STA decision on the (non-) exemption of holding companies from stamp duty published

The Supreme Administrative Court decision no. 6/2024, published today, settles the issue of the exemption from the payment of stamp duty for companies managing shareholdings domiciled in Portugal.

In this regard, it was decided that holding companies domiciled in Portugal and governed by the provisions of Decree-Law n.º 495/88 of 30 December, whose sole purpose is the management of shareholdings in other companies not operating in the financial sector, do not benefit from the exemption from payment of stamp duty provided for in Article 7, no. 1, C) of the Stamp Duty Code. These companies do not benefit from the exemption from payment of stamp duty, as they do not subjectively fall within the concept of a financial institution as defined in Article 3, no.1, paragraph 22 of Directive 2013/36/EU and Article 4, no.1, paragraph 26 of EU Regulation 575/2013.

Click HERE to access the decision.

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[Photo by: Dimitri Karastelev , available at unsplash.com]