[ESTABLISHING A BUSINESS ENTITY IN PORTUGAL] 406
in any way, they could affect public order, safety or health. Projects of this nature require an assessment of compliance with statutory requirements and prerequisites established under Portuguese law. Included in this category are those concerning the production of weapons, munitions and war materials or those which involve the exercise of public authority. They must comply with legally mandatory conditions and requirements, thus requiring specific licenses. Finally, it should be noted that some activities are subject to authorization restrictions before starting their operations in our territory, such as banking and insurance activities. Foreign companies are also subject to taxes and other tariffs, including Corporate Income Tax (“IRC”), Value Added Tax (“IVA”), Vehicle Tax, Property Tax (“IMI”), among others. Companies must also respect deadlines regarding social security payments, as well as payments payable to their employees. It should be noted that the Treaty of the European Union establishes the free movement of capital, resulting in an overall framework of foreign investment within the EU, under the limits set by the subsidiary principle which is without prejudice of the legislation of certain Member States. All restrictions on capital movements and payments between EU Member States are prohibited. Member States may, however, take justified measures with the aim of preventing breaches of their own legislation, including taxation and supervision of financial institutions. EU countries may also provide procedures for the declaration of capital movements for administrative or statistical purposes and
take other justified actions on the grounds of public policy or public security. However, these measures and procedures should not constitute a means of arbitrary discrimination or a simulated restriction on the free
movement of capital and payments. V.2. Deductibility of Financing Costs
Portuguese Law allows the deductibility of financing costs. In fact, net financing costs contribute to determining taxable profit up to the higher of the following limits:
EUR 1.000.000; or
•
• 30% of profit before depreciation, amortization, net financing costs and taxes. Net financing costs that are not deductible under the above terms may still be considered in determining the taxable profit of one or more of the five subsequent tax periods, after the net financing costs of that same period, subject to the aforementioned limitations. Whenever the amount of financing costs deducted is less than 30 % of the result before depreciation, amortization, net financing costs and taxes, the unused part of this limit is added to the maximum amount deductible, under the terms of the second limitation mentioned above, until the 5th tax period afterwards. For the aforementioned purposes, the first to be considered are the non-deductible net financing costs and the unused portion of the aforementioned limit that have been calculated earlier. V.3. Residency and Material Visa Restrictions Currently, Portuguese Law opens the possibility for foreign investors who invest either by themselves or through a company which they own, to apply for a Portuguese
ILN Corporate Group – Establishing a Business Entity Series
Made with FlippingBook Ebook Creator