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Technical News – April 2023

© Jacob Dahgren

 

CASE-LAW

  • Main new developments in case-law:
Court Tax  Link  Take-away
CAAD PIT Here The Court refers a question to the CJEU as to the compatibility with EU law of the prohibition of the application of the reduced rate of 14% to the sale of shares in French SMEs. Additionally, it questions whether it can reclassify the operation as a dividend since the sale is made (i) significantly above book value and (ii) the company is owned by the taxpayer himself.   
CAAD PIT Here Garages acquired as autonomous fractions together with the main house are used for the purpose of reinvesting capital gains in IRS.
CAAD RETT Here A company providing “consultancy services for the acquisition and management of credit portfolios”, being a financial company, benefits from RETT exemption under the same terms as a credit institution.
CAAD RETT Here Expenses with obtaining a building permit including all architectural and specialty projects are charges with the valuation of the property for the purpose of capital gain reduction in IRS.
CAAD PIT Here Failure to report income subject to withholding to the AT (namely in the DMR) makes the employer jointly and severally liable for the missing tax. 
CAAD VAT  Here Two inspections concerning the same taxpayer, tax and tax period are not admitted when there are no new facts.
TJUE VAT Here Charging an electric vehicle is a delivery of goods (electricity).

 

LEGISLATION AND INFORMATION ISSUED BY THE PTA

  • Main new legislation and information from the PTA:
Legislation Tax Link Take-away
PIV CIT Aqui A subcontractor in Portugal has a permanent establishment on a construction site in Spain if it carries out its activities there for a period period of more than twelve months.
PIV CIT Aqui To be neutral (i) in the spin-off the partners of the receiving company have to remain the same as in the spun-off company, and (ii) not only may there be shares left as assets in the spun-off company.
Lei  VAT Aqui Implements a temporary VAT exemption for essential foods.
Ofício-Circulado VAT Aqui Clarification on VAT exemption for essential foods.

See newsletter BC here and here
FAQs  VAT Aqui FAQs on essential food categories.
Ofício-Circulado  Costums Aqui Registration in the F-Gas Portal is required to import Hydrofluorocarbons (HFCs).
Proposta de Lei
 PIT and VAT Aqui “More Housing” Package.
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