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Exceptional and temporary measures related to the Covid-19 disease pandemic

Exceptional and temporary measures related to the Covid-19 disease pandemic - Deferral of tax obligations for the first half of 2021

Decree-Law No. 103-A/2020, of December 15, introduced additional tax payment flexibility measures, with the objective of ensuring liquidity for companies and preserving their activity, creating a complementary deferral regime for the VAT payment of the first 2021 semester, in three- or six- monthly instalments, provided that there is a decrease on invoicing of at least 25%.

Taxable persons who have obtained a turnover of up to € 2,000,000.00 in 2019, or who have started or restarted the activity from 1 January 2020, inclusive, can benefit from this regime. In the first semester of 2021, the obligation to pay VAT, both for taxpayers under the monthly regime and for taxpayers under the quarterly regime, can be fulfilled: a) Until the end of the voluntary payment period; or b) In three- or six-monthly instalments, with a value equal to or greater than € 25.00, without interest. The taxable persons covered by this measure must, cumulatively, declare and demonstrate a decrease in the reported invoicing through the e-invoice of at least 25% in the monthly average of the complete calendar year of 2020 compared to the same period of the previous year. This reduction in invoicing must be done by certified accountant certification, or, in cases where there is no organized accounting, by a statement issued on honour by the applicant. When the communication of the invoice elements through the e-invoice does not reflect the totality of the operations carried out subject to VAT, even if exempt, related to the transmission of goods and services rendered for the periods under analysis, the measurement of the breakage of invoicing must be made with reference to turnover, and in this case, the respective certification of certified accountant is also required.

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