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PLMJ | June 2011

I. INVESTING EM ANGOLA TODAY: INTERNATIONAL TAX MANAGEMENT At times the interest Portuguese companies have in the Angolan market has lived alongside the fear that there are factors that discourage investment in the country. In contact with businesspeople linked to a wide variety of sectors, we have been able to witness on the one hand, demonstrations of high levels of motivation and, on the other hand, signs of scepticism as to what the virtues of investing in Angola may be ...

PLMJ | May 2011

 The interaction between the Treaty and Uruguayan tax rules Permanent establishment (Pe)1 and Fixed base for business (Fbb)2 The concept of permanent establishment3 for corporate activity, and the concept of a fixed base for business4 for independent individual workers establish the mechanism for apportionment of tax-raising powers between both countries for income of a nature defined in those countries ...

PLMJ | May 2011

The General Framework for Taxation in Angola was approved in the National Assembly by Law 7/11 and published in the official gazette for Angola on 16 February. This piece of legislation is one of the steps in Angolan tax reform, the objectives of which are well-known ...

PLMJ | May 2011

The Memorandum of Understanding entered into between the Portuguese State and the International Monetary Fund, the European Central Bank and the European Commission (“the Troika”) sets forth a range of goals and measures that shall be implemented by the Portuguese State in order to promote competition in the markets as a means to improve economic growth ...

PLMJ | April 2011

International double taxation is an obstacle to trade relations and to the free movement of goods, services, people and capital. The need to eliminate this obstacle has become more acute in the current context, dominated by new technologies and by the internet ...

PLMJ | February 2011

With the continuous increase of Chinese investments throughout the entire world and, particularly, in Portugal, along with the inverse phenomenon, it is extremely important to acknowledge that Portugal has already entered into double tax treaties with China and Macau, which became important instruments to be considered by companies and individuals when moving forward with their international planning strategies ...

PLMJ | February 2010

In light of the ineffectiveness of tax litigation and the increased mistrust of taxpayers in relation to tax decisions, with the decision-makers very often hiding behind mere decisions of form, it is imperative that we weigh up alternative methods for resolving tax disputes, such as mediation, conciliation, and tax arbitration itself, in order to deal with disputes accumulated and arising out of relations between the State and the taxpayer, thus reversing the fe

PLMJ | February 2010

Following the public discussions which took place after the approval of the Decree-Law no. 317/2009 of 30 October (Decree-Law 317/2009)[1], Decree-Law no. 3/2010 of 5 January (Decree-Law 3/2010) was published in the Official Gazette, imposing a prohibition on credit institutions to charge on automated teller machines[2] (ATM) transactions, as well as, a prohibition on beneficiaries to charge payment transactions in automatic payment terminals and devices[3] ...

PLMJ | November 2009

Several countries have already introduced the concept of “temporary non-residents” into their tax orders, thus enabling them to lay down special rules regarding the taxation of income received by those who are habitually resident in these countries, but take up residence in another country for a certain period – which as a rule does not exceed 5 years and is very often a result of secondment - and subsequently return to their former country of residence ...

PLMJ | November 2009

September has brought a novelty concerning the access to electronic communications infrastructure: the approval by the Ministry of the Environment of Decree-Law 258/2009, of 25th September ...

PLMJ | October 2009

I. Introductory Note The Republic of Mozambique is rich in mineral resources, including oil, gold, mineral water, coal, natural gas, and marble, and even though exploitation of these resources is far below desired levels, the mining sector still contributes to just under 2% of the country’s GDP ...

PLMJ | October 2009

I. Introductory Note Exploitation of forest resources plays an important role in Mozambique’s economy. In fact, Mozambique has some 57 million hectares of native forests, 36% of which show great potential for the wood industry, while the remainder has great social and ecological value, supplying food, medicinal products and building and energy materials ...

PLMJ | July 2009

Following our tax information regarding “New Tax Forms on Interest and Royalties” and “International Double Taxation in Portugal” of the 9th of March and the 8th of July 2009, respectively, were on July the 20th, released the new forms of models 21, 22, 23 and 24 RFI for implementation of the treaty to avoid the double taxation between Portugal and Spain, hereby attached and that are available at the Portal das Finanças ...

PLMJ | July 2009

In January 2010, the decree-law that enacts the Accounting Standardisation System and repeals the Official Chart of Accounts (POC) will enter into force. This legislation was passed as part of a reform that is intended to be structural in nature and apply horizontally across the national accounting system ...

PLMJ | May 2009

 General socio-economic overview The Republic of Mozambique is situated on the east coast of southern Africa. It is bordered to the north by the Republic of Tanzania, to the northeast by Malawi and Zambia, to the west by Zimbabwe, to the south by Swaziland and to the south and west by South Africa. It is therefore very strategically located, providing a gateway to six other countries ...

PLMJ | May 2009

1- What is the structure of the civil court system? The Portuguese judicial system is complex and the competence of each type of court is defined considering the nature of the dispute to be settled. The main division established is between judicial jurisdiction and administrative and tax jurisdiction. The territory is divided for judicial purposes and normally each municipality has its own judicial court with generic competence ...

PLMJ | April 2009

The new forms for reducing the amount of corporate income (IRC) tax to be withheld (MOD. 01-DJR) and for the partial refund of IRC (MOD. 02-DJR) withheld on the payment of interest and royalties between associate companies from different European Union Member- States under the Interest and Royalties Directive were  approved in February ...

PLMJ | March 2009

Basic Legal Aspects Portugal is a member of the European Union since 1986, being integrated in the Euro-Zone since its  implementation. Hence, its national law, notably its business law, is in line with the European applicable common norms, namely those deriving of the freedom of  establishment  of  undertakings.  rights ...

PLMJ | January 2009

The Bank of Portugal set up a regime to govern the advertising of the banking products and services that come under its supervision in Regulation No. 10/2008, of 9 December, which came into force on 1 January 2009. The Regulation builds on the general regime laid down in Articles 77 and 77-C of the General Credit Institutions and Financial Companies Regime (the RGIC), as most recently amended by Article 2 of Decree-Law 211-A/2008, of 3 November ...

PLMJ | January 2009

The first calendar day of 2009 marked the entry into force of the new Portuguese Insurance Contracts Act (Insurance Contracts Act), approved by Decree-law no. 72/2008 of 16 April 2008 ...

PLMJ | November 2008

The 2009 State Budget Bill was presented to Parliament on 15 October. The general discussion and voting on the Bill are scheduled for 5, 6 and 7 November while the special discussion and voting and final overall discussion and voting are scheduled for the 27th and 28th of the same month ...

PLMJ | July 2008

Confidentiality and legal privilege protection of internal communications produced by in-house lawyers was secured by Lisbon’s Commerce Tribunal, in a recent decision ruled within the scope of administrative offence proceedings started by the Portuguese Competition Authority ...

PLMJ | April 2008

1. The recently published Decree-Law 55/2008 of 26 March has set out the regulatory provisions necessary for  implementing incentive measures for the speedier recovery of areas in Portugal that suffer most from typical inland regional problems, as provided for in the Tax Benefits Statute (EBF) ...

PLMJ | March 2008

1. Last Friday saw the publication of Decree-Law 13/2008, of 18  January,  which  extended  the  tax  regime  applicable  to companies that register to carry on business in the Madeira Free Trade Zone between 1st January 2007 and 31st December 2013 ...

PLMJ | March 2008

1. The long-awaited duty requiring users or promoters of operations and transactions whose sole or principal objective is to obtain tax benefits to communicate such operations or transactions to the tax authorities has finally become law in Decree-Law 29/2008 of 25 February. 2. Due to its excessively wide nature, however, the new antiabuse measure raises some very serious doubts ...

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