I. EDITORIAL – NON-HABITUAL RESIDENTS – AMENDMENT OF HIGH ADDED VALUE ACTIVITIES TABLE For the month of July, we highlight the Ordinance no. 230/2019 of 23 July, which introduced into the legal regime of taxation of non-habitual residents (“NHR”), provided for in Article 72, paragraph 10 and Article 81, paragraph 5 of the Personal Income Tax Code, a new high added value activities table, amending the Ordinance no. 12/2010 of 7 January, which initially approved the respective table. From 01/01/2020, the new list of high added value activities in the taxation of the NHR, will be based on the codes and the interpretation of the Portuguese Classification of Professions, being required to the workers that exercise such activities, in order to be qualified under this legal regime, the fulfilment of one of the following requirements: (i) being the holder of the level 4 of European Qualifications Framework, (ii) being the holder of the level 35 of the International Standard Classification of Education, (iii) have five years of duly attested professional experience. The month of July was also marked by the creation, through Ordinance no. 233/2019 of 25 July, of the system of notifications and summons made by electronic transmission of … Read More
Newsletter – June 2019
I. EDITORIAL – REGULATION OF THE NEW “AFFORDABLE RENTING” PROGRAM The month of June saw the publication of different relevant laws, deserving a special mention the Ordinance no. 177/2019 of June 6. The Ordinance no. 177/2019 of June 6 regulates the provisions of the Decree-Law no. 68/2019 of May 22, regarding the registration of the residences in the Affordable Renting Programme establishing the minimum conditions regarding safety, health and living comfort, the content of the accommodation sheet and the instructions elements to submit in the registration of the residence and the content of the residence enrolment. It should also be noted the publication of the Ordinance no. 200/2019 of June 28 which establishes the deadline for the initial declaration of the Central Registry of Beneficial Owner and revoke the articles 13 and 17 of the Ordinance no. 233/2018, of August 21. Regarding case-law, it is worth noting the Judgment of Court of 19 June 2019, in Case C-608/17 which address the question of the application of the concept of the final losses of a non-resident subsidiary to a sub-subsidiary. Equally noteworthy is the Judgment of the Constitutional Court no. 331/2019, in Case-law no. 599/17 which decides to judge unconstitutional the … Read More