Taxpayers who in 2024 have had capital income, such as interest, and non -IRS income, such as cost aids or meal allowance, more than 500 euros will have to declare them in the IRS.
This obligation to report is a change to the IRS Code, introduced by the State Budget Law to 2024 (OE2024), and aims, not the payment of any additional tax, but to bring to the annual statement IRS a more general portrait of income to the annual statement Obtained by taxpayers, facilitating the reading of those who are eligible for the granting of supports that depend on yield – as follows, for example, with the support of income.
Lusa, Lourenço Gouveia Fernandes, from the Company of Pares Lawyers, emphasizes this, noting that the reporting of these income will serve, “at the outset, for the Tax Authority to collect elements, namely, for the purposes of the expected mechanism for the taxation of demonstrations of fortune and other unjustified property additions, provided for in Article 89-A of the General Tax Law [manifestação de fortuna]”.
The article of the IRS Code that determines that taxpayers must submit, annually, “an official model statement, regarding all sources of income of the previous year and other relevant informative elements for their concrete tax situation (…]”, A number has been added that, for this purpose, “the income subject to unnamed release rates and non -IRS income, when more than 500 (euro), as well as the assets arrested in countries, are necessarily reported. Territories or regions with clearly more favorable tax regime ”.
Although they consider that the wording of the standard is not fully clear, and that it should be clarified by the OT or in the instructions of Model 3 (Annual IRS statement), the inspectors heard by Lusa believe that the minimum limit of 500 euros applies to each of the type of income individually.
This will mean that a person who in 2024 has had 450 euros of interest (deposits or aforro certificates, for example) will not have to fill this field, but if you have had 600 euros you will already have.
However, in the category of income not subject to IRS the universe of taxpayers obliged to report will be higher.
At issue, as Samuel Fernandes de Almeida, of the Legal MFA, says, the meal allowance within the legal limits, or non -subject income, such as the case, for example, the attribution of a car to the worker without written agreement. Cost aids are also inconsision not subject to IRS.
Given that the limit of the meal allowance is not subject to taxation is six euros, when paid in cash, Luís Leon, from consultant Ilya, says that this will mean that most workers who receive this subsidy will have to report it in the IRS . Because, even being of lower daily value, they will easily surpass the 500 euros.
In parallel with the scope, they refer to the difficulty that taxpayers will have to realize this declarative obligation (especially in the case of interest), which, believes Samuel Fernandes de Almeida, “will be an additional factor of complexity and bureaucracy” intended to cross elements that AT somehow has in your possession – since banks are already required to report and deliver to the amounts they retain as liberatory rates.
“In terms of the feasibility of this standard, our greatest concern is the eventual attempt to apply to non-resident and national citizens of a European Union country who are required to deliver IRS declaration in Portugal, for whom this obligation may result In a disproportionate effort, ”, says, for his side, Lourenço Gouveia Fernandes.
Luís Leon underlines the case of interest, noting that, as their payment is subject to the liberatory fee (which is ‘charged’ by the bank or paying entity of these income at the time they ‘fall’ in the customer’s account), most people You will have no idea how much you received throughout the year.
One way for the taxpayer to know the exact amount he received in interest is to ask the bank to a statement.
Lusa questioned the largest banks to operate in the domestic market about the availability of this type of statement and eventual costs, with the official source of the Public Bank stated that “Caixa Geral de Depósitos provides the declaration to its customers, at no costs associated”.
Also Millennium BCP said that the measures of the mentioned OE2024 do not imply changes to the tax statements that the bank already makes available to customers. “If a customer intends to access the income statement, it can always request a statement of capital encompassing at no cost,” he added.
Lusa is still awaiting answers from the other banks.
Lourenço Gouveia Fernandes recalls, on the other hand, that this report of reporting does not imply any additional IRS payment because it is income or that have already paid tax (via liberatory fee) or are not subject to taxation (case of costs of cost or subsidy. meal within legal limits.
“This is a report of reporting and, although now being declared, these income should not be subject to additional taxation,” the lawyer said, adding that the regime may end up having “little applicability”, because its purpose “seems to be Essentially, to allow better control of the situations of manifestations of fortune and other unjustified patrimonial increments ”, with the risks of“ having no technical and human means to make this verification in relation to all IRS statements delivered ”.
This change to the IRS code also requires the declaration of detained assets in the so -called ‘offshores’. In this case, Lourenço Gouveia Fernandes understands that the measure aims to “provide more information that can be useful in combating tax dropout and application of anti-sabustus norms, as well as revealing the burden of proof in case of omission”.
This new reporting obligation will have to be plasma in the ordinance that approves the models of the IRS Annual Declaration – which has to be published every year.
Lusa questioned the Ministry of Finance if the values in question will be pre-named in the IRS statement, and taxpayers should validate them or not (as they do with the value related to work, lace or pension), but No answer.
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