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Each taxpayer must calculate his own taxation in the income tax statement, except in the case of taxpayers to whom the Commissioner for Revenue grants an exception in writing to that effect.

If the taxpayer does not submit an income tax statement, the Commissioner for Revenue may estimate his tax liability. This assessment shall automatically be cancelled if the taxpayer subsequently submits an income tax statement that includes his self-assessment.

In general, some weeks after submission of his annual income tax statement, the taxpayer receives a statement indicating the amount of tax he has to pay, in accordance with his own self-assessment. If the Commissioner for Revenue does not agree with the self-assessment of the taxpayer he may issue an income assessment. Such assessments may be issued no more than five years after the end of the year to which the statement pertains, unless the self-assessment made initially by the taxpayer has not included all the material facts or contained erroneous or misleading information. In this case, the income assessment may be submitted at any time.

If the taxpayer wishes to make changes to his self-assessment he may submit a substitution statement, provided that he has not yet received an income assessment.

If the change to the self-assessment already submitted results in a reduction in the tax payable for the year in question, the taxpayer must submit this change no later than 5 years after the year in question.

If the change arises from an application for the elimination of double taxation, this change must be submitted no later than two years after the end of the year to which the request pertains.

 

Objections and appeals

If a taxpayer does not agree with the income tax assessment made for him, he may submit an objection note provided that he has submitted the respective income tax statement and paid the tax which is not in dispute. The Commissioner may accept the objection or reach an agreement with the taxpayer. Otherwise, he will issue a refusal note.

Under such circumstances, the taxpayer may submit an appeal to the Administrative Court within 30 days after the date on which the refusal note was received. The Administrative Court is an independent body created specifically to deal with these issues.

An appeal may be lodged against the decision of the Administrative Court at the Court of Appeal, but only with regard to matters of law.

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NEWCO is an inward investment services provider specialized in the implementation of foreign investment in Portugal and Malta. With 30 years of experience and know how, we help our clients maximize the opportunities and minimize the risks of operating in a new country, allowing them to stay focused on their business. Contact us to find out how we can help you invest or relocate into Portugal, including Madeira, or Malta.

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