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Changes made by the government may affect the Municipal Property Tax (IMI)

The government authorised to pursue some amendments as part of the State Budget 2016, carried out fiscal changes, including the most newsworthy, referring to the Code for Property Tax (CIMI). IMI is levied on (VPT) urban and rural value of properties and are part of the municipality’s revenues.

The tax registration value is determined through a formula which foresees the multiplication of 6 factors composed of different legal criteria and all with a different scope, transcribed as follows:

Vt = Vc x A x Ca x Cl x Cq x Cv
wherein:
Vt = taxable patrimonial value;
Vc = building’s base value;
A = gross building area and surplus area;
Ca = building’s nature coefficient;
Cl = location coefficient
Cq = quality and comfort coefficient;
Cv = age coefficient.

For the purpose of calculating the quality and comfort coefficient, several criteria are specified, namely if the buildings are destined for housing or commerce, industries and services, and on the other hand the existence of different elements that add or diminish the surplus calculated. In other words, the law qualifies as “majorativo” the elements that will increase the registered value and “minorativo” those that will reduce. The final quality and comfort coefficient is between 0,5 and 1,7. Therefore, every single element influences the quality and comfort final coefficient, with greater or lesser degree, depending on its value. The mentioned amendment focused on urban buildings intended for housing, because the coefficients of location and connected workability where enhanced in both ways “majorativo” and “minorativo”. Previously the coefficient established was 0,5 in either cases. Currently in “majorativo” way was increased to 0,20 and the other one to 0,10. Through this increase, both coefficients equate the same values for urban buildings destined for commerce, industries and services.

This amendment obtained a huge media projection, particularly because of the guidelines that define location and connected workability. The Ordinance n.º 1434/2007 is the only legal document known that develops characterizing features. The guidelines applied to be considered in the evaluation of urban buildings in either ways are the direction of the building, the location of the floor and the relative location on the floor. For instance, exclusively on “minorativo” way the guidelines are in visual field achieved with the examples of the graveyards and the WWTP, the sufferable environmental quality through noise and air pollution, poor accessibility or diminished quality of infrastructure. On the other hand, it should be borne in mind that this change in the coefficient value does not imply a change of IMI, only a modification of VPT calculation. Firstly, and as it has already been mentioned the quality and comfort coefficient ranges between 0,5 and 1,7, then because it exists only in the case of urban buildings for housing, thirteen elements forming this coefficient in the “majorativo” way. Debatable is therefore the preponderance of this standard, provided that there are only two elements in the same table with the same value. For the curious, the Financial Portal has an interactive map, the Geographic Information System of Property Tax, which allows to know the corresponding zoning, as well as the parcels on which each municipality is divided.

Another interesting information concerns about the date of building completion, which has a particular relevance to the beginning of property taxation. In this matter the remained untouched criteria are the date of the granted city council license when required, when there is any use and not merely superficial or when it becomes possible the normal use for which they were intended. However, it is no longer the date of filling the property registration with the inclusion of the date of completion of the works, but the one that is actually indicated as the completion of such work. In case of a judicial review, the law defines that the new legal standings are the taxpayers not exclusively, but also the town hall and the parish council when it is the beneficiary of the revenue. Time-plaints complaints and judicial challenge shall run from the time limit for voluntary payment of the first or the only provision of the tax.

The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.

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