Portuguese VAT: Gold-plated invoicing obligations for non-established businesses

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Portuguese VAT: Gold-plated invoicing obligations for non-established businesses

Sponsored by

cuatrecasas-logo-vector.png
ball-63527.jpg

Daniel S de Bobos-Radu and Diogo Gonçalves Dinis of Cuatrecasas provide a summary of the new rules impacting invoicing obligations in Portugal.

Despite the alignment with the requirements stemming from Article 226 of Council Directive 2006/112/EC (VAT Directive), the Portuguese government has been changing invoicing obligations with a severe impact on non-established taxable persons.

In this regard, Decree-Law 28/2019, of February 15 2019, brought new mechanisms aimed at fraud-tackling, including broadening the scope of the obligation to use certified invoicing software and the obligation to issue invoices and other tax-relevant documents containing a unique document code and a QR Code. It also transposed Article 219-A of the VAT Directive, clarifying the territorial scope of invoicing obligations.

Below is a summary of the new rules in force.

Certified invoicing software: From January 1 2020, Portuguese taxable persons with a turnover above €50,000 ($53,286) must raise invoices (and other tax-relevant documents such as credit and debit notes) through an invoicing software certified by the local tax authorities. As from July 1 2021, this obligation was extended to non-established taxable persons identified for VAT purposes in Portugal.

Unique Document Code (ATCUD): Taxable persons must include an ATCUD on invoices and other tax-relevant documents issued through their certified invoicing software. This obligation was postponed to January 1 2023.

Series reporting obligation: Taxable persons must communicate electronically to the tax authorities the numeric series used to issue invoices and other tax-relevant documents prior to their use. For each series of documents communicated, the authorities will assign a validation code that must integrate the ATCUD. Alike ATCUD, this obligation was postponed to January 1 2023.

Bidimensional Bar Code (QR Code): A visible QR Code must be placed on the invoices and other tax-relevant documents issued through the certified invoicing software. The QR Code will be generated in accordance with the technical requirements and specifications set out by the tax authorities. This obligation is in force from January 1 2022.

SAF-T (PT): As per the 2022 state budget bill, non-established taxable persons identified for VAT purposes in Portugal are required to submit the SAF-T (PT) file on a monthly basis until the 5th day of the subsequent month. This obligation is expected to go live as soon as the state budget law is gazetted.

This bundle of ancillary obligations is already having a negative impact on foreign businesses, not only because of the technical complexity underlying their implementation, but also because the absence of a turnover threshold for implementation may be leading business to start a cost-benefit analysis, with an evident impact on competition neutrality. Moreover, in terms of proportionality, there is no empirical evidence yet that such measures will be effective in combating fraud and tax evasion.

Be that as it may, this is the right time for companies to reassess the efficiency of their supply chains and, eventually, adapt contractual agreements to benefit from simplification measures such as the VAT quick fixes and the domestic reverse-charge mechanism in lieu of maintaining VAT identification in Portugal.

more across site & bottom lb ros

More from across our site

In-house teams who want a balance of internal control and external expertise for pillar two should seriously consider co-sourcing models, Russell Gammon of Tax Systems argues
The OECD has vowed to continue working with the US despite the president effectively pulling the country out of the organisation’s global minimum tax deal
Norton Rose Fulbright highlights a Brazilian investment fund as a practical example of how new Dutch tax rules will require significant attention from foreign companies
Thomson Reuters now has ‘end-to-end capability’ for its tax workflow business, according to its president for tax accounting and audit professionals
Patrick O’Gara, who is rated as a ‘highly regarded practitioner’ by World Tax, had spent over 20 years at Baker McKenzie
If approved, it would become the first ‘big four’ firm to practise law in the US; in other news, Morrison Foerster hired a new global tax co-chair
The ‘birth date’ of the service, which will collect tariffs, duties and other foreign revenue, will be January 20
Awards
Submit your nominations to this year's WIBL Americas Awards by February 28
Awards
Research for the annual Women in Business Law Awards has begun – submit your entries by February 28
In-house counsel across a number of regions are unimpressed with their tax advisers’ CSR efforts, according to ITR+ research
Gift this article