This curricular unit represents the second stage of the study of national tax issues without losing sight of our international framework in order to provide students with a superior knowledge and depth of Portuguese Taxation. This stage is performed detailed analysis of personal income tax (IRC) Conferences, in particular as regards commercial companies and residents to permanent establishments belonging to non-resident entities, to non-residents without a permanent establishment and non-profit entities. Will still be analyzed the most relevant aspects related to the real estate taxation, namely the Municipal Property Tax (IMI) and the Municipal Property Transfer Tax (IMT).
Objectives and learning outcomes
1. To know in detail the operation and the characteristics of the corporate income tax (IRC); 2. Meet the real property taxation, through the analysis of the essential aspects that characterize the Municipal Property Tax (IMI) and the Municipal Property Transfer Tax (IMT).
Skills to develop
It is intended, in particular, that the student be able to develop the following skills:
1. Acquire the necessary sensitivity to understand the tax consequences arising from various acts of management in the context of the taxation of companies and the property taxation;
2. To meet the obligations of taxpayers in the various areas of specific application of the corporate income tax, the property taxes, highlighting the respective implications on business activity;
3. Thus, the following results are expected:
a. The acquisition of the necessary knowledge for the application of the taxation on the IRC of the following entities:
- Companies with headquarters or effective direction on national territory;
- Permanent establishments of non-resident companies;
- Income derived on national territory by non-residents without a permanent establishment in the national territory;
- Resident non-profit Entities (associations, foundations and other nonprofits).
b. To know how determine the matter collectable in IRC of entities referred to;
c. Meet, in particular, the rules for determining the taxable profit of the commercial companies;
d. To perform the calculation of the IRC and the autonomous taxation and the respective payment rules;
e. To understand the taxation operated under the IMT and IMI, in particular:
- The rules for determining the value of urban property and the calculation and payment of the IMI;
- The analysis of the facts subject to IMT and its calculation and payment rules.
Programme
1. The companies income tax (IRC).
2. Taxpayers, tax base and other standards of incidence.
3. Exemptions.
4. Determination of the collectable.
5. Taxation of non-resident entities.
6. Taxation of non-profit entities.
7. Taxation of commercial companies. Rules for determining taxable profit. Simplified system of determination of the collectable. General scheme. Non-deductible costs for tax purposes. Measurement and impairment losses on current assets. Depreciation, amortization and impairment losses on non-current assets. Provisions. Arrangements for other charges. System of capital gains and capital losses incurred. Income from patents and other intellectual property rights. System of "participation exemption". Deduction of tax losses. Common provisions and various. Corrections to the value of properties transactions. Limitation on the deductibility of expenses for financing. Transfer prices. Rates. Municipal and State surcharge. Autonomous taxation. Settlement and payment rules. Limits of tax planning.
8. Municipal Property Tax (IMI).
9. Incidence. Concept of building. Taxable persons.
10. Building arrays.
11. Taxable value.
12. Rates, settlement and payment.
13. Municipal Property Transfer Tax (IMT).
14. Objective and subjective impact.
15. Exemptions.
16. Taxable amount.
17. Rates, settlement and payment.
Demonstration of the syllabus coherence with the curricular unit's learning objectives
Points 1 to 7 of the Program meet the objective set out in 1 and reconcile with the competencies set out in 2 and 3 (a) to (d).
Points 8 to 17 of the Program meet the objective set out in 2 and the competences set out in 2 and 3 (e).
Main literature
Compilação organizada por MARREIROS, José;Sistema Fiscal Português - Códigos Fiscais e Outra Legislação Fundamental, 14.ª Edição, Áreas Editora. Lisboa, 2018. ISBN: 9789898058966
Supplementary Bibliography
SARMENTO, Joaquim; NUNES, Ricardo;IRC - Exercícios e Casos Práticos, Encontro da Escrita, Lisboa, 2015. ISBN: 9789898773081
PIRES, José;Lições de Impostos sobre o Património e do Selo - 2.ª Edição , Almedina. Coimbra, 2013. ISBN: 9789724048321
COSTA, Belmiro; PIMENTEL, Liliana; MOITA. Nuno;IRC - Ao serviço da empresa e do investimento, Bookout, 2014. ISBN: 9789898694850
ROCHA, António; BRÁS, Eduardo;Tributação do Património: IMI-IMT e Imposto do Selo (Anotados e Comentados), Almedina. Coimbra, 2015. ISBN: 9789724059150
MORAIS, Rui Duarte;Apontamentos ao IRC, Almedina. Coimbra, 2009. ISBN: 9789724033242
Learning Methods
1. Expository method supported in PowerPoint presentations and the discussion of documents distributed in class;
2. Resolution of case studies to enable the student to link realities to which they refer the themes taughted.
Assessment Components
Avaliação distribuída com exame final
Assessment Components
Description
Type
Time (hours)
Conclusion Date
Attendance (estimated)
Lessons
45
Self study
Study
100
Other activities
Study
12
Evaluation
Teste/Exame
3
Total:
160
Continuous Assessment
Two individual written tests: 80% (2 x 40%);
- An Individual Work using the resources of the ISAG e-learning platform (developed in two moments): 20% (2 x 10%).
Under the terms of the Bachelor's Regulation:
1. The students' attendance in classes will be recorded and, if the number of absences per student exceeds 30% of the total number of lessons scheduled for each course unit, the student will be automatically transferred to the final evaluation (regular season).
2. In the written tests and other assessment elements mentioned in paragraph 2 of Art. 39 it is necessary to obtain a minimum grade of 7.5 (seven point five) points.
3. If the student misses a test or receives a grade lower than 7.5 points in the tests or in another assessment element mentioned in the previous number, the student will be automatically transferred to the final evaluation (regular season).
4. If the student misses or obtains less than 7.5 in the second written test, held in the same date of the final exam in the regular season, they may apply for further evaluation in the Appeal season.
Final Exam
The exam will correspond to 100% of the final grade.
And under the terms of Art. 41 of the Bachelor's Regulation:
- The practical or theoretical-practical work(s) referred to in point b) of paragraph 2 of Art. 39 may also be considered, with a weighting corresponding to half of that considered in the continuous assessment, if the student communicates such intention to the professor, filling, in that case, a specific form to be made available by the professor at the moment of the written exam.
Demonstration of the coherence between the teaching methodologies and the learning outcomes
Taking into account the curriculum of the students and the time of lecturing the contents, the teaching of the curricular unit should be based on a previous explanation of the subjects so that in the scope of their study the students are able to make the correct frameworks and can make the investigations appropriate.
The practical cases, by their nature, are intended to facilitate the linkage of the analyzes carried out by the students, of a more theoretical nature, to the concrete fiscal situations that arise in the activity of companies and individuals.