In accordance with the State Budget proposal for 2018, gains arising from the onerous transfer of shares, or similar rights, held in companies or other entities non-resident in Portugal shall be considered obtained in Portugal.
The Portuguese government has recentlybeen very active approvingnew legal measures that relate to the corporate word. Most of these measures were outlinedin the Capitalisation Programme (Progama Capitalizar) that was approved by the Government lastyear.
The judgement of the European Court of Justice (ECJ) in case C-682/15 (the "Berlioz" case), handed down within the framework of a preliminary ruling referral by the Luxembourg Administrative Court, was published on 16 May 2017.
In a recent decision by the Spanish High Court, dated 8 March 2017, the court concluded that severances paid for dismissal or termination of senior executive employment relationships could be totally or partially exempt from taxation for personal income tax (“PIT”) purposes.
When the main economic indicators – in particular the growth rate – show signs of recovery in the Portuguese economy after the recent financial crisis, the Portuguese tax and legal system present a set of attractive and sustainable solutions which place the Portuguese market as one of the most competitive in Europe for investors.