The submission with errors of the Stamp Duty Monthly Declaration in the first half of 2020 will not be subject to penalties
Tax Alert Portugal
The Secretary of State for Fiscal Affairs has established, through Order No. 14/2020-XXII, that no penalties will be applied to the submission with errors of the Stamp Tax Monthly Declaration ("DMIS") in the first half of 2020, provided that they are duly replaced by the end of 2020.
We recall that Law 114/2017, of December 29 (Budget Law for the year of 2018) had established the fulfillment of this declarative obligation with effects from January 1, 2018, which was only regulated, however, with the approval of the corresponding DMIS, by Ministerial Order No. 339/2019 of October 1. Consequently, since current month, Stamp Tax taxpayers, even when performing exempt transactions, shall submit, electronically, said declaration by the 20th day of the following month in which the tax liability has arisen. When Stamp Tax has to be paid, a payment note is simultaneously issued for the taxpayer to pay, no longer being made in conjunction with the withholding taxes levied on the IRS and IRC.
We also emphasize that it had already been established, through Order no. 5/2019.XXII, that the deadline for delivery of DMIS and the respective payment of tax for the months of January and February 2020 had been extended from 20 February and 20 March 2020, respectively, to 20 April 2020 in both cases.