Portugal: Rental support and VAT rate reduction on electricity supply
Portugal -
Portugal Tax Alert
In the context of family support measures, Law no. 19/2022, of 21/10, approved, among others, the following tax measures:
- Support for rental activities consisting in an attenuation of rent taxation through:
- Update of rents in calendar year of 2023 by the application of the coefficient 1.02 (without prejudice to different stipulations between the parties), to the different types of urban and rural leases, instead of being updated according to the consumer price index in accordance with article 24 of Law no. 6/2006, of 27 February, that will suffer the impact of inflation;
- To compensate said lower updating, taxation due on rental income will be reduced as a result of the application of the coefficients specially determined for this purpose. These coefficients will only be applicable to rents that, cumulatively, (i) become due and are paid in 2023; (ii) arise from rental agreements in force before 1 January, 2022, communicated to the Portuguese Tax Authority (“PTA”) for the payment of the due Stamp Tax; and (iii) do not respect to contracts which are subject to an update at a value higher than the one resulting from the application of the update coefficient determined in the applicable legislation. It is unclear in what extent this tax attenuation also applies to lease contracts that are subject to VAT because applicable exemption was waived and which are not subject to said communication to the PTA.
- This measure will be effective between 1 January and 31 December, 2023.
- Extraordinary reduction from the intermediate VAT rate to the reduced VAT rate on the supply of electricity with the following characteristics: supply of electricity for consumption, excluding its fixed components, for a contracted power not exceeding 6.90 kVA, in the part not exceeding: (i) 100 kWh per a 30-day period or (ii) 150 kWh per a 30-day period when purchased for consumption by large families, considered as such when including five or more people. This transitional measure takes effect between 1 October, 2022 and 31 December, 2023.
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