Do regime da renúncia à isenção de IVA nas operações imobiliárias

: o (in)sustentável peso da isenção para o setor?

Abstract

Given their inherent characteristics, immovable property transactions challenge the foundations on which the common Value Added Tax system is based. As hard-to-tax goods, the European legislator has enshrined an exemption applicable to this category of transactions, restricting the exercise of the right to deduct input VAT from this activity, which is the backbone of the VAT mechanism. Notwithstanding, within the flexibility provided by the VAT Directive to Member States in this regard, it is possible to establish internal legal instruments that allow the waiver of this VAT exemption to be implemented. It is in this context that it is crucial to understand the Portuguese VAT Exemption Waiver Regime on Immovable Property Transactions, regulated by Decree-Law 21/2007, of January 29th, in relation to the conditions established in order to be allowed to opt for taxation, as well as the practical aspects of its application and the extent of the concepts applied, duly framed by the case law and administrative doctrine proffered in this respect. The aim is likewise to understand the magnitude of the restrictions introduced by this regime, as a necessary mechanism for re-establishing the tax neutrality that has been evaded, through a critical analysis.

Date of Award	27 Jan 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Miguel Correia (Supervisor)