VAT – Extension of the deadline for submission of the VAT Return and payment of the respective tax / Calculation of the tax owed based on e-Fatura

In brief

Following Order no. 229/2020-XXII, of 24 June, which extended the deadline for compliance with certain reporting and payment obligations, as well as the deadline for replacing VAT returns whose calculations had been made on the basis of the "e-invoice" system (e-Fatura), the Ruling no. 30224 was published July 1st, clarifying some measures.

In detail

The deadline for submission of the VAT return was extended as follows:

Monthly scheme: the VAT return for May 2020 may be submitted until July 17, and the return for June may be submitted until August 17.

Quarterly scheme: the VAT return corresponding to the period between April to June 2020 (2nd quarter) may be submitted until August 22, 2020.

Likewise, the deadline for payment of the assessed VAT has been extended for all the above cases, allowing for payments to be made up to July 25th for the May VAT Return and August 25th, for the June and second quarter VAT return.

This extension is without prejudice to the possibility of joining the applicable instalment payment scheme, stipulated in Articles 1 and 2 of Decree-Law No. 10-F/2020 of 26 March.

In addition, this ruling also makes it possible to calculate the tax on the basis of the data in the "e-invoice" system (e-Fatura) for the VAT returns relative to the months of February and March 2020 (monthly frequency) and the period from January to March 2020 (quarterly frequency), provided that the taxable persons: 

i. Have not achieved a turnover exceeding EUR 10,000,000 for the year 2019; or 

ii. Have started activity on or after January 1, 2020; or 

iii. Have restarted the activity on or after January 1, 2020 and did not obtain turnover in 2019. 

Finally, when it is necessary to regularise the situation, a replacement VAT return must be submitted (substituting the one previously submitted for February or March, or for the 1st quarter of 2020), without any additions or penalties, provided that this replacement and the payment/classification of the VAT assessed occurs until December 20, 2020.

^{© 2020 PwC. This communication is of an informative nature and intended for general purposes only. It does not address any particular person or entity nor does it relate to any specific situation or circumstance. PricewaterhouseCoopers Tax Services TLS, Lda. We will not accept any responsibility arising from reliance on information hereby transmitted, which is not intended to be a substitute for specific professional business advice.}