PORTUGAL Law and Practice Contributed by: Francisco Cabral Matos, Rita Pereira de Abreu and Margarida Campelo, VdA
enues of EUR750 million or more must submit CbCR to the Portuguese tax authorities within 12 months of the end of the relevant taxable year. Duplication of CbCR submissions may be avoided if the Portuguese- resident entity indicates (i) the group entity (whether Portuguese or foreign) responsible for submitting the group’s CbCR and (ii) the respective jurisdiction. Regarding transparency provisions, Decree-Law 29/2008 introduced a mandatory disclosure obliga - tion for promoters and taxpayers concerning arrange - ments that confer tax advantages. 9.12 Digital Economy Businesses Portugal has implemented DAC7 through Law 36/2023, updating Decree-Law 61/2013 to require digital platforms to perform due diligence and report seller information annually to the Portuguese tax authorities. Reports cover periods from 1 January 2023 and are due by 31 January of the following year, with low-volume sellers excluded under the domestic thresholds; technical filing and registration are set by implementing orders. Non-compliance triggers sanc - tions and may lead to supplementary measures, such as revocation of the EU registration after repeated notices.
Platform operators can opt for a single EU member state to fulfil reporting and must register and maintain status (including “excluded operator” where applica - ble). Duplicate reporting can be avoided where anoth - er operator has already filed equivalent information. 9.13 Approach to Digital Services Taxation Portugal’s policy on digital taxation has been to act within co-ordinated EU/OECD frameworks. This is visible in the systematic use of EU administrative- co-operation instruments for the platform economy (DAC7). 9.14 Offshore IP Provisions Portuguese domestic tax law does not contain spe - cific rules addressing the taxation of income derived from offshore IP, apart from imposing a higher 35% WHT on payments made to entities located in black - listed jurisdictions.
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