The fiscalistas ears by the Express have some doubts about whether the debt that the Company has with the Tax authorities may or may not be included in the exceptional regime for settlement of debts that the Government approved on Thursday and that guarantees the Ministry of Finance, does not include debts related with outstanding contributions – as is the case of Galp.
“The special contributions are tax and therefore are included in this scheme. The question is whether these contributions, and this in particular, are or are not a tax,” says the lawyer coordinator of the Tax Department of SRS Advogados, José Pedroso de Melo.
For his part, the partner responsible for the tax team of the law firm Telles Abreu, Miguel Torres, stresses that “it is necessary to read the law.” However, “if you do not have a counterpart for the provision of a service, then it is a tax. If you have a compensation for being provided a service, then it is a fee that varies depending on the type of service”.
in fact, for these two experts, the fact that the Government say that you do not include in this scheme of debt settlement can be a defense before the dispute that you have with the Company. Because the company has not paid the Extraordinary Contribution on Energy Sector (CESE) – in an amount that will already in 100 million – and put a process in court to void the fee because it considers it as an unlawful tax and, therefore, do not want to pay never the unless the court not to give him reason and is obliged to pay.
According to the Government, the extraordinary regime for recovery of debts to the Tax office and the Social Security system allows families and businesses that are in non-compliance choose two payment arrangements with no interest or reduced interest rates.
One of the forms goes to pay off the entire debt already, without interest and costs, and the other pernite pay benefits for a maximum of 150 monthly payments and on which interest is lower, the more benefits there are to pay.
The measure applies to taxpayers who have debts that have not been paid within the normal time limits, that is, until the end of may 2016, in the case of the debts to the Tax authorities, and by the end of December 2015, in the case of the debts to the Social Security and the taxpayers to join the program until December 20.
THE CDS you want, however, that the qualification to be discussed in Parliament and that making changes, not only in the date for joining as at the limit of the debts. Want still more clarification on the Flags.