Lei n.º 2/2014
- Emissor:Assembleia da República
- Tipo de Diploma:Lei
- Número:2/2014
- Páginas:253 - 346
- ELI:https://data.dre.pt/eli/lei/2/2014/01/16/p/dre/pt/html
Summary in plain english (Without legal value)
What is it?
This law amends the Corporate Income Tax (IRC) Code.
The IRC is the tax paid by the companies according to the income generated.
To the IRC are subject:
- the legal persons, with registered office in Portugal, which exercise, or not, a commercial, industrial or agricultural activity (for instance: commercial companies, associations), with or without a permanent establishment.
The IRC concerns the incomes of the commercial or civil companies, except the ones derived from the exercise of an activity subject to the special gambling tax.
From the IRC are exempt:
- the State, the autonomous regions and the local autarchies;
- the municipal associations and federations and the parish associations which do not carry out commercial, industrial or agricultural activities;
- the social security and pension institutions;
- the capitalisation funds and the capital incomes administrated by the social security institutions.
Simplified scheme for the determination of the tax base
The following resident taxable entities may opt for the simplified scheme for the determination of the tax base:
- those which mainly exercise a commercial, industrial or agricultural activity:
- those which are not exempt;
- those which are not subject to a special tax scheme.
Calculation of the IRC
1st - To the legal person’s annual income are deducted amounts corresponding to positive and negative asset variations. Therefore, the taxable income is calculated.
2nd - To the taxable income are deducted the tax benefits and losses which may be deducted. Therefore, the tax base is calculated.
3rd - Then, the tax rate is applied to the tax base, obtaining the collection.
4th - Finally, to the collection are deducted certain amounts provided for by law (deductions to the collection), resulting in the tax to pay or to receive.