RPBA Law Firm

Practice Areas

RPBA practice areas are Tax Law and, on an ancillary basis, Company Law, Real Estate Law and Contract Law,
especially due to our involvement in tax structuring and restructuring of operations and corporate groups.

The fact that we have deliberately narrowed our service offer to tax and tax related issues does not mean a necessary restriction of our Client base. Indeed, taxation permeates every aspect of contemporary life, and accordingly each person is prone to be a taxpayer of some sort.

Tax is one of the most complex and ever evolving areas of knowledge. It encompasses law, microeconomics, public finance, accounting and financial computation. Tax advisory work is an elusive designation that may comprise:

KNOW-HOW

RPBA brings together here a multitude of informative content, such as publications, articles, presentations, among others, designed and developed by our team.

Given the fickleness of today’s tax world it is not easy to follow up on current issues and on the best strategies.

Our newsletters and presentations provide specific information with added value.

10

JAN 2024

NHR - Termination and Replacement regimes - Interested parties list - Outcome

The Portuguese Budget Law for 2024 was approved on 30 November 2023.
We can now confirm that the Non-habitual tax resident (NHR) regime was indeed revoked starting January 1, 2024.
A grandfathering regime was approved to cover some special situations.
Concerning the new proposed material incentive regime there were a few adjustments. The ex-residents regime was also clarified.
KEY TAKEAWAYS
Individuals becoming tax residents of Portugal until December 31, 2023, can apply for the NHR regime until March 31, 2024.
Individuals who become tax resident of Portugal until December 31, 2024 can apply for the NHR regime until March 31, 2025, provided they meet the grandfathering regime requirements.
Due to the approved amendments to the grandfathering regime those who are interested to move to Portugal under the NHR regime with effect to 2023 must take immediate action NOW:
For Non-EU nationals, initiate of your immigration process still in 2023.
For EU nationals (and Iceland, Liechtenstein, Norway, Principality of Andorra and Switzerland nationals):
Check the criteria of the grandfathering regime and see what you can still meet (e.g. promise or employment contract, promise or secondment agreement signed by December 31, 2023, whose duties must take place within national territory). Failing those criteria,
Obtain (i) now, asap, in December 2023, a Portuguese tax number and an access to the Portuguese tax web portal (even as non-Portuguese tax resident; several online service providers do this for a small fee), (ii) secure permanent housing in Portugal via a documented agreement (namely a standard lease – not a short-term rental – lasting for at least one year) with a starting date in December 2023, (iii) register in person in Portugal in December 2023 at the municipality of chosen residence (some require booking and slots for this are disappearing fast), (iv) request online the tax number status change to that of a Portuguese tax resident still in December 2023 (otherwise more complex procedures to retroact the requested change to 2023 will occur) and (v) apply online for the NHR regime until 30 March 2024.
Retired / pensioners and high net worth individuals living from their savings and deriving passive income only do not qualify for the new regime.
Due to the significant number of uncertainties surrounding the new material incentive regime (dubious legal wording, need for Tax Authorities’ IT updates and a clarifying Administrative Ruling, need for Ministerial Orders, Government dismissal with limited powers, political climate in Portugal with parliamentary elections in March 2024), we recommend that, if the NHR is beneficial to you, please opt for it and do not “gamble” with this new regime.
GRANDFATHERING REGIME
The existing regime continues to be applicable, until the end of the initial 10-year period set out in the Portuguese Personal Income Tax (IRS) Code, counting from the date on which the taxpayer became resident in Portuguese territory:
a) To the taxpayer who, on December 31, 2023, is already registered as a non-habitual resident in the taxpayer register;
b) To the taxpayer who, on December 31, 2023, meets the conditions to qualify as a resident for tax purposes in the Portuguese territory;
c) To the taxpayer who becomes a resident for tax purposes by December 31, 2024 and who declares, for the purposes of registering as a non-habitual resident, to have one of the following elements:
Promise or employment contract, promise or secondment agreement signed by December 31, 2023, whose duties must take place within national territory;
or,
Lease contract or other contract granting the use or possession of property in Portuguese territory concluded until October 10, 2023;
or,
Reservation contract or promissory contract for the acquisition of real rights over property in Portuguese territory concluded by October 10, 2023;
or,
Enrollment or registration for dependents, at an educational establishment domiciled in Portuguese territory, completed by October 10, 2023;
or,
Residence visa or residence permit valid until December 31, 2023;
or,
Procedure, initiated by December 31, 2023, of granting a residence visa or residence permit, with the competent entities, in accordance with the current legislation applicable to immigration matters, namely through the request for an appointment or actual appointment for submission of the request for the granting of a residence visa or residence permit or, also, by submitting the request for the granting of a residence visa or residence permit.
To the taxpayer who is a member of the household of the taxpayers referred to in the previous paragraphs.
For the purposes of the provisions of paragraphs c) and d) of the previous paragraph, the taxpayer must request registration as a non-habitual resident, electronically, on the Portuguese Tax Web Portal, after the act of registration as a resident in Portuguese territory, until March 31 of the following year, by reference to the year in which he became resident in that territory.
NEW REGIME
In what concerns the new proposed material regime, there are a few adjustments, but we highlight, as of now, the following features:
Taxpayers who, by becoming tax residents in 2024 under the terms of paragraphs 1 and 2 of article 16 of the IRS Code, and who have not been resident in Portuguese territory in any of the five previous years, can benefit from a tax incentive regime which allows them to be taxed, at a special rate of 20% on net income of categories A and B (in general; specific distinctions exist which may not allow self-employed income in certain cases) earned within the scope of the specific activities detailed in the regime, for a period of 10 consecutive years from the year of registration as a resident in Portuguese territory, without prejudice to the option for the aggregation of income to the progressive brackets.
The right to be taxed under the terms of this regime, in each year of the period referred to, depends on the taxpayer being considered tax resident in Portuguese territory, at any time during that year and continuing to earn, each year, income included in the exercise of one of the specific activities listed.
For the purposes of the provisions of the previous paragraph, it is considered that the taxpayer continues to earn income included in one of the activities listed, whenever the beginning of the exercise of the new activity occurs within a maximum period of six months after the end of the activity previously carried out.
The taxpayer who has not enjoyed the right to be taxed in one or more years of the 10-year period may resume enjoyment of the regime in any of the remaining years of that period, from the year, including, in which he is once again considered a resident for tax purposes in Portuguese territory and once again receives income from the exercise of one of the activities listed.
Cannot benefit from the provisions of this regime the taxpayers which:
Benefit or have benefited from the non-habitual resident regime;
Have opted for taxation under article 12-A (Program Return / Regressar) of the IRS Code.
In cases where registration is carried out outside the period defined in a Ministerial Order, the special taxation takes effect from the year in which registration is carried out and is in force for the remaining legal period provided for.
This regime is not applicable to income received in relation to jobs covered by subparagraph c) of paragraph 2 of article 22 of the Investment Tax Code.
This new regime provided can only be used once.
These listed activities qualify for the regime:
Teaching in higher education and scientific research, including scientific employment in entities, structures and networks dedicated to the production, dissemination and transmission of knowledge, integrated into the national science and technology system, as well as jobs and members of governing bodies in entities recognized as technology and innovation centers, within the scope of Decree-Law no. 126-B/2021, of December 31; or
Research and development of personnel whose costs are eligible for the purposes of the tax incentive system in research and business development, in accordance with subparagraph b) of paragraph 1 of article 37 of the Investment Tax Code; or
Qualified jobs posts and members of Statutory Bodies, in entities that carry out economic activities recognized by the Agency for Investment and Foreign Trade of Portugal, E. P. E. or by IAPMEI - Agency for Competitiveness and Innovation, I.P. as relevant to the national economy, particularly in the context of attracting productive investment, as well as reducing regional asymmetries.
These other listed activities, that we view as particularly relevant, also qualify:
Highly qualified professions, to be defined by Ministerial Order issued by the members of the Government responsible for the areas of finances and economy. As per a transitional Ministerial Order the current activity list of the NHR applies. Please check FAQ5 on www.nonhabitualtaxresident.com
a)I) developed in industrial and service companies, whose main activity corresponds to one of the CAE codes defined in a Ministerial Order and which export at least 50% of their turnover, in the year in which the corresponding duties started or in any of the two previous years.
The following activities (as an example) are encompassed as per a transitional Ministerial Order; i) IT consultancy and programming and related activities, ii) Information services activities (ex. data processing and web sites), iii) administrative and support service activities provided to companies.
a)II) developed in companies with relevant applications, in the year in which the corresponding duties started or in the five previous ones, which benefit or have benefitted from the ”Regime Fiscal de Apoio ao Investimento” (RFAI), in accordance with chapter III of the Investment Tax Code.
The RFAI is a tax benefit that allows companies to deduct from the tax collected a percentage of the investment made in fixed assets (tangible and intangible). However, the percentage allowed to be deducted differs according to the region in which the investment is made (Lisbon and Algarve are less attractive in this regard).
Jobs posts and members of statutory bodies in entities certified as start-ups, under the terms of Law no. 21/2023, of May 25.
The mentioned legal regime defines the concept of startup as any company that; i) has been in operation for less than 10 years, ii) employs under 250 employees, iii) has an annual turnover of less than €50 million, iv) is not the result of a transformation or split from a large company, and no large company holds a direct or indirect majority stake in its capital, v) has its headquarters or permanent representation office in Portugal, or it employs at least 25 employees in Portugal, and vi) meets one of the following conditions: 1) It is an innovative company with high growth potential, innovative business models, products or services, and falls within the scope of Ordinance 195/2018 of July 5, or has been recognized as suitable for research and development (“R&D”) activities by the Portuguese National Innovation Agency or certified through the recognition process for technology sector companies, except for promotional, intermediation, investment, or real estate development companies; or 2) It has successfully completed at least one round of venture capital financing from a legally qualified venture capital investment entity supervised by the Portuguese Securities Market Commission (CMVM) or a similar international authority, or through equity or mezzanine instruments provided by investors who are not founding shareholders of the company; or 3) It has received investment from Banco Português de Fomento, S. A., or from funds managed by it, or from its subsidiaries, or from one of its equity or mezzanine instruments.
Jobs posts or other activities carried out by tax residents in the autonomous regions of the Azores and Madeira, under terms to be defined by regional legislative decree. It is expected that the Madeira regime, which is ruled by the center-right wing party, may be significantly more favorable than the national one, something which was already publicly announced by the head of the Madeira Government. Please be reminded that Madeira also benefits from a Free Zone with a 5% Corporate Income Tax rate regime, among other tax benefits.
Additionally, taxpayers who can benefit from this tax incentive regime regarding their Portuguese employment or self-employment activities (income categories A and B), also benefit from a tax exemption (with progression) on several sources of non-Portuguese income: employment/self-employment income, capital income, capital gains, and rental income.
Ironically, the new regime set in the Proposal can potentially be more advantageous than the previous one for the qualified and employed groups of people that can benefit from it as foreign income is always exempt for all categories of income (i.e., employment income performed abroad, self-employment income performed abroad, foreign rental income, capital gains in foreign assets), with the exception of pension income, which is never exempt and will be taxed progressively up to a 53% tax rate.
As an exception, the law states that qualifying taxpayers that derive foreign income from a non-resident entity without a permanent establishment in Portugal, located in a country, territory, or region subject to a “favorable more advantageous tax regime” (i.e., a blacklisted tax haven) are subject to certain tax rules (for capital income and capital gains) that envisage an autonomous 35% rate.
This provision is not fully clear: i) does it disqualify all the non-blacklisted income from taxpayers that have blacklisted income from the benefit regime and taxes all the income of the taxpayers at 35%? ii) does it tax all the blacklisted income from taxpayers at 35%? iii) does it tax only the blacklisted capital income and gains from taxpayers at 35%? This point needs clarification.
In any case, the 35% autonomous tax rate conflicts with the Double Taxation Conventions entered into by Portugal with blacklisted tax havens, which force Portugal, at least, to grant a credit for the foreign tax paid. And, in our view, also conflicts with the European Union free movement of capital provisions, which should not enable a tax rate higher than 28%.
Since non-blacklisted foreign income is automatically exempt:
there should no longer be the need to interpret the Double Tax Treaties concluded between Portugal and the source country or the OECD Model Tax Convention and intertwine it with Portuguese source and NHR rules – which could potentially jeopardize the exemption. Portuguese domestic rules on income sourcing will determine what is foreign source income, which is a paradigm shift. This is currently a relevant issue when it comes to capital gains on securities as Portugal usually taxes such income – but with the approved amendments it will no longer do so;
the scope of the exempted self-employment income is no longer limited as it does not need to derive from a High Value-Added activity. Of course, the scope of the beneficiaries was also narrowed, but this does not change the fact that any self-employment income earned performed abroad is exempt, while it currently has to derive from a High Value-Added activity to be so;
employment income no longer needs to be subject to taxation in the source country in order for the exemption to apply.
The access to this regime implies previous registration with the Tax Authorities regarding 10. a) above; with Start-up Portugal regarding 10. b) above; with the Agency for Investment and Foreign Trade of Portugal, E. P. E. or IAPMEI - Agency for Competitiveness and Innovation regarding 10. c) above; and with the autonomous regions of the Azores or Madeira regarding 10. d) above.
This mandatory registration procedure will be regulated by a Ministerial Order that does not yet exist. Notwithstanding, regarding a) above, the new legal regime expressly states that, until the relevant Ministerial Order is approved, the mandatory registration should be made with the Tax Authorities via the Portuguese Tax Web Portal (“Portal das Finanças”); this will still imply small adjustments to it in order to be put it in practice, but the online registration procedure should be as streamlined as that of the current NHR regime. We are hopeful that this IT issue will be solved in January 2024.
Several additional layers of uncertainty exist:
The fulfillment of the necessary conditions for the individual to get a special rate of 20% on net income from categories A and B is, in some cases, out of his/her control (e.g. the company exporting at least 50% of the turnover or making certain investments).Employers will be reluctant to withhold tax at 20% on conditions that are uncertain and so employees may face excess withholdings before they can claim the tax back on their tax returns, after monitoring their employers’ performance / accounts.
The concept of “export” needs to be clarified.
The indirect link to “export” is concerning for companies given EU State Aid and WTO rules on export subsidies.
In some of the listed activities it is doubtful if a self-employed service provider can be encompassed in the regime or if only an employee can.
AMENDMENTS TO THE “EX-RESIDENTS” REGIME
Currently, there is a tax benefit in place for people who (i) became/become tax resident in Portugal from 2019 to 2023 (ii) have been previously tax resident in Portugal and left before a certain date; (iii) have not been tax resident in Portugal during the 3 years prior to the new residence; (iv) have their Portuguese tax obligations in good standing and (v) have not applied for the NHR regime.
Other current main features are:
The benefit corresponds to a cut in half of the tax base (not to be confused with tax rates) applicable to all employment and self-employment income earned (from foreign and Portuguese source);
No reduced rate as the general and progressive rates apply instead;
No need to register for it. One can apply for its benefits while filling the tax return;
No need to perform a specific activity to be eligible.
The benefit changed with the Budget Law approval: (a) it lasts during a period of 5 years and (b) the 50% exclusion of the taxable base is limited to the first € 250,000 of income from employment and self-employment income. This means that if an individual has € 500,000 of such income € 250,000 will go untaxed, the other € 250,000 being subject to the progressive tax brackets.
It is still necessary to have the Portuguese tax obligations in good standing and not apply for the NHR. A Parliamentary amendment clarified that it is still necessary to have been resident in Portugal before; on the other hand, the applicant must not have been resident in Portugal during the 5 years prior to entry into this regime.
The Proposal foresees that the regime will only apply for those who move until the end of 2026.
With this being said, the “ex-residents” regime may be a viable option for newcomers that were formerly Portuguese tax residents obtaining employment or self-employment income either abroad or in Portugal.
Keeping the ex-residents regime without the old NHR risks EU non-discrimination challenges (as ex-residents are most likely Portuguese nationals, and covertly reserving a tax regime for those is a violation of the EU free movement of citizens, and an horizontal discrimination between ex-residents and never before residents; the new Italian inpatriate regime is conscious of this problem). We expect that there will be never-before tax residents in Portugal that will challenge this issue.

21

NOV 2023

EMPLOYEE STOCK OPTIONS: NEW TAX REGIME

The Portuguese Government has enacted a set of rules intended to foster and ease housing in Portugal, commonly known as “Mais Habitação” (“More Housing”), that entered into force on 7th October 2023. This Law nr. 56/2023, of 6th October, brought some important novelties. Please find below the most significant changes regarding real estate taxation:
Property Municipal Transfer Tax (“PTT”) and Property Municipal Ownership Tax (“POT”)
PPT exemption on the acquisition of property for resale
The PTT exemption on the acquisition of property for resale can be granted when the property is acquired (ab initio) or afterwards (by refund). In any case, this exemption depends on the fulfillment of requirements.
This new law introduces two changes on those requirements:
(i) the resale must now be carried out within 1 year from the acquisition (previously, the law stated a period of 3 years);
(ii) the previous law already stated that the resold property could not have a different purpose, but the legislator now specified that will be deemed to happen when construction works performed on the property determine a variation in its tax property value (“VPT”).
All the other requirements remain the same:
(i) the intention to resell must be declared at the time of acquisition and the property has to be registered in inventories;
(ii) the property has to be resold without it being declared as purchased for resale again;
(iii) the taxpayer must have the activity of purchase for resale as part of its corporate purpose and tax enrollment with the Portuguese Tax Authorities.
Compensatory interest is now due when the tax exemption ceases its application, counting from the date of the acquisition of the property.
Those two changes may damage legitimate expectations based on the past law, especially in what concerns acquisitions for resale that occurred before 7th October, 2023. In an incomprehensive solution, the legislator has not established a transition period for their implementation.
Urban buildings or autonomous units allocated to “rental support program” and land for construction of residential.
Urban buildings or autonomous units acquired, rehabilitated, or built to be subject to the “rental support program”, will be exempt from PTT and from POT. The latter applies for 3 years counting from the year of the acquisition and may be renovated, through taxpayer’s request, for 5 more years.
Land for construction of residential properties may also be exempt from PPT and POT, upon the fulfillment of some legal requirements namely regarding the municipal approval of the construction.
The legislator revoked (i) the POT exemption during 3 years in case of purchase for resale, and (ii) the POT exemption during 4 years for plot construction in those cases where the company had such an activity (set in the social object, in case of a commercial company).
Value added Tax (“VAT”)
Reduced VAT rate of 6% applicable on rehabilitation of properties (items 2.18 and 2.23, list I, of the VAT Code)
Item 2.18 now includes construction or rehabilitation contracts for affordable housing, controlled-cost housing, or properties on the rental support program.
On item 2.23, the concept of “urban rehabilitation works” was replaced by “building rehabilitation works”, with the purpose of excluding new construction from the reduced VAT rate of 6% (except new construction of public facilities for collective use or operations of recognized national public interest).
Ongoing rehabilitation works at the time the new law came into force can still benefit from the previous wording of the law in some cases, namely (i) in case of licensing processes submitted to a Municipal Council before 7th October, and (ii) in case of licensing processes submitted later than 7th October, but that benefit from a favorable prior information request (“pedido de informação prévia”) in force.
The Portuguese Tax Authorities have recently published an administrative order (Ofício Circulado nr. 25003) clarifying these changes and their application to ongoing rehabilitation works, under the terms mentioned before.
Personal Income Tax (“PIT”)
Exclusion of taxation on the capital gain deriving from the sale of the permanent residence
From 7th October, 2023, onwards, to benefit from PIT exclusion, the property sold (permanent residence) must have been also inscribed as the tax domicile of the taxpayer or its family, during the 2 years prior to the sale.
The exclusion no longer applies if the taxpayer benefited from it in the year of the sale or in the three preceding years. Nevertheless, it may still apply if verified by the Portuguese Tax Authorities that it occurred due to exceptional circumstances.
The other requirements established in the PIT Code (that the sale proceeds must be reinvested in another permanent residence in the Portuguese, European Union or European Economic Area territory, within certain deadlines, and/or in contributions to the public capitalization regime or in a life insurance policy / open pension fund that generates periodic payments, within certain conditions), remain the same.
Once again, these two changes may damage legitimate expectations based on past law, especially in what concerns to permanent residences acquired before 7th October, 2023, and that will be sold before the mentioned period of 2 years. Again, in an incomprehensive solution, the legislator has not established a transition period for their application.
Lastly, this new law states that the gain derived from the sale of land for construction or residential property that is not intended for the taxpayer's or its family's permanent residence may also be exempt, provided that the following conditions are cumulatively met: (i) the proceeds of the sale are used to amortize the remaining capital on mortgage loans for the taxpayer or his descendants' permanent residence; and (ii) the amortization takes place within three months from the sale.
This exceptional exemption applies to sales made between 1st January, 2022 and 31st December, 2024.
The legislator also stated that the deadline for reinvestment was suspended between 1st January, 2020, and 31st December, 2021.
Taxation of rental income
This law under analysis introduced a difference between rental income deriving from housing and non-housing rentals. The former will be subject to a flat tax rate of 25%, and the latter maintains the tax rate of 28%.
This rate for housing rentals may also change in accordance with the duration of the rental agreement. Therefore, as illustrated below:
(i) a reduction of ten percentage points (and a 15% tax rate) will be applied to income from rental contracts for permanent residence, with a duration of 5 years or more and less than 10 years; for each renewal with the same duration, a reduction of two percentage points will be applied up to a limit of ten percentage points (and a minimum tax rate of 5%);
(ii) a reduction of fifteen percentage points (and a 10% tax rate) will be applied to income from rental contracts for permanent residence with a duration of 10 years or more and less than 20 years;
(iii) a reduction of twenty percentage points (and a 5% tax rate) will be applied to income from rental contracts for permanent residence with a duration of 20 years or more.
The legislator clarified that the mentioned changes will be applicable to new rental contracts or renovations, entered into after the law enters into force.
There are also some limitations on the amount of the monthly rent applicable to new contracts. In this case, besides the deductions of expenses already stated in the PIT Code, the taxpayers may also benefit from the application of coefficients inferior to 1, on the determination of the rental income subject to tax.
Also, the rental income derived from municipal programs may benefit from PIT and Corporate Income Tax exemptions upon the fulfillment of some conditions.
Lastly, rental income deriving from properties rented for permanent residence purposes, that used to be allocated to short-term accommodation (“alojamento local”), will be exempt from PIT and Corporate Income Tax, if: (i) the short-term accommodation has been registered and used until 31 December 2022 and (ii) the conclusion of the rental contract and respective inscription in the Portuguese Tax Authorities website takes place until 31st December 2024. The exemption will apply for rental income obtained until 31st December, 2029.
The taxpayers that had deducted VAT on the acquisition of the properties, under their activity of short-term accommodation, and that now rent them out, must analyze and apply the rules on VAT regularization.
Sale of real estate to public entities
Gains derived from the sale of real estate for housing purposes to the State, Autonomous Regions, public corporate entities from the housing sector or municipal authorities, are exempt from PIT (and Corporate Income Tax), except: (i) in the case of residents in a country, territory or region subject to a more favorable tax regime, included on the Portuguese tax haven backlist; or (ii) in case of exercise of pre-emptive rights.
Tax benefits
Revocation of tax benefits on rehabilitation of properties
Investment funds that rehabilitate properties in “rehabilitation areas” will no longer enjoy Corporate Income Tax benefits.
Moreover, taxpayers that rehabilitate properties in “rehabilitation areas” will no longer enjoy PIT benefits on, such as: (i) the reduced rate of 5% on rental income arising from leasing and (ii) the reduced rate of 5% on capital gain arising from the first transfer of such properties following intervention.
Once again, these changes may damage legitimate expectations based on past law, especially of acquisitions for rehabilitation purposes in “rehabilitation areas” that occurred until 7th October, 2023. Once more, the legislator has not established any transition period.
***
We have the know-how to assist and support our Clients on matters of real estate taxation, namely on the application of the changes mentioned above. In case you would like to discuss the details of your specific situation please contact: rita@rpba.pt.

Social Responsibility

RPBA's commitment to responsible and sustainable development is structured around four basic principles:

Environment:

In order to promote better environmental sustainability and reduce our ecological footprint, RPBA adopted the following policies:

► Recycling and separation of waste batteries and office consumables;
► Rational use of energy and paper;
► Efficient use of natural resources.

Community:

RPBA integrated several projects that reflect its social concern and community involvement. Through donations and solidarity based actions, RPBA supports and participates in several causes:

► Instituto da Cooperação Jurídica da Faculdade de Direito da Universidade de Lisboa (FDUL) – In 2018, RPBA made a book donation (with an estimated value of 1550.00 €) to the Institute of Legal Cooperation of the Lisbon University School of Law (Instituto da Cooperação Jurídica da FDUL). This donation, without any financial compensation, included a collection of Guinea-Bissau’s Official Bulletin (Boletim Oficial da Guiné-Bissau), a folder with spread legislation and other book titles regarding this country. Most of this spoil had been acquired in Guinea Bissau by RPBA's managing partner between October 1997 and September 1998, when he was a Senior Lecturer and Coordinating Teacher to the Junior Degree in Law at the Bissau School of Law.
► Solidary Survey - Following the completion of the annual Client Satisfaction Survey in 2016, RPBA had the initiative to revert 2 € to the Médicos do Mundo Association (Doctors of the World) for each completed feedback survey received. After accounting for the feedback received, RPBA made a donation of 200,00 €. To learn more about this campaign, please visit the website and the Facebook page of this Association.
► “Dar o que Sobrar” Campaign (“Surplus Donations” Campaign) – In 2014, RPBA joined this solidarity campaign organized by the Associação Médicos do Mundo (Doctors of the World Association) by collecting and donating surplus pharmaceutical drugs. Again in 2014 RPBA donated 2,500 euros to this association. To read more about these activities, please visit the site and the blog of this Association.
► Autismo EPE – RPBA supports the Autismo EPE project, namely by making available its Marketing and Communication area’s time and expertise. To learn more about this project, please visit their site.
► Associação CDR – Ciclismo e BTT – RPBA supported the project CDR – Ciclismo e BTT, an association that promotes the practice of sport among young people and adults through cycling.
► Pro-Bono – RPBA annually sets a number of hours for pro-bono activities. From 2014 to 2017 RPBA spent on those activities an average of 66 hours per year.

Our Clients:

RPBA measures its performance and its quality by the success and satisfaction of its Clients. Accordingly, our commitment to them is thus translated by:

► Respecting their trust and best interests;
► Assuring the confidentiality of their identity, data, and other information;
► Solving problems with proficiency and implementing quality solutions;
► Attaining maximum mutual satisfaction in the search of innovative tax solutions;
► Regularly measuring Clients' satisfaction in order to ensure the continuous improvement of our services.

Our Team:

RPBA is the sum of its employees, and as such it has a real concern for the satisfaction of its team, while believing in the contribution of each individual in the construction of a greater good. To this end, RPBA promotes:

► Ongoing employee training achieved through annual investment in customized plans;
► Opportunities for personal and professional growth;
► Flexible approach to telecommuting, vacation, maternity or sabbatical leave, etc.;
► Constant investment in hygiene, safety and welfare at work. In 2014, there was an expansion of RPBA’s facilities with the creation of a new reception and waiting area and a spacious meeting room and library.
► Since 2021, RPBA has adopted a hybrid work system, allowing the employee to switch between face-to-face and remote work, contributing to greater autonomy and flexibility in working hours and reconciling professional and personal time.

RPBA is a Portuguese tax law boutique firm,

RPBA

Modus Operandi

RPBA emphasizes tailor-made and partner supervised services to carefully selected Clients, who enjoy personalized attention, undivided dedication and full availability.

Segment

RPBA is focused on niche practice areas, where it believes that it is able to excel, being that we incorporate studying, pro bono, publishing, teaching and associative and public activities in our professional lives.

Skills

RPBA has highly skilled Portuguese tax lawyers who develop Tax Consulting, Tax Opinions, Tax Legislation Design, Tax Structuring and Tax Litigation, either on International or Domestic Tax Law, with a focus on income and estate taxes.

Development

RPBA team receives constant tax training and knowledge updates and publishes regularly an array of fiscal content, from computer presentations to articles in academic reviews

Focus

RPBA has specific expertise in personal residence regimes in Portugal (namely through the Portuguese non-habitual tax resident regime) and abroad, Family Office setting-up and management and corporate and business restructuring.

Personalization

RPBA offers a personalised service: for each Client there is an identified contact, relationship manager and delivery responsible person, providing a focal coordinating point.

For more information on our services and to meet our team please download the

Work

Practice Areas

Corporate:

Personal:

Tax Litigation:

Real Estate:

Financial:

Family Offices:

RPBA's Mission

RPBA Core Purpose is:

RPBA Core Values are:

We are the sum of our people: their qualities, their initiatives, their intellectual investments and their learning experiences. We want to recruit good people and to see the good in them, to delegate, to have them perform, to hold them accountable, and to make achievers out of them.

Vision

RPBA Work Rule

one and only is:

Brief overview of RPBA’s team

Managing Partner

Ricardo da Palma Borges

Since 2011, he has been an arbitrator on tax matters for the Portuguese Administrative Arbitration Centre (CAAD), having participated on the following cases:

Cases in 2014

Cases in 2015

Cases in 2016

cases in 2017

cases in 2018

cases in 2020

Partner

Ana Rita Pereira

Partner

Ana Isabel Correia

Associate

Lisete Santos Rodrigues

Associate

Ana Cristina do Amaral Patrício

Associate

António Freitas Vilar

Jurist

Alexandra Esteves Lopes

Associate

Carolina Silva Esteves

Associate

Maria Viegas da Cunha

Lawyer / Legal Translator

Catarina Pereira Ventura

Administrative and Financial Manager

Isabel Magro

Assistant

Filipa Coelho Ferreira

Administrative Assistant

Sara Santos

Marketing, Communication & Business Development

Marta Rêgo

IT Consultant

José Soares

KNOW-HOW

Library

Publications

Newspaper articles and blog posts

Newsletters

Presentations

Infographics

Tax Jurisprudence

Tax Alerts

Know-How

RPBA's Library and Meeting Room

Know-How