Calm! The answer is no.
Dozens of questions are coming to me about this supposed error in the IRS simulator on the Finance Portal. The answer is simple.
As you know, in the Mais Habitação support program, one of the laws states that whoever sells a second home or urban land and uses – within 3 months after the sale – the money (in whole or in part) to repay the mortgage loan. own or descendants, is exempt from paying capital gains. This is a saving of tens of thousands of euros. Basically, it’s 25% of all the profit you made from the sale of the property that you would have to hand over to the State and which can now stay in your pocket.
HERE in this article are the tables and lines that you must fill in this year’s IRS.
And HERE is an article with all the details of the law, which I wrote in December last year.
It turns out that people are filling out IRS Model 3 (well), but when they validate and try to submit the IRS, the simulator says that they have to pay the expected capital gains. Now, this is scaring people.
From what I understand there is a huge difficulty in filling out the IRS for 2022, and even for 2023, regarding the possibility of exemption from capital gains under the legislation of the more housing program.
As other comments refer, the AT simulator does not consider the new table 19 of annex G and always simulates what the taxpayer has to pay.
Can you help clarify these situations?
How should the taxpayer proceed?
Good afternoon, the same thing is happening to me. Includes 50% of the capital gains in global income, an amount that is not compensated in any of the other items. I filled in fields 4 and 19 of Annex G.
Is it a mistake in the simulator, but will DGCI then take the amortization into account when calculating the final value, or am I filling out something wrong?
I sold a secondary housing property on December 28, 2023, on February 1, 2024 I wrote off part of my housing loan.
I bought it for 30,000
Expenses – 26,000
Sold for 110,000
Deducted 70,000 in credit
Today, when simulating on the finance portal, it says that I have to pay capital gains, or I am doing something wrong or the simulator has an error.
Anyone else having the same problem?
AT’s response
I contacted the Tax Authority, who replied that the simulator is generic (it always has been). It is not prepared to simulate capital gains or other types of income, for example, abroad. Therefore, the fact that the simulator says that you have to pay should not be a cause for concern. You can and should submit your IRS despite this “wrong” result of the simulation.
When you receive the Settlement Note, you will see that you have not paid these capital gains (as long as you have filled out everything correctly). If, when analyzing the Settlement Note, you find that there is an error and that you will have to pay what you were not supposed to pay, you will have to submit a complaint and it will then follow its normal course.
This response was also confirmed in writing by several Contas-poupança readers who sent emails to the Tax Authority.
Good afternoon, I sent an email to finance about the fact that the simulator requested payment of capital gains and I got this response:
Tax Authority12/04/2024 13:40:20
The Tax and Customs Authority (AT) thanks you for your contact.As clarified in the additional information made available when the IRS simulation is carried out on the Finance Portal, the application presents a simulation but does not include the exclusion of gains from costly transfers, land for construction or residential properties that are not intended for personal housing and permanent status of the taxpayer or his/her household (in paragraphs 1 to 5 of article 50 of Law no. 56/2023, of October 6).
Best regards
AT- Tax and Customs Authority
In short, if you sold a second home property in 2023 or 2024 and followed the steps to repay your home loan or that of your descendants and now, when filling out the IRS, the simulator does not include these accounts, don’t worry: no It’s a mistake, that’s how it is.
The savings will only appear on the Settlement Note. Proceed with IRS delivery without fear.
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