It is increasingly frequent to see beads with two columns at the end of the meal: one with the amount payable and one with a bonus suggestion. But is this legal practice? And what does the law say about the obligation to pay tips in Portugal?
According to Deco Proteste, this is a growing trend, but not always well understood by consumers. The bonus remains, legally, a customer choice. However, there are exceptions, and not knowing the rules may be expensive.
Suggested tip? The decision is yours
According to the Consumer Protection Organization, “the bonus of services is not mandatory in Portugal”. This means that when receiving an account with two values, one with and one without tipping, the consumer always has the right to choose which one wants to pay.
In fact, the Association of Hotel, Restoration and Similar from Portugal (Ahresp) considers bad practice “the suggestion of tip through the cash bead or on the price list”. That is, the decision must start from the client only, if he considers that the service justifies.
What if the tip is already in the core?
Here the situation changes. If the restaurant stipulates a fixed gratification amount and it is posted in the price, visibly and clearly, then the consumer is required to pay it. It is an extension of the contracted service and, as such, must be viewed as part of the account.
According to Deco Proteste, “restaurants that choose to fix a certain value for the service provided must refer to the price.” The non -existence of this mention removes any mandatory character to pay the tip.
Tip on account, tip on the ATM
Even when the bonus is only suggested, it is important to check the final value in the payment terminal.
Deco warns: “Confirm the amount inserted in the device before paying, to ensure that a tip is not being charged without its consent.”
If the establishment insists on the payment of the tip, the customer may submit a complaint, preferably through the electronic complaints book and, in extreme cases, contact the competent authorities.
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Why does it appear on the bill?
Including tips in the invoice is often a fiscal requirement. This practice aims to document all amounts received and guarantee their taxation.
As explained by Deco Proteste, the bonus must be identified and distributed by the employer, and its value is subject to retention at the source.
This documentation allows control of the amounts received and requires the application of an autonomous IRS rate.
Do the tip pay tax? Yes
Even though it is an offering of the client to the employee, the tip is considered to be dependent on the dependent work, since it stems from the provision of a service in that form.
The legislation, cited by, specifies that these bonuses are taxed autonomously at the rate of 10%.
The tax applies, even if the tip is not directly attributed by the employer. The simple fact of derived from the exercise of professional activity places it within the scope of income on income.
Attention to transparency (and abuse)
To avoid surprises, experts recommend extra attention to the time to pay. Tip is, as a rule, a voluntary decision and only in very specific cases can be required.
Check the price, confirm the value in the terminal and, if in doubt, ask clarification. The legislation protects the consumer, but is only effective when they know their rights.
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