Monday, August 1, 2016

Authorities with greater powers to control value IMI – publico


 
         
                 

                         
                     

                 

 
 

If you own a property and want to request a reassessment of the tax value (VPT) for the purpose of property tax (IMI), it is better to make a simulation of the amount will go to pay. Is that the latest changes to the tax penalizes some evaluation criteria and also empower the authorities to ask challenging the value that may be determined, a possibility so far limited to the owners.

In compliance with a chance enshrined in the 2016 State Budget Law, the Government has advanced, through Decree-Law No. 41/2016, with various tax changes, which the owners associations contest because – defend – open the door to increased tax payable. The law, published Monday in Official Gazette and entered into force on Tuesday, only has direct application in the revalued buildings because they were traded, or the owner’s request, town halls and heads of tax offices.

One of these changes, related to the IMI, introduces the possibility of municipalities and parish councils (where these are beneficiaries of that revenue) ask challenging the assessed value based in “any illegality, namely the erroneous quantification of the taxable value of the building.”

This possibility reinforces the power that the authorities have had to “require” a second evaluation, but without the possibility to legally contest the determined value, as defined in the Code of procedure and Tax procedure.

Another change that is punitive to owners, and beneficial to the local authorities, is linked to the worsening of the elements that integrate the coefficient of quality and comfort of the property, which has a considerable weight in determining the VPT. This is the location and relative operation that is part of the orientation of the building (decisive for the sunlight, as advances the Business Journal in the edition of Monday) or the location of the floor .

This criterion existed, but the increase coefficient (increase in property value) rose considerably, from up to 5% to 20%. The assessment of those elements can also ensure enhanced mitigation (reduction in value), which also increased, but much less, from up to 5% to 10%.

Within the quality and comfort contained other majorativos factors , such as the case of single-family houses, located in gated communities with swimming pool, or exceptional location, among others, but that they remained the same coefficients. In other minorativos elements, which also did not change, include the lack of kitchen and sanitary facilities, lift in buildings with more than three floors, or water services, gas and electricity supply, among others.

to determine the VTP, and to the criteria of quality and comfort, weigh more five components: the base value of the buildings, the construction area, and the allocation coefficients, location and antiquity (antique) . It’s about the VTP which falls IMI, whose rates are fixed by the cameras, from a minimum of 0.3% and 0.45% (amount payable in 2017).

The criterion of location has been reviewed and entered into force at the beginning of the year, resulting in increases in some areas and decrease in others. Already obsolescent is the only criterion that will evolve positively for the owners, and is regularly updated by Finance.

Speaking to PUBLIC, Luis Menezes Leitao, president of Lisbonense Owners Association (ALP), says no have doubts that “the changes now return to penalize the owners, many owners by force, the historical lack of rental market” and many with assessed real estate (VTP) above the actual market value.

the association leader believes that the changes aim to cancel the positive impact resulting from the application of obsolescence coefficient (which still has an impact on other municipal taxes, such as civil protection, calculated on the VTP).

                     
 
 
                 


                     
             

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