Part I · General principles

Article 12 Constitution of the right to tax benefits

Artigo 12.º · Constituição do direito aos benefícios fiscais

Estatuto dos Benefícios Fiscais · republished by Decree-Law No. 108/2008 · consolidated text checked 26 October 2026

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The right to tax benefits relates back to the date on which the respective conditions are met, even where it is subject to declaratory recognition by the tax administration or to an agreement between the tax administration and the beneficiary, unless the law provides otherwise.

O direito aos benefícios fiscais deve reportar-se à data da verificação dos respectivos pressupostos, ainda que esteja dependente de reconhecimento declarativo pela administração fiscal ou de acordo entre esta e a pessoa beneficiada, salvo quando a lei dispuser de outro modo.

What we checked in this article

The right dates from the time the conditions are met, even where declaratory recognition or an agreement is required, unless the law provides otherwise.

Planning around a Portuguese tax benefit? Article 12 sets the conditions.

We check eligibility for IFICI, the Madeira regime, the start-up and capitalisation incentives and the property benefits, prepare the registrations and claims, and model what the benefit is worth, in English. A written answer and a fixed quote within one working day.

Unofficial English translation prepared by BCA Portugal for reference. Only the Portuguese text published in the Diário da República has legal force. Editorial notes are ours and are not part of the statute.

Applying the law

Portuguese tax benefits, claimed on time and kept

Most benefits in the Statute depend on a registration, a deadline or a condition that has to stay true for years. Tell us what you plan, and we will tell you which benefit applies, what it is worth and what must be filed.

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