Tiago Rodriguese-legal



During the month of November, the new legal regime of payment services and electronic money was approved through Decree-Law No. 91/2018 of November 12, which integrates relevant matters regarding the categories of entities that may legitimately provide payment services and issue electronic money and security measures that protect the confidentiality and integrity of the personalized security credentials of payment service users.

It should also be noted, due to their practical relevance the Decree-Law No. 92/2018 of November 13 that establishes a special regime for determining the taxable amount based on the tonnage of ships, as well as a special tax regime applicable to crew members and the Decree-Law No. 105/2018 of November 29, which concretizes the delegation of competencies to municipalities in the area of housing, including supervision of programs for urban rehabilitation and the management of real estate for social.

Regarding case-law, it is worth noting the Judgment of the European Union Court of 29 November 2018 in the Case C-548/17 which decided that the Article 63 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, read in conjunction with Article 64(1) thereof, must be interpreted as precluding the chargeable event and chargeability of a tax on the supply of agency services for professional football players by an agent, such as that at issue in the main proceedings, paid in conditional instalments over several years further to the placement, from being regarded as occurring or taking effect when the player is placed.

At the national level, it is worth noting the Judgment of the Constitutional Court No. 557/2018 of November 14, which declares unconstitutional, with general binding force, Article 100 of the Insolvency and Corporate Recovery Code, interpreted as meaning that the insolvency declaration provided for therein suspends the prescription period of the tax debts attributable to the subsidiary responsible person in the tax procedure.

Finally, in the area of miscellanea, it highlights the approval by the Council of Ministers of the signing of the contract between the Government, the Lisbon City Council and Connected Intelligence Limited, for the organization of the international event Web Summit in Portugal in the period from 2019 to 2028.


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