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Approved new forms Modelo 37, 13 and 25

Portugal - 

Tax Alert 28-2018

As a result of some amendments made to tax legislation during 2018, it is necessary to update certain tax forms used to comply with reporting obligations concerning the application of tax benefits related to the Personal Income Tax (PIT) and Corporate Income Tax (CIT).

Consequently, the following Ministerial Orders were published yesterday:

  • Ministerial Order no. 320/2018, of 13 December, which approves the new form “Modelo 37” and respective filing instructions, which aims to comply with the obligation laid down in article 127 of the Personal Income Tax (“PIT”) Code, to report the interests of loans regarding permanent residence, insurance premiums, co-participation in health expenses, pension saving plans (“PPR”) and pensions funds of complementary regimes.

This declaration must be submitted, through electronic transmission, until the end of January of the following year by the credit institutions, housing associations, finance leasing companies, insurance companies, fund management companies and companies from other complementary regimes referred in the article 127 and 21 of Portuguese Statute of Tax Benefits (“EBF”), including mutual associations, non-profit institutions that provide health services and entities that may co-participate health expenses.

  • Ministerial Order no. 321/2018, of 13 December, which approves the new form “Modelo 13” and corresponding filing instructions, related to the obligation of article 124 of the PIT Code concerning the communication of financial instruments.

This form must also be submitted, through electronic transmission, until 31 of March of the following year, by credit institutions and finance companies, which make operations related to transferable securities and covered warrants, as well as operations related to complex financial instruments.

  • Ministerial Order no.322/2018, of 13 December, which approves the new form “Modelo 25” and related instructions, to comply with the obligation set in article 66 of the EBF, by entities that receive tax relevant donations according to the patronage regime, until the end of February of the following year.

These Ministerial Orders come into force on 1 January 2019.