Decree-Law no. 287/2003 of November 12
In the use of the legislative authorization granted by Law no. 26/2003, of July 30, approves the Municipal Property Tax Code and the Municipal Tax Code on the Real Estate Transfer, amends the Stamp Duty Code, amends the Tax Benefits Statute and the IRS and IRC Codes and repeals the Land Tax Code and the Agricultural Industry Tax, the Municipal Contribution Code and the Municipal Tax Code of Sisa and the Tax on Succession and Donation
Date of Publication: 2003-11-12
Type of Diploma: Decree-Law
Issuer: Ministry of Finance
Pages: 7568 - 7647
The present decree-law reforms the taxation of assets, approving the new Municipal Property Tax Codes (CIMI) and the Municipal Tax on Real Estate Transfer (CIMT) and amending various tax legislation related to it reform.
In addition to what is stated in the preambles to the new Codes, which explain the main tax lines that will enter into force, and the changes introduced in the Stamp Duty Code, a number of transitional provisions included in this Decree- in particular, the establishment of a maximum period to promote the general evaluation of urban buildings and, as long as this evaluation is not carried out, with the rules for transitional updating of their tax assets, with differentiated solutions for those that are leased and for those who are not, with the determination of the evaluation of the buildings that are transmitted in the meantime, to which the new mechanism of evaluations in the CIMI will be applied, with the establishment of a safeguard system fixing the increase of the municipal tax collection (IMI) resulting from the updating of the value of buildings in and with some transitional rules on the settlement of the municipal tax on the transfer of immovable property (IMT) and stamp duty.
On the other hand, amendments to the Tax Benefit Statute are also subject to this decree-law, with some new rules on the granting of tax benefits to houses of housing and the extension of the possibility for taxable persons with low incomes to be able to access the tax exemption. IMI, with benefits still being granted in respect of this tax and IMT in relation to buildings that are subject to urban rehabilitation.
The amendments to the IRS and IRC Codes have two types of measures that are the most emblematic of this reform. On the one hand, the elimination of the tax on successions and donations with IRC taxation of gratuitous capital increases obtained by taxable persons. On the other hand, since the tax assets that are the basis for the liquidation of the IMT become the minimum value for the determination of the taxable income, both IRS, corporate income and IRC, it has become necessary to make several adjustments in the respective Codes, for consecration of these measures, which are also the object of this Decree-Law.
The National Association of Portuguese Municipalities was heard.
In the use of the legislative authorization granted by Law no. 26/2003, of July 30, and pursuant to paragraphs a) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following:
Read more (in portuguese): Decree-Law no. 287/2003 - Diário da República no. 262/2003, Series I-A of 2003-11-12