This Decree regulates the previous certification of computer invoicing programmes relating to the Corporate Income Tax Code.
The growing use of electronic data processing systems, namely those designed for transmissions of goods invoicing or supply of services invoicing, brings along undeniable advantages in terms of celerity of information treatment. However, the latter systems bring about new risks in terms of fiscal control, due to the possibility of subsequent adulteration of registered data, potentiating tax evasion situations. Within this context, it is important to define rules so that the invoicing programmes can fulfil requisites that ensure the non-violation of information once registered. Consequently, only the programmes obeying such requisites are permitted to be used, after certification by the AT. Procedures regarding notification to the European Commission, pursuant to Decree-Law 58/200 of the 18th April, were followed. Thus: According to nº 8 of Article 123 of Corporate Income Tax Code, approved by Decree- Law 442-B/88, of the 30th November, by the Minister of State and Finance, the Government decrees the following:
* 1st Article
The present decree:
a) Regulates the use and previous certification of computer invoicing programmes, which nº 9 of article 123rd of Corporate Income Tax Code refers to, being its abbreviation Código de IRC, approved by Decree nº 442-B/88, of the 30th November;
b) Regulates the issue of documents carried out by equipment or non-certified software;
c) Alters the data structure encompassed by the annex to Decree nº 1192/2009, of 8th October.
* 2nd Article
Use of computer invoicing programmes
1 - The taxpayers subject to Personal Income Tax (IRS) or Corporate Income Tax (IRC), in order to issue invoices or equivalent documents and receipts/tickets in the terms of articles 36th and 40th of VAT Code (IVA), are required to use, exclusively, computer invoicing programmes which have been subjected to a previous certification by the Taxation and Customs Authority (AT).
2 – The taxpayers who are under any of the following conditions are not included in the previous paragraph:
a) Taxpayers who use software produced internally or by a company integrated in the same economic group, of which they own the respective copyright;
b) Taxpayers who, during the previous taxation period, had a turnover lower or equal to €100.000.
c) Taxpayers who, during the previous taxation period, have issued invoices, equivalent documents or receipts/tickets which were less than one thousand in number.
d) Taxpayers who carry out transmissions of goods through automatic distribution mechanisms or services which require the issue of a receipt/ticket, an admission or transportation ticket, or other document printed beforehand and to the bearer to prove the payment.
3 – Taxpayers are also required to use certified invoicing programmes in the following cases:
a) Those taxpayers referred to in paragraph 1, even if they are encompassed by any of the exclusions mentioned in b), c) and d) of paragraph 2, when they opt for the use of a computer invoicing programme, from the date the present decree has come into force.
b) The taxpayers who use a multi company computer invoicing programme.
* 3rd Article
The certification of invoicing programmes depends on the cumulative existence of the following requisites:
a) To have the possibility of exporting the file referred to in the Decree nº 321-A/2007, of the 26th March.
b) To have a system which makes possible the identification of stored invoices or equivalent documents and receipts, through an asymmetric cipher algorithm and a private password, which is only known by the programme producer;
c) To have a control to access the electronic system, being compulsory the authentication of each user.
d) Not to have any function that, at the office or remotely, allows altering, direct or indirectly, the information of a fiscal nature, without generating proof aggregated to the original information.
e) To fulfil all the other technical requisites approved by dispatch of the Director General of the Taxation and Customs Authority (AT).
* 4th Article
The companies that create software, before commercializing the programmes, shall send to the AT, for certification purposes, the following:
a) A declaration in an official model, approved by the Minister of Finance;
b) The public key aiming at the validation of the authenticity and integrity of the group of data pursuant to article 6th, signed by means of the corresponding private key.
1 - The AT issues, within 30 days as of the receipt of the aforementioned declaration, the corresponding programme certificate.
2 - The certificate issue may be preceded by conformity tests. The programme producer shall be notified of the testing, and the period supplied in the previous paragraph shall be suspended while the aforementioned tests are not concluded.
3 -To verify the fulfilling of the requisites pursuant to Article 3, the AT may, at any moment, carry out conformity tests and the producer shall supply a copy of the programme and the necessary documentation, including the data dictionary.
4 - Users can find an updated list of the programmes and respective certified versions, as well as the identification of the producers, on the AT Website.
5 - The certified version of an invoicing programme shall obey to the corresponding requisites, even that the latter programme is used by a taxpayer for whom it is not compulsory to have a certified programme.
* 6th Article
1- The identification system, referred to in b) Article 3th, shall use the RSA asymmetric cipher algorithm, receiving the following data, linked together, in the following order, separated by a «;» (semi-colon), which constitute the message to be signed by means of the private key:
a) The invoice issue date, or of the equivalent document or receipt [field 126.96.36.199 – sale document issue date [InvoiceDate) of SAF-T (PT)];
b) Date and hour of the last alteration of the invoice, or of the equivalent document or receipt [field 188.8.131.52 – sale document record date (SystemEntryDate) of SAF-T (PT)];
c) The invoice number, or of the equivalent document or receipt [field 184.108.40.206 – the only identification of the sale document (InvoiceNo) of SAF-T (PT)];
d) The invoice amount, or of the equivalent document or receipt [field 220.127.116.11.3 – total of the documents with taxes [Gross Total) of SAF-T (PT)];
e) Signature generated in the previous document, of the same series [field 18.104.22.168 – document key (Hash) of SAF-T (PT)];
2- The signature resulting from the statement of the previous paragraph and the version of the private key of encryption shall be stored in the database of the invoicing programme.
3 - The invoices or equivalent documents and receipts shall bear the following:
a) A group of 4 characters of the signature referred to in the previous paragraph corresponding to the 1st, 11th, 21st and 31st positions, and separated by hyphen;
b) The certificate number allocated to the respective programme, using for that purpose the expression «Processado por programa certificado n.o “… (Processed by a certified programme no …), that substitutes that one pursuant to no 3 Article 8th of circulation of goods regime, approved by Decree 147/2003, of the 11th July.
* 7th Article
Transportation Documents and others
Pursuant to article 6th, the following documents shall be digitally signed:
a) - Documents, namely a transportation note or a delivery note, which work as a transportation document, according to what is stated in circulation of goods regime, approved by Decree no147/2003 of the 11th July;
b) - Any other documents, irrespective of their designation, susceptible to be submitted to a customer to confirm the goods delivery or services, namely the so-called table checks.
* 8th Article
Use of invoices printed in a printing-office
The taxpayers mentioned in article 2th can only issue invoices printed in an authorized printing-office when the invoicing programme is out of order, and they must be retrieved later on by theprogramme.
* 9th Article
Documents issued by cash registers
Non-certified equipments or invoicing programmes, that besides receipts also issue any other documents susceptible of being submitted to a customer as evidence of the transmission of goods or services, namely the so-called table checks, must:
a) Number the documents in a sequential order, which shall contain the following elements:
i) Date and hour of issue;
ii) Social designation and the supplier of goods or services Tax Identification Number
iii) Usual designation and quantity of transmitted goods or supplied services;
iv)The tax net price and the amount of due tax, or the price including the tax;
v) The indication that it cannot be used as an invoice;
b) To record the documents according to a specific series, in a database, in the internal till roll or in the electronic journal, evidencing likewise the cancelled documents.
2 – The documents issued in Training Mode by non-certified invoicing software or programmes, shall contain in writing such fact. (i.e. “document issued for training purposes”).
The Member of the Government responsible for the Finance area, through the AT Director-General’s proposal, may determine the revocation of the certificate issued pursuant to Article 5th, whenever the requisites according to Article 3th are not fulfilled.
Alteration of Decree no 1192/2009
1-The technical note of field 22.214.171.124 of the data structure existing in the Annex of the Decree no 1192/2009 of the 8th October will have the following wording: «The signature in the terms of the decree that regulates the certification of invoicing computer programmes. The field shall be filled in with ‘0’ (zero), in case the certification is not compulsory. ».
2 -The format of the aforementioned field will be: «String 200».
3-The technical note of field 126.96.36.199 of the aforementioned data structure will read: «Version of private key used in the creation of the signature of field 188.8.131.52».
DISCLAIMER: THIS TRANSLATION IS NOT, AND DO NOT PURPORT TO BE, OFFICIAL, AND IS INTENDED FOR INFORMATIONAL USE ONLY. IT HAS NO STATUS OTHER THAN AS AN INFORMAL, UNOFFICIAL, AID TO NON-PORTUGUESE SPEAKERS IN UNDERSTANDING THE PORTUGUESE SOFTWARE CERTIFICATION LAW. ONLY THE PORTUGUESE ORIGINAL CAN BE RELIED ON FOR INTERPRETATIVE PURPOSES, AND IN ANY DEALINGS WITH THE PORTUGUESE TAX SYSTEM OR ITS OFFICIALS.