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- Title
A TRIBUTAÇÃO AGRAVADA SOBRE O PATRIMÓNIO IMOBILIÁRIO DETIDO POR ENTIDADES RESIDENTES EM PARAÍSOS FISCAIS E A LIBERDADE DE CIRCULAÇÃO DE CAPITAIS.
- Authors
Castro Caldas, António; Maurício, Raquel
- Abstract
Acquisition and ownership of real estate in Portugal by entities resident in tax haven jurisdictions have been subject to higher tax rates for some years now. The Portuguese State Budget Law for 2021 has now extended the application of these increased tax rates by establishing that they shall apply not only to the acquisition and ownership of Portuguese real estate by entities resident in tax haven jurisdictions but also by any entity "dominated or controlled" by such entities. In our opinion, the free movement of capital, provided for in article 63 TFEU, precludes Portugal from enforcing these increased tax rates and may be relied on before the Portuguese courts to support a claim for the annulment of tax assessments issued by the Portuguese tax authority that entail the enforcement of these increased tax rates.
- Subjects
PORTUGAL; REAL property tax; JURISDICTION; PROPERTY tax; CAPITAL movements; TAX enforcement; CAPITAL budget laws; TAX rates
- Publication
Actualidad Jurídica (1578-956X), 2021, Issue 55, p207
- ISSN
1578-956X
- Publication type
Article