Article 31 defines the place of supply for telecommunication and electronic services, as specified in the Executive Regulation of the Decree-Law. The rule establishes that the supply location is determined by the extent of the actual use and enjoyment of the service. If a service is used and enjoyed within the State, the place of supply is considered to be in the State. Conversely, to the extent the service is used and enjoyed outside the State, the supply is located there. This 'use and enjoyment' principle explicitly overrides the location of the contract or payment when determining tax jurisdiction.
Title 5 - Rules Pertaining to Supplies
Chapter 2 - Place of Supply
Article 31 Place of Supply of Telecommunication and Electronic Services
For telecommunications and electronic Services specified in the Executive Regulation of the Decree-Law, the place of supply shall be:
In the State, to the extent of the use and enjoyment of the supply in the State.
Outside the State, to the extent of the use and enjoyment of the supply outside the State.
The actual use and enjoyment of telecommunications and electronic Services shall be where the Services were actually used regardless of the place of contract or payment.
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