With the General State Budget for 2015, there were introduced some changes to article 60 of the Portuguese Stamp Duty Code, introducing the obligation of submission to the Portuguese Tax Authorities (PTA) of the contracts for the lease, sublease and respective promissory contracts, as well as their changes and cessations.
In this sense the PTA created a new declaration of stamp duty – Model 2, whose approval was completed with the publication of the Decree-Ruling 98-A/2015, of 31 March, producing effects from April 1, 2015, whereby the obligation of communication of leases apply to facts occurring after this date.
Note that are covered (by this new obligation) all changes to the contracts as well as the increase in income, the transfer of contractual position, the start of the contract in the sequence of a promissory one with provision of the leased asset and any other changes in lease agreements.
The declaration – Model 2 must be submitted by the owner, landlord, sub lessor or prominent lessor, electronically via the website of the PTA. Provided that there is more than one owner, the presentation of this declaration by one of them with the identification of the others, will avoid the presentation by the others.
The communication shall be made until the end of the following month of the beginning of the lease agreement, the changes or cessation or, in the case of promising contracts, from the date of provision of the leased asset.
Whenever stamp duty is due, its assessment and payment is carried out through the document of payment that can be extracted just after the submission of the declaration – Model 2.