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Alteration of several tax benefits

Law 20/2023, of May 17, changed the regime of several tax benefits. Specifically, changes were made to the Vehicle Tax Code; the Statute of Tax Benefits; the Corporate Income Tax Code; the Value Added Tax Code and the Excise Tax Code.

Source: OCC

In a nutshell

Law 20/2023, of May 17, was published, which changes several tax benefits, of which we highlight:

  • Patent box regime (article 50-A of the IRC Code);
  • Settlement result: "IRC minimum" (article 92 of the IRC Code);
  • Tax regime of the Tax Incentive to the Capitalization of Companies / ICE (article 43-D of the Statute of Tax Benefits);
  • Gradual elimination of the reduced Vehicle Tax (ISV) rate applicable to motorhomes (article 9 of the ISV Code);
  • Alteration to the wording of the item applicable to the intermediate VAT rate and the reduced Excise Duty (IEC) rate applicable to colored and marked gas oil, fuel oils and mixtures (item 2.3. of List II attached to the VAT Code and article 93 of the IEC Code).

IRC - IRC Code

Patent box" regime (art. 50-A CIRC)

Change

Income from contracts for the temporary assignment or use of industrial property rights, when registered, is eligible for deduction from taxable income (instead of "subject to registration", as previously written, since, for example, computer software rights may not be subject to registration)

Production of effects
Since June 28, 2022 (date of entry into force of Law 12/2022)

Liquidation result (art. 92 CIRC)

Change

Tax benefits excluded from the adjustment of the settlement result: - DLRR (repealed as of January 1, 2023) - Tax incentive to wage appreciation (art. 19-B EBF) - Net creation of jobs for companies operating in inland territories and Autonomous Regions - Food donations made to the State, to IPSS and non-profit NGOs (art. 62 EBF).

Production of effects

As of July 1, 2023

VAT and Excise Taxes (IEC)

Change

The intermediate VAT rate continues to apply to gas oil, colored and marked, fuel oil and respective mixtures. Only the intermediate VAT rate is repealed (the standard rate will apply) for colored and marked petroleum

Production of effects

As of July 1, 2023

See all the information at: OCC Document

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