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Monthly Stamp Tax Returns submitted with errors may be replaced until the end of June 2021 with no penalties

Tax Alert Portugal

Considering that the Monthly Stamp Tax Return ("DMIS") became fully operational at the beginning of 2021 and that some doubts still persist that may condition its correct submission, the Portuguese Tax Authority ("AT") has determined, through Order 42/2021.XXII, of 12 February, that DMIS submitted with "mere errors" may be replaced until the end of the first semester of 2021, without any penalty.

AT further clarifies that the application of the abovementioned concept of “mere error” is limited to negligent conduct, including situations in which taxpayers demonstrate having no computer resources, operative or others, that would have allowed them to submit said return without errors.

Remaining situations identified under tax audits will be treated under the general terms.