Portugal‘s New E-Invoicing Rules Impact Archiving and Reporting

Francisco de la Colina
April 3, 2019

Beyond the implications outlined in our last blog, Decree-Law 28/2019 (the Decree-Law)  impacts areas beyond invoicing, introducing modifications to both archiving and the reporting of tax data.

Mandatory electronic archiving

A novelty of the Decree-Law is the explicit introduction of an obligation to archive electronic invoices in electronic format which in turn further promotes the adoption of electronic formats. Portugal has chosen a closed system in which by law the invoice must remain in the same format in which it was issued. This means that even those companies who are not engaged in e-invoicing, but who receive an electronic invoice from a supplier, will have to acquire and maintain an electronic archive. The alternative would be to reject the invoice and request a printed version. For archiving, the law does not allow for the invoice format to change. 

The law also establishes archiving requirements:

  • Archiving of e-invoices must enable the execution of controls that guarantee the reliability of the data;
  • Execution of controls to prevent the unlawful creation, alteration or removal of data;
  • Data recovery in case of incidents;
  • The ability to reproduce readable copies of the data.

It is mandatory for taxpayers to report to the tax authority the location of the electronic archive. All taxpayers must comply with the transition rules of the Decree-Law within 30 days from when it comes into force – i.e. by 17 March 2019.

SAF-T (PT) filing changes

As well as the e-archiving rules, changes have been introduced to the reporting of invoice data to the tax authority through SAF-T (PT) files by modifying provisions set in Decreto -Lei n.º 198/2012 regarding the time of filing the SAFT-T (PT) file. Until now, taxpayers could file the SAF-T file to fulfill reporting obligations until the 25th of the following month of issuing the invoice.

A reduced time to report comes into force according to the following schedule:

  • For 2019, the decree modifies the deadline to the 15th day of the following month of issuing the invoice;
  • From 2020, it is further reduced to the 10th day of the following month of issuing the invoice.

Taxpayers can still choose to report in real-time through webservice integration instead of uploading the SAF-T (PT) file.  The Decree-Law enhanced this option as taxpayers who choose to report in this way are not obliged to print B2C issued invoices unless it is explicitly requested by the buyer and provided they comply with the requirement of inserting the unique invoice code to the invoice and use certified invoicing software.

Take Action

To read more about what we believe the future holds, download Trends: e-invoicing compliance and join our LinkedIn Group to keep up to date with regulatory news and other updates.

Sign up for Email Updates

Stay up to date with the latest tax and compliance updates that may impact your business.

Author

Francisco de la Colina

Francisco de la Colina is a lawyer working on the regulatory team at Sovos TrustWeaver.
Share This Post

EMEA VAT & Fiscal Reporting
August 4, 2020
New VAT Rules for Online Marketplaces and Imports of Goods into the UK

The United Kingdom’s HMRC has issued new guidance on the VAT treatment of cross-border sales of goods and online marketplaces beginning 1 January 2021, following the end of the transition period. Cross-Border Sales under £135 New rules will apply when a business sells goods for £135 or less to a UK customer and the goods […]

Asia Pacific VAT & Fiscal Reporting
December 14, 2019
Long-awaited Indian E-invoicing Legislation Finally Published

For those following the ongoing tax control reform in India, 2019 has been a very eventful year for Indian e-invoicing. Starting last spring, a group of government and public administration bodies have convened regularly with the mission of proposing a new way of controlling GST compliance through the introduction of mandatory e-invoicing. Given the vast […]

E-Invoicing Compliance EMEA
November 12, 2019
Will the myDATA Project be Delayed in Greece and Mandatory E-Invoicing be Introduced?

Two months after closing the public consultation on the myDATA scheme, the Greek tax authority, IAPR, has yet to share the feedback received from the industry on the proposed scheme or make any official announcement in this regard. However, local discussions indicate that, the IAPR may reintroduce its initial agenda proposed back in August 2018, […]

Asia Pacific E-Invoicing Compliance
October 16, 2019
India Adds Clarity to New E-Invoicing Regime

Following India’s recent public consultation looking at the proposed introduction of an e-invoicing regime, the GST council has now released a white paper on the architecture of the new framework and also provided answers to a number of outstanding questions. From 1 January 2020, taxpayers in India can start to use the new e-invoicing framework, […]

E-Invoicing Compliance EMEA
October 3, 2019
The New Era in Greece’s Tax System

Greece made an important step to digitise its tax system and introduce an innovative platform for taxpayers to fulfil their tax obligations. The new platform will offer businesses a collaborative environment where the data they provide to the Greek Independent Authority of Public Revenues (IAPR) will not only affect their own books but will also […]