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Estate Planning from Portugal (civil and tax perspectives)

When a succession does not have contact with several jurisdictions, it will not be difficult, in principle, to determine the applicable national law. However, in the globalized world that we live in, there are ever more (personal, family and estate) situations that are linked to several locations. Indeed, if an inheritance process has elements of connection with the Portuguese jurisdiction, but also with other jurisdictions, it is ...
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Recent Changes in Portuguese Tax Benefits (April 2021)

Law 21/2021 was published on 20 April 2021, amending the Tax Benefits Statute, the Stamp Duty Code, the Investment Tax Code, the Vehicle Tax Code, and the Vehicle Circulation Tax Code. This law also creates an extraordinary measure for the counting of deadlines, within the scope of Corporate Income Tax, regarding reinvestments.
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The registration of entities that perform activities with virtual assets

Banco de Portugal Notice No. 3/2021 was published on 23rd April 2021, regulating the terms and conditions for the submission to Banco de Portugal of registration applications for changes in the registration of entities that operate, or intend to operate with virtual assets.
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Taxation of real estate capital gains realized by tax residents and the reinvestment

The taxation under Personal Income Tax (“PIT”) of capital gains obtained with the sale of real estate may vary, depending on the taxpayers’ tax residency status. For those who are considered as tax residents, there are tax benefits, namely the consideration of only half (50%) of the value of capital gain and the possibility of the gain being excluded from taxation, provide the realization value is reinvested, whether in the acqui...
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The taxation of real estate capital gains realized by non-residents in Portugal

The Portuguese tax legislation foresees a different taxation, under Personal Income Tax (PIT), over capital gains from the sale of real estate in Portugal for residents and non-residents and the Courts have repeatedly proclaimed this as discriminatory and contrary to the European Union (EU) legislation. The most recent Courts’ decisions, especially with the Portuguese Supreme Administrative Court’s (STA) ruling for case law uni...
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