Nuno de Oliveira Garcia reflects on the maintenance of extraordinary contributions in 2025 | Jornal de Negócios

The new update to the OECD Model Tax Convention on Income and on Capital incorporates regulatory adjustments, interpretative clarifications and additional criteria in response to recent developments in international taxation. It addresses relevant issues relating, among other things, cross-border teleworking, the exploration and exploitation of natural resources, transfer pricing aspects of financial transactions or information received through exchange of information.

Recently, the Tax Agency’s departments have been altered in order to, among other things, adapt their roles and responsibilities to new forms of tax-related administrative cooperation —covered by Council Directive (EU) 2021/514 (DAC7) and transposed into the Taxation Act —. Among these, we highlight in this commentary the importance of joint audits, recalling their main characteristics and analysing some of the problems that their implementation may pose

All taxpayers subject to wealth tax, both residents and non-residents, are in a comparable situation and must therefore be able to apply the combined cap of Article 31(1) LIP, the existence of a real or personal obligation being irrelevant for the purposes of the comparability analysis, since the determining factor is the nature and purpose of this tax device, as well as its content.

Contrary to the stance taken by the Audiencia Nacional, the Valencia High Court of Justice takes the view that the exemption of interest payments to European Union residents should be applied in accordance with the terms that the national legislature has chosen to keep, without the additional requirements of Directive 2003/49/EC. If abusive practices are found to exist, tax regularisation must be carried out by resorting to one of the general anti-abuse clauses provided for in the Taxation Act.

This article analyses situations which, although they do not involve the transfer of property ownership, are legally treated as equivalent to a sale and are subject to Transfer Tax in Portugal.

La Sentencia del Tribunal de Justicia de 26 de junio del 2025 declara que las dos primeras decisiones de la Comisión Europea sobre la incompatibilidad con las normas sobre ayudas estatales del régimen de amortización fiscal del fondo de comercio financiero generaron confianza legítima sobre el alcance y límites de la obligación de recuperación, incluyendo dentro de su alcance las adquisiciones directas e indirectas de participaciones en empresas extranjeras. Por tanto, no cabe la recuperación retroactiva de las ayudas relacionadas con adquisiciones indirectas cubiertas por las dos primeras decisiones, por lo que debe procederse a su devolución junto con los intereses de demora.

For the Grand Chamber of the CJEU, a tax exemption based on objective and non-discriminatory criteria and integrated into the logic of the legal system which it accompanies is inherent in the ‘normal’ tax regime and does not, in principle, confer a selective advantage. In such cases, the conditions for granting the exemption are neutral from the point of view of competition, as the fact that some undertakings satisfy those conditions, while others do not, is not relevant in the light of the rules on State aid.

Here follows a critical analysis of the changes made by the Public Service of Justice (Efficiency Measures) Act to the regulation of three of the exemptions provided for in Article 7 of the Personal Income Tax Act that seek to favour the implementation and promotion of non-court appropriate dispute resolution procedures.

This paper intends to highlight the consequences that attaching to company shares an ancillary obligation consisting of compliance with a shareholders' agreement has (and does not have), consequences that derive from the integration of the agreement into the corporate organisation.