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Tax Guide 2020 | Stamp Tax

Taxable basis


Taxable basis

Stamp tax is due on acts, contracts, documents, titles, books, papers and other facts taking place in Portugal, which are not subject or are exempt from VAT, as foreseen in the General Table attached to the Stamp Tax Code,

The above mentioned facts are also subject to Stamp Tax if, although taking place outside the Portuguese territory, they are presented for legal purposes in Portugal.

Taxable basis

Rate (%)

Acquisition for consideration or donation of property

0.8

Free acquisition of goods by individuals (Inheritance and gifts)

10

Letting or subletting (on one month of rent)

10

Guarantees (except if ancillary and simultaneous to the contracts specified in the General Table)

Period < one year – per month or fraction

0.04

Period ≥ one year

0.5

Without term or period ≥ five years

0.6

Use of credit:

Period < one year – per month or fraction

0.04

Period ≥ one year

0.5

Period ≥ five years

0.6

Undetermined period (e.g. current account) – per month on the monthly average amonut of the debt

0.04

Consumer’s credit (1):

Period < one year – per month or fraction

0.128

Period ≥ one year

1.6

Period ≥ five years

1.6

Undetermined period (e.g. current account) – per month on the monthly average amount of the debt

0.128

Operations of financial institutions:

Interest, including bills discount

4

Commissions for guarantees provided

3

Other commission for financial services, including fees related to card-based payment operations

4

Commission for insurance brokerage

2

Bills of exchange and promissory notes (with a minimum value of € 1)

0.5

Sale of business

5

Bingo prizes (2)

25

Other prizes (raffles, lottery, prize draws or contests, excluding prizes from social games prizes foreseen in item 11.3 of the General Table) (2)

35

Social State games– included in the bet price

4.5

Social State games - on the amount of the debt price that exceeds € 5.000

20

Net asset value of the collective investment vehicles that invest exclusively in money market instruments and deposits

0.0025

Other collective investment vehicles

0.0125

(1) Regarding taxable events which will occur until the 31 December 2019, the corresponding tax rates are increased in 50% (except existing contracts).
(2) The rate is increased by 10% when prizes are paid in kind.



Exemptions


Exemptions

Some facts are exempt from Stamp Tax(1), under certain conditions:

Guarantees on stock exchange dealings regarding securities and derivatives
Transactions between financial institutions
Loans, up to 1 year, granted by companies in a control or group relation for treasury needs
Cash pooling arrangements, not exceeding one year, among companies in a control or group relationship
Shareholders’ loans, including the respective interest
Interest on loans for permanent housing
Free transfer of property to the spouse, or de facto spouse, descendants and ascendants
Report agreements traded in a stock exchange
Business restructuring or cooperation operations
Warranties provided in favor of the State and to the Institute for the Management of Social Security Capitalization Funds
Acquisition of real estate qualifying as an eligible investment under the Tax Regime for Investment Support (RFAI)
Acts or contracts, as part of an investment project carried out under the contractual tax regime, foreseen in the Investment Tax Code

(1) Not exhaustive list

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