Tax Regime for Investment Support RFAI
SMEs and Non-SMEs, as defined in Commission Recommendation 2003/361/EC, of 6 May, considered to be subject to corporate tax and falling within the following economic activities:
- Accommodation – 55;
- Restaurants and similar – 56;
- Activities of interest to tourism – 77210, 90040, 91041, 91042, 93110, 93210, 93292, 93293 and 96040.
Types Of Operation
Investments in tangible fixed assets, acquired in new state, and in intangible assets, constituted by expenses with technology transfer, as long as they are allocated to the exploitation of the enterprise.
- In the case of Non-SMEs, intangible assets may not exceed 50% of total investment.
Main Conditions For Access
- Not being a debtor to the State and Social Security;
- Taxable profit cannot be determined by indirect methods;
- To keep in the company and in the region, for a minimum period of three years from the date of the investment, in the case of SMEs, or five years in other cases, the assets object of the investment or, when less, for the respective minimum useful life;
- To carry out relevant investments that create jobs and maintain them until the end of the minimum maintenance period of the assets object of the investment, as determined in the previous paragraph.
- Non-SMEs located in the Algarve, Greater Lisbon and Setúbal Peninsula regions can only access the tax benefit if the investments in tangible fixed and intangible assets are related to the creation of a new establishment or the diversification of the activity of an establishment, on condition that the new activity is not the same or a similar activity to that previously exercised in the establishment.
Conditions Of The Tax Benefit
- Deduction to the corporate tax collection of the amount corresponding to:
. 25% of the investment made, up to the amount of €15 million;
. 10% of the investment made, regarding the part of the investment made that exceeds €15 million.
- For companies located in the Algarve, Greater Lisbon and Setúbal Peninsula, the deduction to the corporate tax collection will correspond to 10% of the investment made.
- Exemption or reduction of IMI (10 years period), IMT and stamp duty regarding the buildings used by the company within the scope of its investment, as long as they have been considered eligible investments for tax benefit purposes.
The application for the tax benefit must be made at the stage of assessment of the corporate tax on the Portal das Finanças (Finance Portal) – www.portaldasfinancas.gov.pt.