Who introduced IRS out of time this year will be able to opt for joint taxation – publico

 
         

                 

                         
                     

                         

                 

 
 

Couples who this year were prevented from choose joint assessment because it delayed to deliver the tax return will at last be able to exercise this option, which is not currently possible under the law. Pressured by the Ombudsman, the government confirmed on Friday that will create a special rule for taxpayers affected this year see the situation corrected, if they wish to opt for joint taxation even in respect of 2015 income .

the measure will be included in the next state budget through a “special regime”, he confirmed the Ministry of Finance in a statement. Thus, taxpayers who found this situation in 2016 will only see the issue resolved in the next year. The problem results from the law, and the ministry’s understanding, “case of a consequence resulting very clearly the law, only a change in the law, it is for the Assembly of the Republic, can solve these situations.”

With the reform of the IRS, the separate taxation has become the rule, with the option for joint taxation since married taxpayers or united in fact indicate within the due dates. In the current version of the IRS code, that delivery after the deadline can not choose, and you automatically applied to separate taxation.

The Government began to be questioned by the PCP about this problem and, in late August I had already promised a change in the IRS code that does not happen again such cases. But until now I had never explicitly said to also solve for taxpayers who were harmed this year.

The Ombudsman, who received a hundred complaints about it, pressed the Secretary of State for Fiscal Affairs to act, warning Fernando Rocha Andrade for the “surprise expressed by families to the extraordinary damage that they caused the submission of the statements of IRS income after the legal deadline – preventing them from deciding to joint taxation.”

the letter sent by the Ombudsman, José de Faria Costa, was known on Friday, and the final day, the Ministry confirmed the creation of this special regime, which applies “to taxpayers in respect of which found this situation in 2016″ and agreed with the interpretation of the Ombudsman, that taxpayers may not be affected.

“Since the delivery late in the statements is a penalty associated with the law, which is its fine, this worsening settlement becomes an additional penalty, sometimes much higher than the fine value, without justification, “writes the ministry led by Mário Centeno, recognizing that the rules” caught by surprise many taxpayers. “

One is also there will be with the OE “a change of the scheme that, in the future, and from the settlement of the IRS that takes place in 2017, the late delivery of the statement does not imply the impossibility of the option for joint taxation.”

when the Ombudsman reached this year 104 complaints on the subject, as confirmed to the PUBLIC the press office of José de Faria Costa.