The European Commission has requested Portugal to amend its tax rules for non-resident companies that are owned by Portuguese residents.
Companies which do not have their registered offices or effective place of management in Portugal are subject to corporate income tax on the income obtained in Portugal. Like other taxpayers, these companies may enjoy a number of tax benefits. However, these benefits are not granted if more than 25% of the capital of the non-resident company is owned by Portuguese residents. The European Commission considers that a different tax treatment of non-resident companies on the basis of their shareholders' residence is an obstacle to the free movement of capital. The request takes the form of a reasoned opinion. In the absence of a satisfactory response within two months, the Commission may refer the matter to the European Court of Justice.