To print this article, all you need is to be registered or login on Mondaq.com.
New anti-avoidance rules were published on 14 February 1995 which relate to transactions with or investments in non resident entities with a favourable tax regime. For these purposes a favourable tax regime is normally one where amounts of income are taxed a rate of less than 20% or the nominal income tax rate is 20% or less.
Payments made by Portuguese residents to such countries are now presumed not to be tax deductible for the payer unless they can be demonstrated to relate to actual services made or goods provided, were not of an abnormal character and the price paid was not excessive.
Where a Portuguese resident shareholder holds directly or indirectly more than 25% of a company in such a territory (or holds more than 10% where the total shareholding by Portuguese residents is more than 50%) then undistributed profits are treated as income of the shareholder and taxed on him in Portugal. In order to be exempt from such deemed income a number of specific requirements must be met. Generally banking and finance activities will not be able to meet the exemptions.
There are a number of features of the new law which remain unclear and are the subject of discussions with the tax authorities.
For further information please contact Mark Gibbins, tax partner, KPMG Peat Marwick, telephone: +351 1 311 04 06.
Tax audits are always stressful for business. It doesn't matter if the audit is announced or unannounced, but it still causes the taxpayer negative emotions and concerns about its results.
Many funds and similar entities will be exempted from consolidating controlled investees under amendments to IFRS 10 ‘Consolidated financial statements’.
With the "Big Four'' auditing firms facing new obligations imposed by the profession's watchdog, Syedur Rahman of financial crime specialists Rahman Ravelli assesses the action they need to take.
The difference in treatment between finance leases and operating leases has, for years, stood out as an inconsistent fillip of established accounting practice.
On the 11 November 2020, the Malta Financial Services Authority (the "MFSA") issued a circular to bring to the attention of issuers the latest interpretative communication by the European Commission
FREE News Alerts
Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email.