Be aware of the IRS submission deadline in 2023 (referring to 2022 income) and the penalties in case you miss the deadline.
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Whatever your financial situation or the type of income you receive, there is a moment in the tax calendar of any Portuguese taxpayer that deserves special mention: the IRS filing deadlinewhich this year will from April 1st to June 30th.
It is at that time that accounts are made with the State, through the declaration of income obtained in the previous year. And when the stipulated period is exceeded, there are fines and late interest to be paid. So that you don’t have to take that risk, it’s best to take note of what follows.
IRS 2023: deadline for submitting the declaration
The annual tax return must be submitted between April 1st and June 30th from 2023regardless of the nature of the income obtained.
Thus, and as long as they are not exempt from doing so, all taxpayers have three months to submit the Model 3 declaration or confirm the automatic income tax return (automatic IRS), through the Finance Portal.
Since 2018, annual income statements must be submitted online. It is no longer possible to look for a department and ask for the paper form.
Therefore, to comply with this obligation, it is necessary to have a personal password to access the Finance Portal. See how to request, change or recover your Finance password.
What if I submit the statement late?
If you miss the IRS deadline, be prepared for a fine, which may be lighter or heavier depending on the circumstances.
According to article 116 of the General Regime of Tax Offenses (RGIT), late delivery of the IRS is punishable by a fine that varies between 150 and 3,750 euros.
However, the same regulation, in article 29admits the reduction of the amount if the regularization is voluntary, “depending on the delay period and the degree of fault (if it is merely negligent)”.
Thus, if you submit the IRS declaration within the 30 days following the end of the legal delivery period, the fine can be set at the minimum, which is 25 euros. This, if the State has not been injured in its initial declaration, that is, if it has not received amounts to which it was not entitled.
If the delay exceeds 30 days, the fine is 37.50 eurosbut can go up to the 112.50 euros if, by the time the situation is settled, the Tax Authority has already triggered an inspection action.
Other implications of late delivery
Filing the IRS after the deadline has other consequences. After the deadline, if you have not submitted your declaration, you can say goodbye to deductions for general family and health expenses.
In case you are entitled to IMI exemption, also lose this benefitas it is dependent on your IRS statement.
In addition, you can no longer submit the declaration together with your spouse or person with whom you live in a de facto relationship, passing obligatorily to submit the declaration separately. This can result in a significant increase in the tax burden.
Lastly, if your IRS gives you an amount to refund, but filed the statement late, so you will have to wait longer to receive the money. This is because the Tax Authority gives priority to the payment of refunds for statements that have been delivered within the legal deadlines.
Special deadlines for submitting the IRS declaration
In addition to the normal IRS filing deadline, there may also be special extended deadlines for submitting a return. This is intended not to harm taxpayers who have outstanding issues in their tax situation and whose resolution does not depend on them.
The special deadlines to take into account are the following:
In the 30 days immediately following the occurrence of the fact: whenever a situation occurs that determines the alteration of income already declared or that implies, in relation to previous years, the obligation to declare them, taxpayers have the following 30 days to proceed with the delivery of the IRS declaration. (Article 60(2) of the IRS Code).
During the month of January next year to the one where:
- If the asset value of the alienated properties has become final, within the scope of category B, when higher than previously declared (article 31-A (2) of the IRS Code);
- If you have made adjustments, positive or negative, to the realizable value by knowing the final value, within the scope of category G (article 44(7) of the IRS Code).
Until December 31: taxpayers who have received earnings abroad and are subject to double taxation – but the amount of tax paid abroad has not yet been determined by the other country by the general IRS delivery deadline – they can submit the return until the last day of December.
In this case, the taxable person must communicate to the AT, within the normal deadline for delivery of the IRS, that he complies with these conditions, also referring to the nature of the income and the respective State of source (paragraphs 3 and 4 of article 60.º of the IRS Code).
Other important deadlines
If, after delivering the statement, you are entitled to return the IRS that you withheld too much, the AT has until the day August, 31 to do the respective reimbursement.
If, on the contrary, instead of receiving it, you still have to pay, this is also the last day to pay off the debt. This was fulfilled with the IRS delivery deadline, otherwise you have until December 31 to regularize the situation.
When it is not possible to settle the tax all at once by the voluntary payment deadline (August 31), taxpayers can still request to pay the IRS in installments. Installment requests must be submitted until September 15th through the Finance Portal.
