Ordinance no. 215/2017, of 20 July, was officially published, which regulates the procedure and deadline to exercise the option foreseen in article 27 (8) of the Portuguese VAT Code, for the payment of the VAT due on the import of goods through the corresponding periodic return.
This measure was approved by The Budget Law for 2017 (Law n.º 42/2016, of 28 September) and intends to relieve importing companies from the financial costs supported with the immediate VAT payment (upon customs clearance) or, when deferred, by the provision of the corresponding guarantee.
This option may be applied from 1 March 2018 onwards and the respective request shall be submitted, electronically, in the “Portal das Finanças”, until the 15th of the previous month to which the taxpayer intends to initiate the application of this method of payment.
Nevertheless, this option may be already applied, from 1 September 2017 onwards, to the imports of goods contained in annex C of the VAT Code (which includes, among others, minerals, cereals, coffee, tea and sugar), with the exception of mineral oils, and taxpayers shall submit the respective request until 16 August.
We highlight that this option may be exercised by taxpayers meeting the following conditions:
a) Subject to the monthly regime;
b) With their tax situation regularized;
c) Practicing, exclusively, transactions subject and not exempt or exempt with the right to deduction, without prejudice of performing real estate or financial transactions of a merely accessory character;
d) Not benefiting from the deferral on the payment of the VAT corresponding to previous imports on the date the option takes effect.