Article 26 Participation in the Transfer of Goods
Tax liability information.
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The head-of-couple and the beneficiary of any free transmission subject to tax are obliged to participate in the competent finance service the donation, the death of the successor, the declaration of presumed death or the judicial justification of the death, the judicial justification , notarial or carried out under the terms of the Land Registry Code of the acquisition by adverse possession or any other act or contract involving the transfer of assets. (Law no. 64-A / 2008 of 31 December)
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The participation referred to in the previous number is of an official model, identifies the author of the succession or liberality, the respective dates and places, as well as the successors, grantees, usucapients or beneficiaries, the kinship relations and respective proof, and must, if applicable, contain the transmitted with the indication of the values that must be declared by the submitter.
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The participation must be presented until the end of the 3rd month following the birth of the tax obligation, in any financial service or in another place provided for by special law. (Law no. 64-B / 2011 of 30 December)
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The head-of-couple must identify all beneficiaries, if they have the elements for that purpose, in which case they are exempt from the participation that is their responsibility..
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The deadlines are non-extendable, unless it is alleged and proven to be justified, in which case the head of finance may grant a postponement up to the maximum limit of 60 days.
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Participation is instructed with the following documents, except when they contain information already known to the tax administration through the fulfillment of the obligation to submit the annual accounting and tax information declaration referred to in article 113 of the IRS Code and the article 113 of the IRC Code, depending on the cases: (Wording of DL 221 / 2005-07 / 12)
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a. Certificate of will with which the author of the inheritance died;
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b. Certificate of the deed of donation, or deed of sharing, if this has already been done;
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c. Certificate of final judgment, which justified the acquisition, or of the deed of notary justification;
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d. Certificate, issued by the Securities Market Commission or by the Public Credit Management Institute, as the case may be, of the price of shares, bonds or certificates of public debt and other securities or of the value determined under the terms of article 15.;
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e. Certificate proving the lack of official share price, issued by the Securities Market Commission, always containing the indication of the respective nominal value;
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f. If the formula contained in paragraph a) of paragraph 3 of article 15 is applied, an extract from the last balance sheet of the investee company, accompanied by a declaration issued by it, stating the date of its incorporation, the number of shares in which its capital and respective nominal value and the net results obtained in the last two years are divided;
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g. In the case referred to in paragraph a) of paragraph 4 of article 15, in addition to the declaration mentioned in the final part of the previous paragraph, an extract from the last balance sheet or the settlement balance sheet;
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h. In the case referred to in paragraph b) of paragraph 4 of article 15, a declaration issued by each of the cooperatives stating the nominal value of the securities;
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i. In the case referred to in paragraph c) of paragraph 4 of article 15, a document proving, by the investee company, that the shares only give the right to profit sharing, which must also show the value of the dividend distributed in the two previous years;
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j. Extract from the last balance sheet of the commercial, industrial or agricultural establishment, or from the settlement balance, if any, or certificate of the social contract, under the terms and for the purposes of paragraphs a) and b) of paragraph 4 of article 15. or, if there is no balance sheet, the inventory provided for in paragraph 1 of article 16, the certificate of the social contract being replaced by a copy of the Diário da República where it has been published;
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l. Document proving the existing monetary values, issued by the competent institutions, in the case of deposited values, as well as, in the case of money deposited in banking institutions, extract from the deposit or the respective current account at the date of transmission, with demonstration of the movements made in the last 60 days; (Addition of Law 39-A / 2005, of 07/29)
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When the certificate of the will cannot be attached because it is in the possession of a third party, the head of finance must notify him to, within the period of 15 days, provide him with that certificate. (Wording given by DL221 / 2005-07 / 12)
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Alleging and proving to the interested parties that it is not possible for them to obtain the balance sheet or inventory extract or the declarations referred to in paragraphs f) to h) of paragraph 6, the administrators, managers or liquidators of the company or the administrators of the bankruptcy will be notified to submit them within 15 days. (Wording given by DL 221 / 2005-07 / 12)
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If, at the end of the term, there are inheritance assets in the possession of any heir or legatee who have not been listed by the head of the couple, it will be up to those to describe them within the next 30 days. (Wording given by DL 221 / 2005-07 / 12)
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The documents referred to in paragraphs f), g) and j) of paragraph 6 must contain the signature of whoever represents the company at the time of issue, which must be proven through recognition, which can be done by the competent finance service. (Wording given by DL 221 / 2005-07 / 12)
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Beneficiaries of exempt donations not covered by the obligation of Article 28 (1) are exempted from the participation obligation provided for in paragraph 1. (Added by DL 277/2007, of 01/08; effective from 08/02)