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Amendments to the VAT Refund Regime

We hereby inform the business community and other interested parties that, Decree No. 78/2017 of 28 December has recently been amended by the Decree No. 30/2022 of 23 June. This diploma entered into force on 23 June 2022, the date of its publication.

The amendments introduced refer to Articles 18, 19, 20, 21 and 22, as follows:

  • the Special Regime for VAT Regularization by the mining and oil & gas companies is now applicable not only to companies that are in the Production phase, but also to those in the prospecting, exploration and development phases, as well as those contracting directly with them and the special purpose entities under the respective concession contracts;
  • the companies referred to above, may request the Tax Administration to be framed in the Special Regime for Regularization of the VAT paid by their suppliers of goods and services, provided that they prove:
  1. if in the prospecting and exploration phases and in the development phase of the project, that they have performed or will perform in the respective financial year, an investment equivalent to 25 million US dollars;
  2. if in the production phase, that 75% of their sales in the preceding year were destined for exports.
  • The use of Regularization Notes is conditional on the respective VAT assessed and not paid be registered simultaneously in the periodic declaration of the purchaser and of the supplier, in the same tax period;
  • For taxable persons in the production phase, the following are no longer required: (i) confirmation of eligibility of the taxpayer issued by the Ministry of Industry and Commerce (MIC) and the (ii) contract for the supply of goods for export, thus, the taxpayer must only present for this purpose, the Single Export Document (DU) evidencing that at least 75% of the previous year's sales were destined for exports.