the SNC-AP: “It can be said that the accounting standards in Portugal for the public sector is now outdated, fragmented and inconsistent”, and now “coexist accounting systems” .

This is due to the advance of the Accounting Standardisation System (SNC), towards the adoption of relevant standards of international accounting standards (IAS / IFRS) and also to maintain an accounting system in the public sector which is based on national standards They have since been revoked as is the case of the Official Chart of Accounts (POC). This coexistence generates “a serious problem of technical inconsistencies” and implies “many adjustments that are not desirable and who question the reliability of the information.” The problem sit on the Public Administration but with particular emphasis on the Budget Directorate-General, the Local Government Directorate-General and the National Institute of Statistics which have to add the information.

The chairman of OTOC, Azevedo Domingues, believes that the new system “will be a revolution,” considering that will be achieved greater transparency in public accounts. Similarly, Guilherme d’Oliveira Martins said that “it is essential that the model adopted becomes an effective reality for all public bodies” on behalf “of truth and transparency.” Former finance minister also warned of the need to apply the SNC-AP logo in 2017, after an implementation period for the next year and left a warning: “The TB will be extremely tight so that the preparation is done and that there be no further delay. ”

A university professor, Paula Gomes dos Santos warned that “there are many entities to produce regulatory accounting” that are not always made compatible and said it was necessary “to have a public accounting that is the basis of a transparent governance”. In turn, the chairman of the Accounting Standards Board, António Monteiro, defended the importance of the Directors of the universe? Public be integrated and considered that the main challenge is the proper implementation of SNC-AP. The expert said it is necessary “the general recognition of the need for change and political support,” but you also need to ensure that there is “expertise” to put into practice. António Monteiro also said that the IMF is in Portugal to help implement the system and being held meetings at the Ministry of Finance.

News source : Ecomómico

IVA repayments

IVA repayments, new rules. Differences in ‘e-invoice’ catch return of IVA. Companies can not have disagreements or be in default.

Late last year entered into force new tighter rules for granting refunds of IVA. Find out what has changed.

1 bills Control
The Plan to Combat Fraud and Evasion and Customs 2015-2017 approved control measures from the obligation to issue invoices and communication and control of obligations IVA.

2 Lack? Divergences
For the VAT refund is granted there can be no differences between the value of output tax and the amount of deductible VAT (repayments) by companies in the periodic return and the amount of IVA contained in the invoices sent to the system ‘e-invoice’ . If differences exist refund is suspended. The company will then have to be notified to rectify the discrepancy.? If there is no place to this regulation, the application shall be dismissed. This system is being criticized because it catches many cases that are not, in practice, non-compliance, and because rectification of divergence implies a lengthy work for companies, as reported the ‘Business Journal’.

3 Absence? Default
Taxpayers can not be on fiscal and declarative event of default of payments on account of tax obligations or communications to the AT, particularly for IVA, IRS or IRC.

4 relations with non-existent taxpayers
They can not contain the relationship between customers and suppliers, taxpayers with non-existent tax identification number or taxpayers who have ceased activity in the period to which the tax.

5 electronic Mailbox
The taxpayer must notify the Tax Authority and Customs your electronic mailbox.

6 suspension of the deadline for IVA refunds
The repayment term is suspended when the taxpayer has not made available to the competent authorities the information requested and whenever there is evidence of tax crime.

News source : Ecomómico

Business and Professional Income

Business and Professional Income: choice of accounting organized by 31 March

The determination of business and professional income is made based on the application of the rules under the simplified scheme or on the basis of accounting.

They are covered by the simplified scheme, the taxable persons who, in the previous tax year, have not exceeded an annual gross amount of 200,000 euros this category.

However, taxpayers may opt for the determination of income on the basis of accounting. This option, by 2014, should be exercised in own activity early statement or until the end of March of the year who wanted to change the method of determining income by filing a change statement. Once exercised this option, it would be valid for a period of three years, renewable for equal periods, unless there is timely reporting the change of regime.

From January 1, 2015, changes have been made to the simplified scheme namely the repeal of the minimum term of stay in this regime and maintenance in the chosen regime until it provide a new option.
Thus, the simplified regime continues to apply by default, that is, if the conditions laid down in the Income Tax Code and not opting for the taxpayer of proper accounting regime will apply this system of determining taxable income.

However, the following year the taxpayer may reassess remains this scheme or opt for accounting. If you want to carry out such an option should deliver change statement by the end of March this year, allowing in practice the possibility of an annual review of the determination of the taxable income regime.

News source : Ecomómico

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