New obligations for landlords

With the approval of the law on the State Budget for 2015 and the entry into force of the new reform of the Tax on the income of Natural Persons (IRS), they were introduced profound changes in the system of management and control of contracts of rental and subrental. They were adopted (Ordinance no. 98-A/2015, of 31 March) the new declarative forms to use, relating to the declaration Form 2, the Form of electronic receipt of discharge of rents and the declaration Form 44 and relative filling instructions, provided for in the Code of the Stamp Duty and the Code of the Tax on the income of Natural Persons (IRS). We will examine them in detail: COMMUNICATION OF CONTRACTS AND OTHERS It is established the requirement of notification to the Taxation Authority and Customs (AT) of contracts of rental, sub rental and relative promises, as well as its amendments (the rent increase, the transfer of contractual position, etc. ) and termination. The communication must be made through the Declaration Form 2 of the Stamp Duty (IS); it must be submitted a Declaration by each contract. The declaration Form 2 must be submitted by the lessor, sub lessor or promising lessor. When you verify the existence of more than one lessor, sub lessor or promising lessor (landlord), the statement made by one of them with the identification of the remaining and the relative shares, dismisses the declaration by the other.  There are in this situation, in particular, a common good of the couple, a property in joint ownership or an undivided inheritance. When to communicate to the AT? The communication of the contracts to the TA should be performed electronically * , until the end of the month following the beginning of the rental or sub rental, the amendments, the cessation or, in the case of promise, the availability of the leased asset. * Can deliver in a division of Finance: a) The taxable persons obliged to communication, that do not have, nor are required to possess, electronic mailbox, in accordance with Article 19 of the General Tax Law; and cumulatively, have not realized, in the previous year, income category F in amount greater than two times the value of IAS (EUR 838,44) or, not having realized that year any income of this category, antecipate that they will be paid or made available rents in an amount not exceeding that limit; b) Taxable persons who are holders of category F income and that have, at the 31 of December of the year preceding the year in which respect such income, age greater than or equal to 65 years.  They are obliged to have electronic mailbox IRC taxable persons with headquarters or effective address in Portuguese territory and permanent establishments of companies and other non-resident entities, as well as the resident taxpayers framed in normal VAT arrangements.. ELECTRONIC RECEIPT OF DISCHARGE OF RENTS  The holders of income category F (income property) are obliged to issue electronic receipt of rents, in official model * , in respect of all sums received from their tenants, even though the title of the security, advance payment or reimbursement of expenses, when they do not opt for taxation in the context of category B. * Model of receipt of discharge, designated for electronic receipt of rental, referred to in paragraph (a) of ner. 5 of article 115 of the Code of the IRS.  However, are exempted from the requirement to issue the electronic receipt of rental taxable persons who, cumulatively: - Do not possess, nor are required to possess, mailbox login; and - Have not realized, in the previous year, income category F in amount greater than 838.44 euros (two times the value of IAS) or, not having realized that year any income this category, provide that they be paid or made available to rent in an amount not exceeding that limit.  On the other hand, the taxable persons who are holders of property income and who have, to 31 December of the year preceding the year in which respect such income, age equal to or greater than 65 years are also exempted from the obligation to issue the electronic receipt of rental. The taxable persons who are exempted from this declarative obligation may, however, opt for the issue of the electronic receipt of rental, getting from the first issue of this receipt subject to the general rules of issue for this way, and should, where appropriate, issue on the same date the electronic receipts of rental for the rents earned in the previous months of the same year. The electronic receipts of rental will be completed and issued in duplicate, using the Finance Portal, remaining, still available for consultation, through individual authentication, by issuers, holders of income, and the entities liable for payment, during the period of four years. As for the deletion of electronic receipts of rental depends on request of the issuer, must be submitted on the Portal of Finance, until the expiry of the legal deadline for the delivery of respective income statement Form 3 of the IRS. The obligation to issue the electronic receipt of rental produces effects since January 1, 2015. Therefore, and in accordance with the provisions of the law reform of the taxation of individuals, the receipts of discharge in paper issued in the months of January to April 2015 must be issued electronically together with the electronic receipt of rental issued in the month of May of the same year. ANNUAL RENT COMMUNICATION  Still, in sequence of the taxation reform of natural persons, it became mandatory for the holders of income property the issue of electronic receipt of discharge, in official model (Declaration Form 44), of all sums received from their tenants, by payment of rent, even if at the title of a deposit or advance payment or delivery to the AT of a declaration of official model with the discrimination of the income in question, until the end of the month of January of each year, by reference to the previous year.  They are also required to deliver the annual declaration of rents, by electronic transmission of data, the entities exempted from the obligation to issue invoice, invoice-receipt or receipt in accordance with the Individual Income Tax Code, except when such entities to deliver and communicate invoices. The declaration Form 44 it is presented on the date on which it is submitted, and the taxable person, within 30 days, is able to correct any errors that may hinder the validation of the declaration. Yet, according to the law in question, the taxable person may authorize third parties to meet, by electronic transmission of data, the obligations laid down in appreciation, but the failure of same is always attributable to the taxable person.  References: Portaria n.º 98-A/2015, of 31 of march Código do Imposto do Selo, artigo 60.º Código do IRS, artigos 78.º-E n.º 7, 115.º n.º 1 a), n.º 5 a) b) Image credits: freepik.com