The Minister of Finance, Mário Centeno
The additional solidarity created by Mario Centeno in 2020 was considered unconstitutional. As a result, the state is now ordered to return 200 million to banks.
In 2020, the (at date) Minister of Finance Mário Centeno Created the Solidarity Additional about the banking sector – ASSB.
ASSB was created as a temporary contribution in the days of the pandemic caused by COVID-19, with the objective of reinforce social security financing and compensate for VAT exemption on financial services.
However, as the (DN) recalls, it became a permanent contribution.
Os banks had already contestedat the time the ASSB was introduced, the Application of this contribution.
O ASSB ended up being declared unconstitutional by the Constitutional Court (TC), due to the violation of the principles of prohibition of tax retroactivity, tax equality and contributory capacity.
As a consequence, the State will have to return 200 million to banksincluding compensation interest at the legal rate of 4%, according to the DN.
Regarding the violation of the principle of prohibition of fiscal retroactivity, in question is the fact that the norm has been considered retroactivegiven that it focused on tax facts already fully verified before the law is entry into force.
Already on the violation of the principles of tax equality and contributory capacity, the TC considered that the justification of the tax as compensation by VAT exemption is arbitrary and incoherentgiven that the incidence base – bank liabilities – does not adequately reflect the contributory capacity of banks.
In this scenario, Note the DN, the Tax Authority (AT) will have to cease the collection of the ASSB, annul the outstanding settlements and respect the decision of the TC in all judicial proceedings.
