Foreign Companies

Industries and activities that require VAT registration in Portugal

When carrying out trading activities in portuguese territory, foreign companies must be aware of their VAT registration and compliance obligations.

These are the most common ativities that require VAT registration in Portugal:

EVENT ORGANIZERS

Organizers of exhibitions, conferences, seminars and other events in Portuguese territory are required to be VAT registered, and file the VAT Returns periodically if it is a continuous activity, or a single VAT return in reference to the period of the event. Related costs are recoverable subject to the normal rules of deduction.

E-COMMERCE

Online sales to individuals or non-registered entities in Portugal will require the vendor to register for VAT, once the annual threshold of 35.000€ has been exceeded. The VAT on sales will then be charged at the portuguese rates, and the VAT Returns must be filed and paid periodically.

EXPORTERS - WAREHOUSE REGIME / CONSIGNMENT PROGRAMS

When exporters send their goods to Portugal to create a consignment stock to supply customers or goods subject to a Customs warehousing regime, they are required to be VAT registered. When the stock is kept by the clients, the sales may be processed through SBI (self billing invoice) by the client in a certified software, or alternatively, the company must have a certified software to issue the invoices. VAT Returns must be filed and paid periodically.

SUPPLY AND INSTALL CONTRACTORS

Contractors, who supply goods for which they are also responsible for the installation in portuguese territory, may be required to register for VAT. If the clients in Portugal are VAT registered entities, they will be able to declare the VAT on behalf of the foreign contractor, but if the clients are individuals or non-registered entities, the VAT registration is required, as the filing and payment of a VAT Return.

We provide the service to obtain the VAT Number in Portugal, with fiscal representation for non-EU companies, VAT registration, submission of the periodic VAT returns, VAT refund claims, certified billing software, certified accounting and tax advice for all types of operations in Portugal.

For further information on our services please contact info@intax.pt

Portugal Business Tax Review

We present a comparative table with the various possibilities available to open your business in Portugal, since the best choice always depends on each specific case. By predicting your business's sales, purchase, cost and profit values, there will be an option that will surely be the most beneficial and appropriate for your project. If you need any help in interpreting the chart or in the previous analysis of your business, please send mail to info@intax.pt

		Individual Self-Employed		Company
		Simplified Regime	Organized Accounting	Simplified Regime	Organized Accounting
	Conditions	- Regime by default, if the option for organized accounting is not made;	- Option is made until March and is valid until a new change;	Income < 200.000€; Total Assets < 500.000€; No Audit Obligation; the capital is not detained + 20%, by entities who don't fulfill the above requirements, except risc capital entities; Adopt the SNC for microentities; Who haven't waived by option the application of this regime in the previous 3 years.	There is no minimum stay period, and you can opt for the simplified regime as long as you meet the conditions. - Option is made until February of the year that the new regime is intended.
		- Option is made until March and is valid until a new change;	- It is compulsory the change for this scheme if the limit is exceeded for 2 year consec. or more than 25% in one year;
		- There is no minimum stay period;
		- Limit:   Income < 200.000,00€ /year	- Llimit:   Income > 200.000,00€ /year;	- Option is made until February of the year that you want to change, as well as the renounce;
	IRS / IRC	Income Tax
	Taxable Profit	Coeficints applied: - Sales (and restoration) – 0,15	Net income	Coeficints applied: - Sales (and restoration) – 0,04	Net income
		- Services – 0,75		- Services – 0,75
		- Prop.Ind/Intelect Prop.– 0,95		- Prop.Ind/Intelect.Prop. – 0,95
		- Capital gains – 0,95		- Real State; Capital gains – 0,95
		(see other coeficients)		- Minimum Taxable Profit: 4.242,00€
				All these coeficients are reduced to 50% at 1ºyear and 25% at 2ºyear
	Tax Rate	IRS table (from 14,5% to 48%)	IRS Table (from 14,5% to 48%)	17% at/ 15.000€; 21% on/ remain profit	17% at/ 15.000€; 21% on/ remain profit
	Derrama	n/a	n/a	n/a	Aprox 1,5% dep.municipality
	Autonomous Tributations	n/a	Specified on CIRS	The specified on CIRC with some exceptions	All the specified on CIRC
	Advanced Payments (PPC)	3 payments on 20/Jul, 20/Sept and 20/Dec, of a total of 76,50% of the IRS tax paid in the penultimate year;	3 payments on 20/Jul, 20/Sept and 20/Dec, of a total of 76,50% of the IRS tax paid in the penultimate year;	3 payments in Jul, Sept and 15th Dec; Amount: 80% (95% if Income > 500.000€) of the tax paid previous year;	3 payments in Jul, Sept and 15th Dec; Amount: 80% (95% if Income > 500.000€) of the tax paid previous year;
	Special Advance Payments (PEC)	n/a	n/a	n/a	Payment in March, or 2 payments in Mar and Oct; Amount: 1% Income previous year – PPC previous year; Not applicable on the 2 first years;
	Estate Derrama Aditional Advance Payment	n/a	n/a	n/a	Only applicable to companies with Taxable Income > 1.500.000,00€, at progressive rates from 3% D.E. and 2,5% PAC; Same deadlines as PPC
	VAT
	Limits and framework	- Exempt if Income < 10.000,00€ /year	- Exempt if Income < 10.000,00€ /year	- Exempt if Income < 10.000,00€ /year	- Exempt if Income < 10.000,00€ /year
		- Quarterly if Income > 10.000,00€ /year	- Quarterly if Income < 650.000,00€ /year	- Quarterly if Income > 10.000,00€ /year	- Quarterly if Income < 650.000,00€ /year
			- Monthly if Income > 650.000,00€ /year or by option		- Monthly if Income > 650.000,00€ /year or by option
	SOCIAL SECURITY
	Contributions	According to table, being the minimum amount a monthly contribution of 124,09€	Minimum compulsory – monthly contribution = 186,13€	The company have to pay contributions for the employed workers, of 34,75% (company 23,75% and plus 11% retained from the worker). The company manager has to pay the minimum of 149,04€. The average employee minimum contribution is 201,55€.	The company have to pay contributions for the employed workers, of 34,75% (company 23,75% and plus 11% retained from the worker). The company manager has to pay the minimum of 149,04€. The average employee minimum contribution is 201,55€.
	Accounting
		Optional	Mandatory	Mandatory	Mandatory
	INTAX	from 60,00€ month	from 120,00€ month	from 120,00€ month	from 120,00€ month
	Registration
	Incorporation	AT (Tax Authority) Activity Start	AT (Tax Authority) Activity Start	Commercial registry office	Commercial registry office
		0,00 €	0,00 €	360,00€	360,00€
	Others factors
	Disadvantages	Greater difficulty in accessing credit, as a private individual, and sometimes interpreted as being an unstable situation, and more difficult to prove stable incomes to banks and credit institutions.		Companies generally have higher fines, by AT and ASAE and ACT for non-compliance with standards and regulations, in some cases 5 times higher than independent individuals.
		There is no separation between the business and personal assets, and any liability of the business falls directly on the owner, as in the case of liens or arrests that fall directly on all his assets.
	Benefits	Individuals generally have lower fines, by AT and ASAE and ACT for non-compliance with any rules and regulations.		Easier access to bank credit and on better conditions through a company. In addition, the managing partner have a salary slip, which demonstrates greater financial stability also on a personal level.
				Independence of the shareholders' personal assets, in relation to the situation of the company. Shareholders not taken into account in situations of liens or arrests. The responsibilities are exclusively of the company.

Register a trademark in Portugal

The cost of registering a trademark is € 123.18 for registration in only one class of products and / or services, plus € 31.22 for each additional class. The application for registration is made online at the INPI website, at the end of which the payment codes are generated. The application proceeds after the payment. In the same portal, you can check if the brand you want already exists, and test other alternatives, since some similarity with existing brands may lead to your proposal not being approved.

To consult the existing trademarks or to register a trademark, you can access the following link on the INPI page.

Any support needed please contact us at info@intax.pt.

Choosing form of incorporation

There are several ways you can invest or start a business in Portugal.

In summary we have the following:

• Self Employed worker or Individual Business consisting of a person who affects his or her own patrimony to the economic activity, and the personal responsability is unlimited;
• Individual Limited Liability Business (EIRL) consisting of a single individual with limited liability to a portion of his assets;
• Individual Limited Liability Company (most common option) sole proprietorship constituted with a single partner with limited liability to the value of the subscribed capital, wich can be of any value from 1.00 €;
• Private Limited Liability Company (LDA) (most common option) consisting of more than one partner with limited liability to the value of the subscribed share capital, which may be of any value from 1.00 € each;
• Joint-stock Company (SA) formed with a minimum of 5 partners, the minimum share capital being 50,000 €, with the shares having a nominal value of at least 1,00 €. The liability of the partners is limited to the value of the subscribed shares;
• Limited partnership consisting of a minimum of 2 limited partners who have limited liability to their contributions and the general partners have a liability for the debts of the partnership in the same terms as the partnership on a collective basis. They can be simple or by shares, and have a minimum mandatory capital of 50,000 €;
• Professional societies or fiscal transparency, constituted exclusively by professionals accredited in some specific activities (lawyers, accountants, auditors, etc.);
• Cooperative wich is a collective, nonprofit association of free constitution, variable capital and composition. Minimum capital of 2,500 €. In the case of a first-degree cooperative, the minimum number of members is five. In higher-level cooperatives (where cooperators are associations) the minimum is two members.
• Association
• Foundation
• Foreign Company Branch
• Foreign company without permanent establishment in Portugal