Portugal's_List_of_Tax_Havens

Portugal's list of tax havens

Portugal's list of tax havens

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Under Ministerial Order n. 150/2004 of 13 February, issued by the Portuguese Ministry of Finance and consequently updated, Portugal defines an official blacklist of countries and jurisdictions considered for legal and tax purposes as tax havens.

Quick Facts Ministral Order n. 150/2004, Ministry of Finance ...

Blacklisted Jurisdictions

Current Blacklisted Jurisdictions

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Former Blacklisted Jurisdictions

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Sanctions

National sanctions

The Portuguese Tax Code foresees aggravated withholding tax, 35% tax rate, on capital income (interests and dividends) deriving from black listed jurisdictions and an aggravated municipal property tax of 7% on property owned by entities located in said jurisdiction. Portugal's "blacklist" is defined by decree issued by the Minister of Finance and taking into account confidential reports issued by the Portuguese Tax and Customs Authority.

In addition, non-habitual residents (NHRs) status holders do not benefit from personal income tax exemption on interests, dividends, capital gains, income from immovable property (rents), royalties, intellectual property income and business income) if: these are sourced from black-listed jurisdictions.[19] Therefore, taxation of such income will be subject to the normal rates or to the 35% rate depending on the type of income earned by the NHR status holder.

European Union Sanctions

On December 16, 2019, the EU Code of Conduct Group (Business Taxation) (CCG), under the Economic and Financial Affairs Council, published a new guidance[20] on sanctions to be applied by EU Member States against blacklisted 'non-cooperative' jurisdictions by the end of 2020. These sanctions were immediately backed[21] by the Finish Presidency of the Council of the European Union who labelled them as "defensive-measures" that are recommended to EU Member States to take against blacklisted jurisdictions.[22] Implementation of such sanctions by Portugal are expected to occur on January 1, 2021.

Criticism

The list has been said to have violated EU Law by discriminating against a former EU-Member State's territory such as Gibraltar, therefore violating the principle of free movement of capital. Furthermore, the list does not take into account whether Portugal has in place a double taxation agreement with the blacklisted territory.[23][24][25]

Critics also point out that the list is not clear[23][24] given the fact that it makes no provisions regarding the dissolution of the Netherlands Antilles nor if countries such as Japan, Australia or New Zealand fall under the category of "other Pacific Islands." In addition, the Portuguese list does not mirror the list adopted by the European Union regarding tax aggressive and non-cooperative jurisdictions.[26]


References

  1. "Resolução da Assembleia da República 196/2016, 2016-09-22". Diário da República Eletrónico (in Portuguese). Retrieved 2019-11-13.
  2. CCIAP. "CCIAP". CCIAP. Retrieved 2019-11-13.
  3. PricewaterhouseCoopers. "Tax havens". PwC. Retrieved 2019-11-13.
  4. "Resolução da Assembleia da República 95/2014, 2014-11-13". Diário da República Eletrónico (in Portuguese). Retrieved 2019-11-13.
  5. Crisóstomo, Pedro. "Portugal retira Andorra da "lista negra" de paraísos fiscais". PÚBLICO (in Portuguese). Retrieved 2021-02-04.
  6. Lusa, Agência. "Portugal retirou Andorra da lista de paraísos fiscais". Observador (in European Portuguese). Retrieved 2021-02-04.
  7. "Portaria 292/2011, 2011-11-08". Diário da República Eletrónico (in Portuguese). Retrieved 2021-02-04.
  8. "Non-Habitual Resident (NHR) Regime - MCS". mcs.pt. Retrieved 2020-04-01.
  9. "Report 14114/19 from the Code of Conduct Group (Business Taxation)". Council of the European Union. December 25, 2019. Retrieved December 17, 2019.
  10. "EU to roll out sanctions against blacklisted jurisdictions". www.internationalinvestment.net. 2019-12-17. Retrieved 2019-12-18.
  11. Lintilä, Mika (December 5, 2019). "OUTCOME OF THE COUNCIL MEETING - 3736th Council meeting" (PDF). Council of the European Union. Retrieved December 18, 2019.
  12. "Hipocrisia Tributária". JM Madeira (in European Portuguese). 2019-08-01. Retrieved 2019-11-13.
  13. "Problemas de uma Lista Negra". O Jornal Económico (in European Portuguese). 2017-08-01. Retrieved 2021-02-05.
  14. "Portugal, a Venezuela da Europa". JM Madeira (in European Portuguese). 2021-01-14. Retrieved 2021-02-05.
  15. "Offshore Company Formation". www.tba-associates.com. April 2015. Retrieved 2021-08-21.

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