# CCSL Advogados Tax and Legal ## Crowdfunding Platforms: Anti-Money Laundering Obligations URL: https://ccsllegal.com/2026/07/21/crowdfunding-platforms-anti-money-laundering-obligations/ Crowdfunding Platforms: Anti-Money Laundering Obligations The Portuguese Securities Market Commission (CMVM) published yesterday a generic opinion clarifying the obligations to which Crowdfunding Service Providers (commonly known as crowdfunding platforms) in the lending and investment (equity) modalities are subject. The opinion clarifies that crowdfunding platforms are not subject to all obligations under Law No. 83/2017 of 18 August. They are classified as ?equivalent entities? ? meaning they are subject to a lighter regime, limited to the duties set out in Article 144 of the law. In practice, the regime applicable to collaborative financing entails three main obligations: (i) Identifying investors and promoters; (ii) Retaining information for 7 years; and (iii) Reporting suspicious transactions. The opinion clarifies that crowdfunding platforms are not subject to more in-depth due diligence duties (such as ongoing transaction monitoring or detailed client risk profiling), nor to the general document retention or reporting rules that apply to traditional financial entities (banks, insurers, etc.). In addition to Portuguese law, platforms must also comply with Article 5 of Regulation (EU) 2020/1503, which requires minimum checks on crowdfunding offer promoters ? namely regarding their good repute, relevant criminal records, and connections to high-risk jurisdictions. The most significant change is yet to come: from 10 July 2027, with the entry into application of Regulation (EU) 2024/1624 (the new European anti-money laundering and counter-terrorist financing regulation), crowdfunding platforms will become fully obliged entities ? in exactly the same way as banks or insurers. This means that the current simplified regime will cease to exist. Platforms will become subject to the full range of anti-money laundering duties, including: (i) comprehensive client risk assessment; (ii) ongoing monitoring of transactions; (iii) enhanced due diligence procedures where applicable; (iv) all reporting, record-keeping and internal control duties provided for under the harmonised European framework. For crowdfunding platforms operating in Portugal, it is important to bear in mind that although the current regime is lighter, preparation for the new framework ? which will come into force in July 2027 ? should begin now. Accordingly, platforms should commence a review of their internal procedures, invest in compliance systems, and ensure they will be ready to comply with all obligations of a fully obliged entity once the new European regulation begins to apply.  For further information, please contact us at: rvr@ccsllegal.com [Photo by: Ruxipen, available at unsplash.com] --- ## Banco de Portugal Launches Public Consultation No. 4/2026: Draft Repeal of Instruction No. 4/2021 on Operational and Security Risks of Payment Services URL: https://ccsllegal.com/2026/07/17/banco-de-portugal-launches-public-consultation-no-4-2026-draft-repeal-of-instruction-no-4-2021-on-operational-and-security-risks-of-payment-services/ Banco de Portugal Launches Public Consultation No. 4/2026: Draft Repeal of Instruction No. 4/2021 on Operational and Security Risks of Payment Services Banco de Portugal has opened for public consultation, until 26 August 2026, a draft Instruction aiming to repeal, in its entirety, Banco de Portugal Instruction No. 4/2021, concerning the duty and reporting requirements for the annual assessment of operational and security risks of payment services. Banco de Portugal Instruction No. 4/2021 establishes the duty and reporting requirements for the annual assessment of operational and security risks of payment services provided under the Legal Framework for Payment Services and Electronic Money (?RJSPME?), which transposed Directive (EU) 2015/2366 (PSD2), and the Guidelines of the European Banking Authority on ICT and security risk management (EBA/GL/2019/04). Following the entry into application of Regulation (EU) 2022/2554 (the DORA Regulation ? Digital Operational Resilience Act), concerning digital operational resilience for the financial sector, a harmonised regulatory framework was introduced at European level, covering, among other matters, the management and reporting of risks associated with information and communication technologies (ICT). In particular, pursuant to Article 6(5) of the DORA Regulation, financial entities other than microenterprises are now required to review and document their ICT risk management framework at least once a year, as well as to submit a report on the review of that framework to their respective competent authorities. In this context, keeping Instruction No. 4/2021 in force would result in a duplication of the reporting requirements to which payment service providers are subject. Contributions to Public Consultation No. 4/2026 must be submitted by 26 August 2026, by completing the Excel file available on Banco de Portugal?s website, to the email addresses consultas.publicas.dsp@bportugal.pt and dpg.jur@bportugal.pt, indicating in the subject line ?Reply to Public Consultation No. 4/2026?. For further information, please contact us at rvr@ccsllegal.com [Photo by: Ze Vieira, available at unsplash.com] --- ## Inês Costa Queirós URL: https://ccsllegal.com/team/ines-costa-queiros/ Inês Costa Queirós Associate Inês is a member of the Employment Law practice at CCSL Advogados, where she advises companies on employment law matters, including advisory, litigation, labour compliance, and huma resources matters. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Inês completed her professional traineeship at PLMJ, where she gained experience in Employment Law and Dispute Resolution. She subsequently worked as an employment lawyer at Enes Cabral and later at Azoia & Capelo, Advogados, advising both national and international companies on a wide range of employment law matters, with a particular focus on employment advisory and employment litigation. Academic Background Inês holds a bachelor?s degree in law from the University of Coimbra, a master?s degree in business law with a specialization in labour law from the same institution, and a postgraduate degree in social security law from the Institute of Labor Law. She is the author of the book ?GDPR, AI, and the Employment Relationship ? The Algorithmic Influence on Job Candidate Selection, Performance Evaluation, and Employee Termination,? published by Almedina. Expertise Inês is a member of the Portuguese Bar Association and is fluent in Portuguese and English. E-mail Contact: icq@ccsllegal.com --- ## Amendments to the PRIIPs Legal Framework URL: https://ccsllegal.com/2026/07/09/amendments-to-the-priips-legal-framework/ Amendments to the PRIIPs Legal Framework  Decree-Law No. 134/2026 of 9 July was published today, introducing significant amendments to the regime governing advertising and the prior notification of the key information document relating to packaged retail investment and insurance-based investment products (?PRIIPs?), the legal framework of which is set out in Annex II to Law No. 35/2018 of 20 July.  Among the amendments introduced by the decree-law, we highlight the following: The mandatory prior approval regime is replaced by a prior notification regime to the competent authority, which has 10 working days to raise an objection (previously, the authority had 7 working days to grant approval). Advertising is no longer subject to a six-month validity period, and the obligation of periodic renewal is repealed; The new prior notification regime does not apply to collective investment undertakings that qualify as non-complex financial instruments; The competent authorities may now extend, by regulation, the advance notice period for the prior notification of the key information document up to a maximum of five working days. The decree-law will enter into force on 14 July 2026. Prior approval procedures for advertising pending on the date of entry into force of the decree-law shall continue to be governed by the previous regime.  For more information, please contact rvr@ccsllegal.com [Photo by: Gabrielle Henderson, available at unsplash.com]  --- ## New CMVM FAQs on Reporting Obligations in the Context of Anti-Money Laundering and Counter-Terrorist Financing URL: https://ccsllegal.com/2026/06/11/new-cmvm-faqs-on-reporting-obligations-in-the-context-of-anti-money-laundering-and-counter-terrorist-financing/ New CMVM FAQs on Reporting Obligations in the Context of Anti-Money Laundering and Counter-Terrorist Financing On 26 May 2026, the CMVM updated its Questions and Answers on the obligations applicable to obliged entities in the context of the prevention of money laundering and terrorist financing (?AML/CFT?), following the entry into force of CMVM Regulation No. 5/2025, of 8 August, which introduced amendments to CMVM Regulation No. 2/2020, of 17 March (the ?Regulation?). CMVM Regulation No. 5/2025 introduced, among other amendments, the broadening of the subjective scope of reporting, the transition to a new reporting format and the introduction of new fields and information blocks in Annex I to the Regulation. The first report under the new regime must be submitted by 30 June 2026, with reference to the year 2025. The new FAQs are intended to clarify practical questions relating to compliance with the reporting obligations set out in the Regulation, covering matters such as file submission, the classification of clients and counterparties, and the completion of the various Information Blocks of Annex I to the Regulation. We highlight some of the key clarifications regarding the reporting of information to the CMVM: The CMVM introduces two medium-risk subcategories (medium-low and medium-high) for reporting purposes. The definition of the criteria for this classification is the responsibility of the obliged entities, which must adapt them to the specific risks of their activity. In case of difficulty in the conversion, entities may classify medium risk as medium-high risk; Personnel relevant to AML/CFT are all those who, in the performance of their duties, contribute to the fulfilment of preventive obligations, regardless of their role or professional category; A single client may fall within several types of contractual relationship, and must be counted only once for each type in which it is classified; The report must include counterparties in respect of which identification and due diligence obligations under the Law have been effectively applied. The reporting obligation does not create additional identification or due diligence requirements, and is intended solely to collect aggregate information already available to the entities; Only deficiencies that remain unresolved as at 31 December of the year to which the report relates must be reported, regardless of the date on which they were identified. Deficiencies remedied during the reference period must not be included; Not all Information Blocks of Annex I to the Regulation are mandatory. In optional fields, where there is no information to report, the respective lines must be deleted from the reporting file; Reporting files must be submitted in .xml format through the BUE portal. Validation may be carried out by checking the file against the Schema made available by the CMVM; Files containing validation errors are automatically rejected, and the obliged entity must correct and resubmit them. For the correction of reports in .dat format relating to prior periods, the communication must be made by message on the BUE portal. Click here to access the CMVM FAQs. For further information, please contact us at rvr@ccsllegal.com [Photograph by: Jakub ?erdzicki, available at unsplash.com] --- ## Transposition of the Directives regarding Administrative Cooperation in Tax Matters URL: https://ccsllegal.com/2026/06/03/transposition-of-the-directives-regarding-administrative-cooperation-in-tax-matters/ Transposition of the Directives regarding Administrative Cooperation in Tax Matters It was published today the law transposing into the Portuguese legal system the European Union Directives on administrative cooperation in the field of taxation. The legislation introduces a comprehensive framework for the automatic exchange of information on crypto-assets, extending due diligence and reporting obligations to crypto-asset service providers. It also establishes mandatory automatic exchange of information relating to top-up tax returns under the Global Minimum Tax. To this end, the law amends, among other instruments: the Personal Income Tax Code (Código do IRS); the General Framework for Tax Offences (RGIT); Decree-Law 61/2013 of 10 May concerning the administrative cooperation in tax matters; and the Global Minimum Tax Regime (RIMG). The legislation takes effect from 1 January 2026, with the exception of certain provisions relating to tax identification numbers, which take effect from 1 January 2028 and 1 January 2030. These changes will be the subject of a detailed analysis by CCSL?s Tax team, which we will share shortly. For further information, please contact us at jcg@ccsllegal.com [Photo by: Mikhail Pavstyuk, available at unsplash.com] --- ## Entry into Force of the Amendments to SIMPLEX Urbanístico URL: https://ccsllegal.com/2026/06/01/entry-into-force-of-the-amendments-to-simplex-urbanistico/ Entry into Force of the Amendments to SIMPLEX Urbanístico The amendments to SIMPLEX Urbanístico enter into force today, following the publication last Friday of the decree that introduces significant changes to the regulatory framework governing urban planning and construction in Portugal. This reform aims to address the feasibility constraints identified in the previous reform introduced by the so-called SIMPLEX Urbanístico, by simplifying licensing procedures, making deadlines more flexible and streamlined, clarifying key concepts ? such as ?building works? (edificação), ?reconstruction works? (obras de reconstrução), and ?urban planning operations? (operações urbanísticas) ? as well as strengthening the legal certainty of urban planning permits. The new decree amends the following legal frameworks: The Legal Framework for Urban Planning and Building Works (RJUE); The Legal Framework for Urban Rehabilitation; and The Reform and Simplification of Licensing in the fields of Urban Planning, Spatial Planning, and Industry. The new decree also revokes the General Regulations on Urban Buildings (Regulamento Geral das Edificações Urbanas). This revocation will only take effect upon the entry into force of the decree that will establish the applicable technical standards for building works. As regards entry into force, the decree takes effect on the first business day of the third month following its publication, with the exception of the amendments to SIMPLEX, which enter into force today. These amendments will be the subject of a detailed critical analysis by CCSL?s Real Estate team, which we will share here shortly. For further information, please contact us at jlp@ccsllegal.com. [Photograph by Liam McKay, available at unsplash.com] --- ## Authorization for the Amendment of the Expropriations Code URL: https://ccsllegal.com/2026/06/01/authorization-for-the-amendment-of-the-expropriations-code/ Authorization for the Amendment of the Expropriations Code It has been published today Law No. 25/2026, authorizing the Government to amend the Expropriations Code, with a view to decentralizing the competence to declare the public utility of expropriations, transferring it to the municipal assemblies. Under this enabling law, the Government may amend Article 14 of the Expropriations Code, so that the declaration of public utility will be issued by resolution of the municipal assembly of the territory where the property to be expropriated is located, upon proposal of the expropriating entity. Such resolution shall be deemed a declaration of public utility under Article 13(2) of the said Code. The regime to be approved must also ensure coordination between municipal bodies (deliberative and executive), provide for decision-making mechanisms in situations involving more than one municipality, and establish merely informative reporting obligations to the Government. The enabling law has a duration of 90 days, and therefore an amendment to the Expropriations Code is expected soon. For further information, please contact our team at the following email address: jlp@ccsllegal.com [Photograph by: Joel Filipe, available at unsplash.com] --- ## Bank of Portugal Launches Digital Fraud Monitoring Platform URL: https://ccsllegal.com/2026/05/26/bank-of-portugal-launches-digital-fraud-monitoring-platform/ Bank of Portugal Launches Digital Fraud Monitoring Platform Banco de Portugal has presented a new Platform dedicated to monitoring and combating digital fraud in the Portuguese financial sector. The creation of this Platform responds to a strategic priority of the banking regulator: to tackle the rise in digital fraud and ensure the protection of financial stability and the smooth functioning of national payment systems.   The Platform?s main objectives are:   The exchange of up-to-date information on digital fraud practices and trends; The detection of new fraud patterns and their warning signs; Strengthening coordination between prevention, detection and response; Establishing a national framework for joint analysis and action; Identifying regulatory and technological gaps requiring intervention; Aligning the national strategy with European guidelines in this area. Chaired by the Governor of the Bank of Portugal, the Platform brings together a diverse range of participants from the public and private sectors, including public administration bodies, supervisory authorities, criminal investigation bodies, consumer protection organisations, business associations, the National Cybersecurity Centre, payment service providers and payment system operators.   This initiative represents a significant step towards building a more secure and resilient financial system, at a time when the rapid digitalisation of financial services demands increasingly coordinated responses to protect citizens and businesses.   For more information, please contact us at rvr@ccsllegal.com   [Photograph by Rodion Kutsaiev, available at unsplash.com] --- ## Tax relief measures to promote the Portuguese housing supply URL: https://ccsllegal.com/2026/05/21/tax-relief-measures-to-promote-the-portuguese-housing-supply/ Tax relief measures to promote the Portuguese housing supply A set of tax relief measures to promote and boost the housing supply in Portugal was published on 20 May, in the Official Gazette (Diário da República). Among the main measures are: Reduced VAT rate of 6% on construction and renovation works: Construction and rehabilitation works on properties for Own Permanent Residence or affordable residential rental are subject to a reduced VAT rate of 6%, in force until 31 December 2032. Reduction in the tax rate on property income: Income arising from residential lettings at moderate prices, received since 1 January 2026 until 31 December 2029, will now be taxed as follows: At an autonomous taxation rate of 10%, instead of the previously applicable rate of 25%, when received by individuals subject to personal income tax under the simplified regime; or Considering only 50% of such income, when received by entities subject to corporation tax, or by individuals subject to personal income tax with organised accounting, under Category B. Exclusion of real estate capital gains from personal income tax: Capital gains on property are excluded from personal income tax where the proceeds are reinvested in properties intended for residential rental at a moderate rent. Simplified Affordable Rental Scheme (RSAA): The RSAA is approved, replacing the Rental Support Programme (PAA), with the aim of promoting a rental supply with rents below 80% of the median rent per m² in each municipality. These measures take effect from 1 September 2026. Increase in the IRS rent deduction limit for tenants: The annual personal income tax deduction limit for rents paid by tenants under residential tenancy agreements is progressively increased to ? 900.00 in 2026 and to ? 1,000.00 from 2027 onwards. Alteration to IMT rates for non-residents: The IMT rate applicable to non-residents on the acquisition of an autonomous fraction of an urban building intended exclusively for residential use is set at 7.5%.  This diploma also establishes an Investment Contracts for Rental (CIA) scheme, which provides a set of tax benefits to investors who enter into a contract with the State, for a period of up to 25 years, for the construction, rehabilitation or acquisition of properties intended for residential rental or residential sub-letting. This scheme takes effect on 1 September 2026. For the purposes of this diploma, the following reference values apply: Moderate monthly rent: ? 2,300.00 (corresponding to 2.5 times the national minimum wage for 2026); Moderate sale price: ? 660,982.00 (corresponding to the upper limit of the second bracket of the IMT rate table). For further information, please contact our team at jcg@ccsllegal.com [Photograph by Jakub ?erdzicki, available at unsplash.com] --- ## Entry into Force of the Amendments to the Nationality Law URL: https://ccsllegal.com/2026/05/19/entry-into-force-of-the-amendments-to-the-nationality-law/ Entry into Force of the Amendments to the Nationality Law The amendments to the Portuguese Nationality Law, which introduce significant structural changes to the regime governing the acquisition of Portuguese nationality, enter into force today.  The amendments to the nationality acquisition regime establish the following:  An increase in the minimum legal residency period required to obtain nationality, from 5 to 10 years. For citizens of Portuguese-speaking countries and citizens of the European Union, the minimum legal residence period will now be 7 years. A change to the starting point for counting legal residence period, which will now begin only upon issuance of the first residence permit. Until this moment, the counting period began upon submission of the residence permit application. The introduction of new requirements for obtaining nationality, including the demonstration of knowledge of Portuguese culture, history and national symbols, as well as knowledge of the fundamental rights and duties inherent to Portuguese nationality and the political organization of the Portuguese State. For further information, please contact our team at the following email address: jlp@ccsllegal.com [Photo by: Sasuyn Bughdaryan, available at unsplash.com] --- ## Enactment of Tax Relief Measures in Housing URL: https://ccsllegal.com/2026/05/13/enactment-of-tax-relief-measures-in-housing/ Enactment of Tax Relief Measures in Housing The President of the Republic promulgated yesterday, 12 May, the decree approving a set of tax relief measures aimed at boosting the supply of housing. The tax package in question introduces significant changes, namely: The application of the reduced VAT rate of 6% to construction contracts for properties intended for primary and permanent residence or for residential rental at moderate prices; The reduction of the flat-rate IRS (personal income tax) applicable to rental income from 25% to 10%, applying to landlords who charge rents deemed moderate, in force until 31 December 2029; The exemption from capital gains tax on profits obtained from the sale of residential properties, provided that the proceeds are reinvested in properties intended for long-term rental at moderate prices; The increase of the IRS tax credit limit for rents paid by tenants, up to an annual amount of ?1,000 from 2027 onwards; The application of an IMT (Property Transfer Tax) rate of 7.5% to non-residents acquiring residential properties in Portuguese territory. For these purposes, a moderate sale price is currently defined as a value up to ?660,982, and a moderate rent as a monthly amount of up to ?2,300  These measures aim to incentivise residential construction and rental, by reducing the tax burden associated with investment and the availability of properties on the market.  The decree is expected to be published in the Official Gazette (Diário da República) in the coming days.  For further information, please contact our team at jlp@ccsllegal.com  [Photograph by Colin + Meg, available at unsplash.com] --- ## Promulgation of the Amendments to the Nationality Law URL: https://ccsllegal.com/2026/05/04/promulgation-of-the-amendments-to-the-nationality-law/ Promulgation of the Amendments to the Nationality Law The President of the Republic promulgated yesterday, 3 May, the amendments to the Portuguese Nationality Law, approved by the Assembly of the Republic on 1 April. Accordingly, the respective diploma is expected to be published in the Official Gazette (?Diário da República?) in the coming days and will enter into force on the day following its publication. It is important to recall that the new Nationality Law introduces several significant changes, namely: An increase in the minimum legal residency period required to obtain nationality, from 5 to 10 years, excepting citizens of Portuguese-speaking countries and citizens of European Union, for whom the requirement will be 7 years of legal residency. A change to the starting point for counting the residence period, which will now begin only upon issuance of the first residence permit ? until the entry into force of the new diploma, the counting period began upon submission of the residence permit application. The introduction of new requirements for obtaining nationality, including the demonstration of knowledge of Portuguese culture, history and national symbols, as well as knowledge of the fundamental rights and duties inherent to Portuguese nationality and the political organization of the Portuguese State. Following the entry into force of the new Nationality Law, the Government will have 90 days to approve the respective Regulation, which is expected to clarify and operationalize various aspects of its applicability. For further information, please contact our team at the following email address: jlp@ccsllegal.com [Photo by: Sasuyn Bughdaryan, available at unsplash.com] --- ## Consolidation of the Right to Be Forgotten and Strengthened Protection in Credit-Linked Insurance Contracts URL: https://ccsllegal.com/2026/04/27/consolidation-of-the-right-to-be-forgotten-and-strengthened-protection-in-credit-linked-insurance-contracts/ Consolidation of the Right to Be Forgotten and Strengthened Protection in Credit-Linked Insurance Contracts Law no. 14/2026, of April 27 was published today, strengthening the right to be forgotten and consumer protection in the contract of insurance associated with credit agreements. Among the key changes, the new law: Extends the scope of the right to be forgotten to credit taken out for commercial or professional purposes; Strengthens the duty of disclosure on the part of obliged entities, including in the context of relationships with both natural and legal persons; Provides that life insurance is no longer mandatory as warrantee for loans for the purchase or construction of housing, and may be replaced by a mortgage over another property, a surety bond, or any other real guarantee; Establishes that, in credit agreements taken out by couples (married or in a de facto union), if one member has a disability rating above 60%, life insurance may be required only from the non-disabled member. For more information, please contact rvr@ccsllegal.com [Photo by: Sasun Bughdaryan, available at unsplash.com] --- ## Authorization to Amend the Investment Tax Code URL: https://ccsllegal.com/2026/04/17/authorization-to-amend-the-investment-tax-code/ Authorization to Amend the Investment Tax Code Law No. 13/2026 of 16 April was published, authorizing the Government to amend the Investment Tax Code by extending the incentive regime of the System of Tax Incentives for Business Research and Development II (SIFIDE II) until 2026 and revoking the possibility of its indirect application through investment funds. The legislative authorization, among other matters, authorizes: i) The extension of the SIFIDE II regime until the 2026 tax period; ii) Eliminate the possibility of indirect application of SIFIDE II through investment funds. The authorization granted is valid for 180 days, and therefore an amendment to the Investment Tax Code is expected in the near future. For further information, please contact us at jcg@ccsllegal.com [Photo by: Sasun Bughdaryan, available at unsplash.com] --- ## Guilherme Xavier Oliveira URL: https://ccsllegal.com/team/guilherme-oliveira/ Guilherme Xavier Oliveira Trainee Guilherme joined CCSL Advogados in 2026. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Guilherme successfully completed a summer internship at CCSL in 2025, focusing on corporate law and M&A matters. In 2025, during his last semester of his Law degree, he worked as a jurist at CCSL in the areas of corporate Law and M&A and banking and finance. He is currently working as a Trainee Lawyer, focusing on corporate law and M&A , banking and finance and litigation. Academic Background Guilherme holds a degree in Solicitorship from the Polytechnic Institute of Leiria (2023), and in Law from the Lusíada University of Lisbon (2026). Expertise Guilherme is registered with the Portuguese Bar Association as a Trainee Lawyer and speaks fluent Portuguese and English. He focuses his practice in corporate and M&A, banking and finance and litigation matters. E-mail Contact: gxo@ccsllegal.com --- ## Amendment to the Legal Framework of the Simplified Cadastral Information System and the Single Service Desk/One Stop Shop Property Service (BUPi) URL: https://ccsllegal.com/2026/04/16/amendment-to-the-legal-framework-of-the-simplified-cadastral-information-system-and-the-single-service-desk-one-stop-shop-property-service-bupi/ Amendment to the Legal Framework of the Simplified Cadastral Information System and the Single Service Desk/One Stop Shop Property Service (BUPi) Decree-Law No. 87/2026 of 15 April was published today, with the aim of clarifying certain current legal provisions and introducing new measures regarding the simplified cadastral information system.  The following measures are particularly noteworthy:  the further detailing of the concept of ?interested parties? with standing to carry out the georeferenced graphical representation (RGG) procedure; the clarification that the updating of a property?s area in the land register is carried out in accordance with the provisions of the Land Registration Code, with the area shown in the RGG being relevant in certain situations; the extension of the mandatory requirement to carry out the RGG procedure in documents evidencing acts or transactions involving the transfer of ownership rights, seeking to ensure that, at the time of transfer, all parties have a clear and informed identification of the area, boundaries, and location of the property being transferred, as well as the introduction of an exception where a prior declaration of public utility exists, thereby avoiding situations in which, due to the lack of timely formalization of the expropriation act, the RGG would be refused for overlapping with public domain land; the admissibility of sharing the information contained in BUPi with private entities that perform public functions, exclusively for those purposes; the creation of a special procedure for the annexation of rural properties; the determination that an RGG, once validated in accordance with the law, is converted into the geometric configuration of the property, regardless of the allocation of a unique property identification number (NIP); the establishment of deadlines within the scope of public consultation procedures and the registration of rural properties in the land tax records; and the extension of the free-of-charge regime until 30 September 2026. For further information, please contact us at jlp@ccsllegal.com [Photo by: Miralem-Davy Copra, availabe at unsplash.com] --- ## Amendment to the simplified lay-off regime applicable to the areas affected by Storm «Kristin» URL: https://ccsllegal.com/2026/04/14/amendment-to-the-simplified-lay-off-regime-applicable-to-the-areas-affected-by-storm-kristin/ It was published today the first amendment to Decree-Law No. 31?C/2026 of 5 February, which established a framework for social support measures and a simplified lay-off regime applicable to the areas affected by Storm «Kristin». Under this amendment, the compensatory remuneration payable to employees during the implementation of a measure involving the reduction or suspension of activity motivated by a situation of business crisis resulting from the effects of the storm (lay-off) will now ensure 100% of the employee?s gross normal remuneration, while maintaining the maximum limit of three times the guaranteed minimum monthly wage (RMMG). Furthermore, the decree-law provides that, during the first 60 days of the period of suspension or reduction of activity, the support granted by Social Security shall correspond to 80% of the compensatory remuneration, with the remaining 20% to be borne by the Employer. It should be noted that this measure was already applicable to applications submitted between 28 January 2026 and 31 March 2026. For further information on this regime and other support measures, please consult our Observatory. [Photo by: Krakenimages, available at unsplash.com] --- ## Declaration of the Unconstitutionality of the Interpretation of the Rules of the Regime of Access to Law and Courts URL: https://ccsllegal.com/2026/04/08/declaration-of-the-unconstitutionality-of-the-interpretation-of-the-rules-of-the-regime-of-access-to-law-and-courts/ Declaration of the Unconstitutionality of the Interpretation of the Rules of the Regime of Access to Law and Courts The Constitutional Court has declared unconstitutional, with general binding force, the rule derived from Articles 8, 8-A, 8-B of Law No. 34/2004 (Regime of access to rights and to the courts), and article 12 and Annex IV of Ministerial Order No. 1085-A/2004 of 31 August, to the extent that they were interpreted as meaning that an applicant for legal aid who demonstrates financial insufficiency does not automatically obtain full exemption from court fees and procedural costs, but is instead granted the benefit of instalment payments, even where such payments would reduce their net monthly income below the national minimum wage. The Court held that this interpretation violates the fundamental right of access to justice under Article 20(1) of the Portuguese Constitution, as it imposes a disproportionate financial burden that effectively denies access to the courts for economically vulnerable citizens. This decision consolidates prior case law and strengthens constitutional safeguards ensuring effective access to justice for those who lack sufficient means. For further information, please contact us at hbf@ccsllegal.com [Photo by: Bernardo Lorena Ponte, available at unsplash.com] --- ## CCSL Advogados among the best law firms in Portugal in Civil and Commercial Litigation in the Leaders League 2026 ranking URL: https://ccsllegal.com/2026/04/07/ccsl-advogados-among-the-best-law-firms-in-portugal-in-civil-and-commercial-litigation-in-the-leaders-league-2026-ranking/ CCSL Advogados among the best law firms in Portugal in Civil and Commercial Litigation in the Leaders League 2026 ranking CCSL Advogados has been highlighted in the ranking of the prestigious international directory Leaders League, in the 2026 edition, in the category of Civil and Commercial Litigation, being distinguished as Valuable Practice. This important recognition reflects the team?s work in civil and commercial litigation, highlighting the strength of its technical expertise, the consistency of its performance, and the confidence earned from both clients and peers in the legal sector. The international directory bases its ranking results on questionnaires addressed to clients, external entities and peers- lawyers from each jurisdiction.   The full ranking can be found here. --- ## The Portuguese Parliament approved yesterday the new version of the Nationality Law URL: https://ccsllegal.com/2026/04/02/the-portuguese-parliament-approved-yesterday-the-new-version-of-the-nationality-law/ The Portuguese Parliament approved yesterday the new version of the Nationality Law Among the most significant changes are: The increase in the required period of legal residence period from 5 to 10 years for obtaining nationality, except for citizens from Portuguese-speaking countries and European Union Member States, who will now require 7 years of legal residence to obtain nationality. The counting of the residence period will now only begin with the issuance of the first residence permit ? unlike the current system, where the residence period begins at the time of submission of the residence permit application. The following will become requirements for obtaining nationality, which were not previously required: Knowledge of Portuguese culture, as well as history and national symbols; Knowledge of the fundamental rights and duties inherent to the Portuguese nationality, as well as the political organization of the Portuguese State; and A formal declaration of adherence to the fundamental principles of the democratic rule of law. No transitional regime has been approved for resident citizens who are currently completing the 5-year period of legal residence required to obtain nationality. The amendments to the Nationality Law will now be sent for consideration by the President of the Republic, who may either veto them politically or refer them to the Constitutional Court for review of their constitutionality. Until the amendments to the Nationality Law are published in the Official Gazette (?Diário da República?), the current requirements for obtaining nationality remain in force. For further information, please contact us at jlp@ccsllegal.com [Photo by: José Martín Ramírez Carrasco, available at unsplash.com] --- ## CCSL Advogados recognized by The Legal 500 in four practice areas URL: https://ccsllegal.com/2026/03/25/ccsl-advogados-recognized-by-the-legal-500-in-four-practice-areas/ CCSL Advogados once again recognized in The Legal 500 2026 ranking, reinforcing its position among the leading law firms in Portugal This year, we achieved tier upgrades in Tax and Corporate and M&A to Tier 4, under the leadership of partners José Calejo Guerra (Tax) and Mafalda Almeida Carvalho (Corporate and M&A). The Real Estate practice, led by João de Lemos Portugal, equally maintains its recognition at Tier 4. We are also proud to be recognised for the first time in Banking and Finance, in the Firms to Watch category, with Rita Rendeiro leading this practice. These results reflect the continued trust of our clients and colleagues, as well as our commitment to operating at the highest level in the most demanding matters. The Legal 500 remains one of the most relevant directories in the legal sector, evaluating law firms across more than 150 jurisdictions over more than 35 years. You can view the full ranking HERE. #CCSLAdvogados #Legal500 #Law #Portugal #Recognition --- ## CCSL Advogados consolidates its position in the top tier of the legal market in Portugal in the 2026 edition of Chambers Europe URL: https://ccsllegal.com/2026/03/20/ccsl-advogados-consolidates-its-position-in-the-top-tier-of-the-legal-market-in-portugal-in-the-2026-edition-of-chambers-europe/ CCSL Advogados consolidates its position in the top tier of the legal market in Portugal in the 2026 edition of Chambers Europe CCSL Advogados once again affirms its position among the leading law firms in Portugal, with three practice areas recognised by Chambers Europe, one of the most demanding and prestigious international legal directories. The firm is distinguished in Corporate/M&A ? Band 3, consistently consolidating its presence among the key players in the sector. At an individual level, José Calejo Guerra rises to Band 5 in Tax, reinforcing his standing in the market. Mafalda Almeida Carvalho maintains Band 2 in Corporate and M&A and is included in the list of Highly Regarded Lawyers, positioning herself among the most relevant names in the field. Rita Rendeiro is recognised in Banking and Finance: Regulatory ? Band 3, highlighting the strength of the firm?s finance practice. These results reflect not only the trust of clients and the market, but also CCSL?s ability to operate at the highest level in the most demanding matters. The full ranking is available HERE. --- ## Reconsideration of the Amendments to the Nationality Law URL: https://ccsllegal.com/2026/03/06/reconsideration-of-the-amendments-to-the-nationality-law/ Reconsideration of the Amendments to the Nationality Law The reconsideration of the amendments to the Nationality Law, which were rejected by the Constitutional Court at the end of last year is scheduled for the plenary session of the Portuguese Parliament on 1 April 2026. As a result of the Constitutional Court?s ruling, the Portuguese Parliament may vote to remove the provisions declared unconstitutional and reformulate the decree, or alternatively confirm it by two-thirds majority of the Members of Parliament present, provided that this majority is greater than the absolute majority of Members of Parliament in office. For further information, please contact us at jlp@ccsllegal.com [Photo by: Tingey Injury Law Firm, available at unsplash.com] --- ## Update on Administrative Fees URL: https://ccsllegal.com/2026/03/03/update-on-administrative-fees/ Update on Administrative Fees On March 1, 2026, the new applicable fees to administrative procedures provided for in Law 23/2007 of July 4 came into effect. The amounts currently in force can be consulted here. For more information please contact us at jlp@ccsllegal.com [Photo by: Sasun Bughdaryan, available at unsplash.com] --- ## Portuguese Government approves the extension of the free-of-charge regime for acts related to the land cadastre URL: https://ccsllegal.com/2026/03/03/portuguese-government-approves-the-extension-of-the-free-of-charge-regime-for-acts-related-to-the-land-cadastre/ The Portuguese Government has approved the extension of the free-of-charge regime for acts related to the legal framework of the simplified land cadastre system According to the Government?s official statement, following the meeting of the Council of Ministers held on 26 February 2026, a Decree-Law was approved amending the legal framework of the simplified cadastral information system and the Single Property Counter (Balcão Único do Prédio ? BUPi). Among other measures, the new legislation seeks to extend the exemption from fees for certain acts and to reinforce the operational implementation of the land cadastre within the scope of the Recovery and Resilience Plan (RRP). Following its publication in the Diário da República, the CCSL Real Estate Team will carry out a detailed analysis of the full text of the Decree-Law, including its provisions on the entry into force of the new regime and any applicable transitional rules. For more information please contact us at jlp@ccsllegal.com [Photo by: Beth Chobanova, available at unsplash.com] --- ## CCSL Advogados has been recognized in the Private Client Global Elite 2026 with José Calejo Guerra, head of Tax practice, being distinguished within the Private Client Global Elite list. URL: https://ccsllegal.com/2026/03/03/ccsl-advogados-has-been-recognized-in-the-private-client-global-elite-2026-with-jose-calejo-guerra-head-of-tax-practice-being-distinguished-within-the-private-client-global-elite-list/ CCSL Advogados has been recognized in the Private Client Global Elite 2026 with José Calejo Guerra, head of Tax practice, being distinguished within the Private Client Global Elite list. This recognition reflects our continued commitment to excellence, client trust and the delivery of high-quality legal counsel in complex private client matters. The Private Client Global Elite directory recognizes leading lawyers advising High Net Worth (HNW) and Ultra-High Net Worth (UHNW) for individuals and families worldwide. Since its launch in 2017, the directory has become a respected global reference, selecting only a very limited number of practitioners each year through peer nominations. To access the full list, click here --- ## Reminder | Annual Evaluation Report ? PPR URL: https://ccsllegal.com/2026/02/27/reminder-annual-evaluation-report-ppr/ Reminder | Annual Evaluation Report ? PPR By the end of April, all entities covered by the RGPC must prepare an annual evaluation report which must reflect: The level of implementation of the identified measures; The existence of monitoring and review mechanisms; The forecast for full implementation, where applicable. Covered entities must ensure that the report is made publicly available to their employees within 10 days after its preparation. Public entities must also communicate the report to the members of the Government responsible for their direction, supervision, or oversight, for their information, as well as to the inspection services of the respective governmental area and to the MENAC, within 10 days from its preparation. --- ## CCSL Advogados Recognised in the 2026 Chambers Global Guide URL: https://ccsllegal.com/2026/02/13/ccsl-advogados-recognised-in-the-2026-chambers-global-guide/ CCSL Advogados Recognised in the 2026 Chambers Global Guide CCSL Advogados once again stands out in the 2026 edition of Chambers Global, consolidating its position among the leading law firms in Portugal. In this year?s edition, on an individual level, Mafalda Almeida Carvalho, partner and head of the Commercial and Corporate practice at CCSL Advogados, is recognised by Chambers Global in the Corporate and M&A category, maintaining her Band 2 position in the ?Highly Regarded Lawyers? list. CCSL is also ranked in the Corporate/M&A practice area ? Band 3, a result that reflects the firm?s consistency, technical quality, and the trust placed in it by clients and the market. Chambers Global is one of the world?s most prestigious legal rankings, recognising law firms and lawyers for their involvement in multi-jurisdictional matters and for the technical excellence of the services provided. The full ranking can be accessed here: --- ## Constitutional Court declares amendments to the Nationality Law unconstitutional and rejects the loss of nationality URL: https://ccsllegal.com/2025/12/16/constitutional-court-decision-on-amendments-to-the-nationality-law-and-the-criminal-code/ Constitutional Court declares amendments to the Nationality Law unconstitutional and rejects the loss of nationality The Constitutional Court ruled that several provisions of Decree No. 17/XVII of the Assembly of the Republic, which intended to amend Law No. 37/81 (the ?Nationality Law?), are unconstitutional. Accordingly, the declaration of unconstitutionality issued followed by the preventive constitutional review requested by 50 Members of Parliament prevents the promulgation of the aforementioned decree. In summary, the Constitutional Court declared unconstitutional the following provisions that would have been incorporated into the Nationality Law: The impossibility of acquiring Portuguese nationality for individuals who have been convicted, by a final and binding judgment, to a prison sentence of two years or more, for a crime punishable under Portuguese law; The refusal of the acquisition of Portuguese nationality on the grounds that the individual demonstrates conduct rejecting adherence to the national community, its representative institutions, and national symbols; The temporal application regime, namely the requirement that the legal requirements be fulfilled at the date of submission of the application for the attribution or acquisition of Portuguese nationality, as well as the attribution of an interpretative nature to those provisions. On the other hand, the Constitutional Court did not rule on the unconstitutionality of the remaining provisions covered by the request, in particular those relating to the revoke of the rule allowing, for the purpose of calculating periods of lawful residence, the inclusion of the time elapsed since the submission of an application for a residence permit, provided that such permit was subsequently granted. The Constitutional Court also ruled unconstitutional, being in opposition to the principles of equality, proportionality and culpability, the amendments to the Criminal Code that provided for the penalty of loss of nationality to be imposed on individuals sentenced to an effective prison term of four years or more. For more information, please contact Inês Hassane Borges at ihb@ccsllegal.com [Photo by: José Martín Ramírez Carrasco, available at unsplash.com] --- ## Housing Package ? Fiscal Measures URL: https://ccsllegal.com/2025/12/03/housing-package-fiscal-measures/ Housing Package ? Fiscal Measures The Government presented this week a new fiscal package aimed at addressing the ongoing housing sector crisis. The package includes amendments to VAT rules, Personal Income Tax benefits for leases at moderate rent levels, and an increase in the Property Transfer Tax rate for non-residents. The proposed measures include: Reduced VAT rate of 6% for construction/rehabilitation Applies to properties for sale up to ?648,000 or to rental properties with monthly rent up to ?2,300. For sale: the property must be sold within 24 months after the issuance of the occupancy licence. For rental: the lease must have a minimum duration of 36 months (continuous or interpolated) within the first 5 years after completion. For individuals building their own home: possibility of partial VAT reimbursement (difference between 23% and 6%). Capital gains exemption if reinvested in housing for moderate-cost rental Exemption from Personal Income Tax on capital gains if the sale proceeds are reinvested in another property intended for rental at moderate prices. Reinvestment must take place between 24 months before and 36 months after the sale. The new property must be leased within 6 months and maintained for at least 36 months (within a 5-year period) to retain the tax benefit. Reduced taxation for owners and deductions for tenants Rental income from owners practicing moderate rents will be subject to a reduced IRS rate of 10%. Corporate rental income from residential leases will be 50% taxable for Corporate Income Tax purposes Tenants will benefit from Personal Income Tax deductions on rent paid capped at ?900 in 2026 and ?1,000 from 2027 onwards. New regimes and incentives for long-term rental Investment Contract for Rental (CIA): contracts up to 25 years for those investing in rental properties. Benefits include Transfer Tax and Stamp Duty exemption on acquisition, Municipal Property Tax exemption for up to 8 years, followed by a 50% reduction. Simplified Affordable Rental Regime (RSAA): moderate-price housing (rent up to ?2,300) with rent exempt from Personal / Corporate Income Tax under certain conditions, facilitating affordable rental agreements. Reduced 5% taxation on income distributed to participants of investment funds when derived from properties included in affordable or moderate-price rental schemes. Higher Transfer Tax rate for non-residents Non-resident buyers will be subject to a flat Transfer Tax rate of 7.5%, with no exemptions or reductions. Exceptions: if the buyer becomes a tax resident within 2 years, or if the property is rented at a moderate price for at least 36 months within the first 5 years. Limits and deadlines governing the incentives The reduced VAT regime remains in force only until 2029, after which the Government will reassess its effectiveness. Incentives and corresponding obligations (sale/rental deadlines, maximum rent levels, minimum contract duration, etc.) must be complied with to secure the tax benefits. For more information, please contact us via email at jcg@ccsllegal.com [Photo by: Mircea Solomiea, available at unsplash.com] --- ## Right of Residence ? Deadlines for the Renewal of Expired Residence Permits URL: https://ccsllegal.com/2025/10/27/right-of-residence-deadlines-for-the-renewal-of-expired-residence-permits/ Right of Residence ? Deadlines for the Renewal of Expired Residence Permits Pursuant to the regulation of the Foreign Nationals Law, foreign citizens who are nationals of third countries still hold their right of residence for a period of 6 (six) months following the expiry date of their residence permit. Accordingly, even if they have not yet submitted their application for the renewal of the said residence permit, those citizens will only be considered irregular if: they fail to submit their application for renewal until 15 April 2026, regarding residence permits that were valid until 30 June 2025 ? which the validity was extended until 15 October 2025; or they fail to submit their application for renewal within 6 (six) months of the expiry date for residence permits that expired after 30 June 2025. Additionally, AIMA recommends that foreign citizens who have already applied for the renewal of their residence permits carry both the expired residence permit and the proof of application for the renewal. For more information, please contact our associate lawyer Inês Hassane Borges at ihb@ccsllegal.com [Photo by: Gabrielle Henderson, available at unsplash.com] --- ## Reminder | Interim Evaluation Report ? PPR URL: https://ccsllegal.com/2025/10/17/reminder-interim-evaluation-report-ppr/ Reminder | Interim Evaluation Report ? PPR By the end of October, all entities covered by the RGPC must prepare an interim evaluation report whenever their PPR (Plan for the Prevention of Risks of Corruption and Related Offenses) includes risks classified as high or maximum. Covered entities must ensure that the report is made publicly available to their employees within 10 days after its preparation. Public entities must also communicate the report to the members of the Government responsible for their direction, supervision, or oversight, for their information, as well as to the inspection services of the respective governmental area and to the MENAC, within 10 days from its preparation. [Photo by: Jesus Monroy Lazcano, available at unsplash.com] --- ## Public Consultation on the Credit Servicing and Transfer Regime URL: https://ccsllegal.com/2025/09/23/public-consultation-on-the-credit-servicing-and-transfer-regime/ Public Consultation on the Credit Servicing and Transfer Regime The Bank of Portugal has launched a public consultation, open until 29 October 2025, on a draft notice intended to implement various regulatory aspects of the Credit Servicing and Transfer Regime (RCGCB), approved by Decree-Law no. 103/2025, of 11 September. The draft seeks to clarify, in particular, the requirements and procedures for the authorisation of credit servicers, including the information and documentation to be submitted with the authorisation request, the elements to be included in both the public and internal registers, as well as the rules for their update, the information required for the cross-border provision of services within the European Union, and the rules applicable to the subcontracting of credit servicing activities. The draft also incorporates the relevant guidelines issued by the European Banking Authority (EBA). Stakeholders are invited to submit their contributions via the designated email address, using the template made available for this purpose. This initiative forms part of the regulatory implementation process of the new regime and aims to contribute to the establishment of a structured regulatory framework, aligned not only with the applicable European guidelines, but also with the practices and expectations of key market participants. Click here to access the instructions for participation on the public consultation. For more information, please contact us via email at rvr@ccsllegal.com. [Photo by: Towfiqu Barbhuiya, available at unsplash.com] --- ## Transposition of Directive (EU) 2021/2167: Management of Non-Performing Loans URL: https://ccsllegal.com/2025/09/12/transposition-of-directive-eu-2021-2167-management-of-non-performing-loans/ Transposition of Directive (EU) 2021/2167: Management of Non-Performing Loans On 11 September 2025, Decree-Law No. 103/2025 was published, transposing Directive (EU) 2021/2167, approving the regime for the assignment and management of bank loans (RCGCB) and the new regime for the Central Credit Register (CRC), also amending Decree-Law No. 453/99, which establishes the securitization regime for loans and regulates the constitution and activity of loan securitization funds. The Directive essentially pursues two objectives: To promote the development of the secondary market for non-performing loans (NPLs), allowing credit institutions to reduce exposure to this type of asset and facilitating the acquisition of loans by assignees; To ensure adequate protection of the debtor, ensuring that they are not placed in a less favorable legal position due to the assignment (principle of assignment neutrality). The RCGCB regulates the assignment of loans and the activity of managing loans subject to assignment, establishing specific conditions depending on the type of assignee and the status of the loan. Of particular note is the protection of the principle of assignment neutrality mentioned above, ensuring that the debtor is not placed in a less favorable legal position, requiring prior notification to the debtor and contracting an entity authorized to manage the loan whenever required, as well as compliance with banking secrecy, the duty of loyalty, and respect for the interests of the debtor. The Bank of Portugal is the competent authority to supervise the RCGCB, including monitoring compliance with the rules and overseeing assignees and loan managers. It should also be noted that the RCGCB establishes that the activity of credit managers may only be carried out with prior administrative authorization, to be granted by the Bank of Portugal. The granting of such authorization is subject to a set of requirements, namely the verification of the suitability and adequacy of the members of the management bodies, as well as governance and internal control requirements, including, among others, accounting and risk management procedures that ensure respect for debtors? rights, appropriate policies regarding the protection and fair and diligent treatment of debtors, adequate and effective procedures to ensure the analysis and handling of complaints submitted by debtors, and data protection. The new regime for the Credit Responsibility Central (CRC) updates and expands the scope of information to be centralized, including the characterization of transactions and financial, accounting, and risk information, and also revises the mechanisms for reporting to the central system. The Bank of Portugal remains the authority responsible for supervising compliance with the regime, and may, in particular, suspend access to the CRC in case of non-compliance with reporting obligations. The regime also provides for the application of specific sanctions in the event of breach of the duties provided for, ensuring the effectiveness of the regulatory framework. Finally, Decree-Law No. 103/2025 will enter into force 90 days after its publication. Click here to access Decree-Law. For more information, please contact us via email at rvr@ccsllegal.com --- ## Hong Kong, Liechtenstein and Uruguay removed from the Portuguese list of blacklisted jurisdictions URL: https://ccsllegal.com/2025/09/05/hong-kong-liechtenstein-and-uruguay-removed-from-the-portuguese-list-of-blacklisted-jurisdictions/ Hong Kong, Liechtenstein and Uruguay removed from the Portuguese list of blacklisted jurisdictions The Portuguese Government, through Ordinance 292/2025/1 of 5 September, approved the removal of Hong Kong, Liechtenstein and Uruguay from the Portuguese list of blacklisted jurisdictions (commonly referred to as ?tax havens?). This decision follows formal requests submitted by these jurisdictions under Article 63-D of the General Tax Law (LGT), and favorable opinions issued by the Portuguese Tax and Customs Authority confirming that the conditions for their inclusion on the list were no longer met. Click here to access the Ordinance. For further information, please contact us at jcg@ccsllegal.com [Photo by: visualsofdana, available at unsplash.com] --- ## New rules on organizational culture and governance and internal control systems ? Notice No. 2/2025 of the Bank of Portugal URL: https://ccsllegal.com/2025/08/21/new-rules-on-organizational-culture-and-governance-and-internal-control-systems-notice-no-2-2025-of-the-bank-of-portugal/ New rules on organizational culture and governance and internal control systems ? Notice No. 2/2025 of the Bank of Portugal The deadline for entities subject to the supervision of the Bank of Portugal to comply with the new obligations introduced by Notice No. 2/2025 regarding organizational culture and governance and internal control systems ends on 21 September. The main changes introduced by this amendment to Notice 3/2020 focus on: the outsourcing of operational tasks of control functions; the risk management function; the training of governing bodies; transactions with related parties; policies for the selection and appointment of statutory auditors; and the self-assessment report on the adequacy and effectiveness of the organizational culture and governance and internal control systems. Click here to access Notice No. 2/2025. For more information, please contact us via email at rvr@ccsllegal.com [Photo by: Christian Wiediger, available at unsplash.com] --- ## Insurance Distribution Legal Framework ? Amendment to ASF Regulatory Standard No. 13/2020-R URL: https://ccsllegal.com/2025/07/10/insurance-distribution-legal-framework-amendment-to-asf-regulatory-standard-no-13-2020-r/ Insurance Distribution Legal Framework ? Amendment to ASF Regulatory Standard No. 13/2020-R The amendments to ASF?s Regulatory Standard no. 13/2020-R, dated 30 December, concerning the regulation of the legal framework for insurance and reinsurance distribution, will enter into force on 11 July. The main changes introduced by ASF Regulatory Standard no. 4/2025-R, of 11 June are as follows: update of the minimum coverage amounts for the professional liability insurance of ancillary insurance intermediaries; clarification of the scope of the obligation to establish a function responsible for handling complaints from policyholders, insured persons, beneficiaries, and injured third parties; clarification of the scope of the duties regarding the publication of financial reporting documents and the communication of such information to ASF by insurance, reinsurance and ancillary intermediaries; update of the methods for debiting ?client? accounts; adjustment of the annual assessment rule concerning the portfolio diversification requirements applicable to insurance brokers; update of the means for reporting breaches to ASF, which must now be submitted via the Authority?s whistleblowing channel, available on its website. Click here to access the new Regulatory Standard (only available in Portuguese). For more information, please contact us via email at rvr@ccsllegal.com [Photo by: Dimitri Karastelev, available at unsplash.com] --- ## Extension of Residence Permit Validity URL: https://ccsllegal.com/2025/07/04/extension-of-residence-permit-validity/ Extension of Residence Permit Validity Decree-Law No. 85/2025, of 30 June, has entered into force, extending the validity of documents attesting to the regular status of foreign nationals in Portuguese territory ? namely, residence permits ? expiring between 22 February 2020 and 30 June 2025, until 15 October 2025. After this date, only residence permit documents accompanied by proof of payment for the renewal request, issued by AIMA (Agency for Integration, Migration and Asylum), will be accepted. For more information please contact us at jcg@ccsllegal.com [Photo by Eric Rothermel, available at unsplash.com] --- ## Soraia João Silva URL: https://ccsllegal.com/soraia-joao-silva/ Soraia João Silva Associate Soraia has experience in tax matters, supporting both national and international clients. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Soraia started her traineeship at Abreu Advogados, having also worked at RFF & Associados and Deloitte. At CCSL Advogados, Soraia focuses on tax law matters. Academic Background Soraia holds a law degree from the University of Lisbon ? School of Law and attended the Master?s programme in Tax Law at the same University. Soraia also attended the Advanced Postgraduate Programme in Tax Law at IDEFF. Expertise Soraia is a full member of the Portuguese Bar Association, is a member of the Portuguese Fiscal Association (AFP)  and speaks English and French. Contact: sjs@ccsllegal.com --- ## New rules for the 2024 personal income tax return: reporting assets in tax havens and income subject to definitive withholding taxes  URL: https://ccsllegal.com/2025/03/06/new-rules-for-the-2024-personal-income-tax-return-reporting-assets-in-tax-havens-and-income-subject-to-definitive-withholding-taxes/ New rules for the 2024 personal income tax return: reporting assets in tax havens and income subject to definitive withholding taxes  Today, Decree-Law no. 13/2025, of 6 March, was published, introducing changes that impact the 2024 personal income tax return. The key updates include: elimination of the obligation to declare income subject to final withholding tax that is not aggregated, as well as income not subject to IRS. greater transparency in asset reporting for Portuguese tax residents holding assets in jurisdictions with more favourable tax regimes. The new framework specifies that the following assets held in these jurisdictions must be reported: real estate rights or partial property interests in properties located in such jurisdictions; registered vehicles, boats, and aircraft; bank deposits and securities (shares, quotas, bonds) in entities based in these jurisdictions; units in investment funds managed or administered by entities based in these jurisdictions; loans and shareholder financing granted to entities in these jurisdictions; insurance or annuity contracts with entities based in these jurisdictions; assets held through partnerships and fiduciary structures registered or managed in these jurisdictions. These new rules will apply to the 2024 tax return. For more information please contact us at jcg@ccsllegal.com [Photo by: Kelly Sikkema, available at unsplash.com] --- ## Asset Management ? What to Expect in 2025? URL: https://ccsllegal.com/2025/02/28/asset-management-what-to-expect-in-2025/ Asset Management ? What to Expect in 2025?   The CMVM published last week the Annual Circular on Asset Management, which highlights the key supervisory activities for 2025, framed within its Strategic Plan for 2025-2028, and also providing an overview of the supervisory actions carried out in 2024. 2025 marks the beginning of the CMVM?s strategic plan until 2028, with the motto ?A capital market that creates value and well-being.? The regulator aims to ensure results-oriented supervision, the promotion of stability and regulatory proportionality, strengthen investor confidence, mobilize for a more developed capital market, and enhance the capabilities and efficiency of the CMVM itself. At the end of last year, the CMVM updated the questions and answers regarding the regulatory framework applicable to management companies and collective investment undertakings, published in light of the entry into force of the new Asset Management Regime and its respective regulations, also providing important guidance regarding the applicable regime. In this context, new questions and answers were added regarding the venture capital AIFs regime, the liquidation of UCIs, MCs authorization, the disclosure of profitability measures, and advertising. Check our informational brochure HERE. Click here to access the Annual Circular on Asset Management and here to access the Questions and Answers (only available in Portuguese). For more information, please contact us via email at rvr@ccsllegal.com [Photo by: Pat Whelen, available at unsplash.com]   --- ## Desertion of the Instance: STJ Imposes Proactive Action by Courts URL: https://ccsllegal.com/2025/02/27/desertion-of-the-instance-stj-imposes-proactive-action-by-courts/ Desertion of the Instance: STJ Imposes Proactive Action by Courts  The Superior Court of Justice (Supremo Tribunal de Justiça) has established significant case law regarding the desertion of the instance under Article 281, no. 1, of the Civil Procedure Code (CPC), clarifying the court?s role in managing the process and the necessity to ensure access to justice for economically vulnerable parties.   The Case The case originated from an action in which the Plaintiff (A.) was receiving legal aid and lacked the means to cover the costs of the bailiff (AE) for serving the Defendants (RR.). In light of this, the Plaintiff requested the court to have the service carried out by a judicial officer. However, the court immediately denied the request without providing an alternative to ensure the progress of the case, later declaring the desertion of the instance due to lack of procedural advancement.   Key Considerations of the STJ Judge Duties regarding Case Management ? The court should have acted ex officio to remove the obstacles preventing the service of the Defendants (RR.), thereby promoting the regular progression of the case. Legal Aid Regime ? The right to be exempted from procedural costs includes the bailiff?s fees, justifying the service being carried out without requiring prepayment from the Plaintiff (A.). Restrictive Interpretation of Instance Desertion ? The Plaintiff?s lack of action cannot be classified as negligence when it results from the court?s failure to perform the necessary acts for the regular progression of the case, particularly regarding the service of the Defendants. The ex officio nature of these procedural steps, which the court failed to consider, coupled with the ambiguity surrounding the order containing the warning under Article 281, no. 1, of the Civil Procedure Code ? which was never properly clarified despite the possibility of conducting a preliminary hearing with the interested party, as should have occurred ? prevents the Plaintiff?s conduct from being deemed relevant negligence for the application of the desertion of the instance regime.   Final Decision The STJ concluded that the legal requirements for the desertion of the instance were not met. Thus, the STJ established the following case law uniformity: I ? The judicial decision declaring the desertion of the instance under Article 281, no. 1, of the Civil Procedure Code presupposes inaction in the procedural progress, with the case being stalled for more than six consecutive months, exclusively attributable to the party burdened with this responsibility, and the missing act does not fall within the ex officio powers/duties of the court. II ? When the judge decides to declare the instance deserted, the principle of the adversarial process must be observed, in accordance with Article 3, no. 3, of the Civil Procedure Code, with a corresponding preliminary hearing for the party, unless it was, or should have been, clearly known to the party, by virtue of the applicable legal regime or appropriate notification, that the process would await the procedural action that was their responsibility under the penalty foreseen in Article 281, no. 1, of the Civil Procedure Code. Click HERE to access the Diploma. For more information please contact us at hbf@ccsllegal.com [Photo by: Tingey Injury Law Firm, available at unsplash.com] --- ## Mafalda Almeida Carvalho Recognized by Chambers in Corporate/M&A ? Global URL: https://ccsllegal.com/2025/02/14/mafalda-almeida-carvalho-recognized-by-chambers-in-corporate-ma-global/ Mafalda Almeida Carvalho Recognized by Chambers in Corporate/M&A ? Global We are extremely proud to announce that Mafalda Almeida Carvalho, partner and head of the Commercial and Corporate practice at CCSL Advogados, has been recognized by the international directory Chambers as a leading professional in Corporate/M&A. Mafalda has been ranked for the first time in Chambers Global under the Corporate and M&A category, achieving Band 2 in the Highly Regarded Lawyers list. Chambers Global is one of the most prestigious rankings worldwide, recognizing law firms and lawyers for their involvement in cross-border transactions. You can access the full ranking HERE.   --- ## Legal Framework for the Entry, Stay, Exit, and Removal of Foreign Nationals from the National Territory URL: https://ccsllegal.com/2025/02/13/legal-framework-for-the-entry-stay-exit-and-removal-of-foreign-nationals-from-the-national-territory/ Legal Framework for the Entry, Stay, Exit, and Removal of Foreign Nationals from the National Territory On February 13, 2025, Law No. 9/2025 of February 13 was published, amending Law No. 23/2007 of July 4, which establishes the legal framework for the entry, stay, exit, and removal of foreign nationals from the national territory. This law implements Regulation (EU) 2017/2226 of the European Parliament and of the Council of November 30, 2017, within the domestic legal system and modifies the validity period of residence permits for citizens of Member States of the Community of Portuguese-Speaking Countries (CPLP). In general terms, this Law introduces the following key changes:  Implementation of the Entry/Exit System (EES): This system aims to record data on entries, exits, and refusals of entry for third-country nationals when crossing the external borders of Member States. Temporary residence permit for CPLP citizens: Establishes that citizens of the Community of Portuguese-Speaking Countries who hold a short-term visa or have legally entered the national territory may apply for a temporary residence permit. Changes to immigration and monitoring procedures, particularly regarding voluntary departure from the national territory: Modifies the rules to strengthen border control by introducing new measures to be implemented by AIMA. Requirement for additional personal data from third-country nationals subject to visa requirements and those exempt from visas. Introduction of new rules on visas and short stays: Regulates the revocation, extension, and registration of data on visas and short-term stays within the EES. Administrative offense proceedings: Establishes rules for the imposition of fines and administrative sanctions in cases of immigration-related violations. Click here to access the diploma. For more information, please contact us via email at rvr@ccsllegal.com [Photo by: Jason Leung, available at unsplash.com] --- ## Marta Furtado dos Santos URL: https://ccsllegal.com/team/marta-furtado-dos-santos/ Marta Furtado dos Santos Of Counsel Marta specializes in civil litigation, contracts, and family and succession law. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Marta specializes in civil litigation, contracts, and family and succession law. Before joining CCSL, Marta practiced law independently. She is responsible for the Family and Succession Law department. Academic Background Marta holds a Law degree from the Faculty of Law of the University of Lisbon (2008) and a postgraduate degree in Intellectual Property and Industrial Law from the Private Law Research Center at the Faculty of Law of Lisbon. She has also attended postgraduate courses in Forensic and Tax Practices at the Autonomous University of Lisbon. Expertise Marta has experience in litigation and civil law, mainly in Family and Succession Law. She has been a member of the Portuguese Bar Association since 2011. E-mail Contact: mfs@ccsllegal.com --- ## Inês Hassane Borges URL: https://ccsllegal.com/team/ines-hassane-borges/ Inês Hassane Borges Associate Inês is experienced in real estate, investment and immigration matters, supporting private clients in their whole relocation process to Portugal. Inês has also experience in the privacy and technology sectors of companies. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Inês worked as junior associate at CRS Advogados, where she completed her professional internship. At CCSL Advogados, Inês focuses on real estate law. Academic Background Inês holds a degree in Law from Nova School of Law and an LL.M in Public International Law by Amsterdam Law School of the University of Amsterdam. Inês also attended the graduation course in Data Protection promoted by the Investigation Centre of the University of Lisbon ? School of Law. Expertise Inês is a full member of the Portuguese Bar Association and speaks fluent Portuguese and English. E-mail Contact: ihb@ccsllegal.com --- ## Carolina Soares Alves URL: https://ccsllegal.com/team/carolina-soares-alves/ Carolina Soares Alves Associate Carolina is specialised in litigation, assisting the clients in every sectors of activity.  Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Carolina developed her career in SPS ? Advogados, in her internship, Simões Correia Associados and Deloitte.  Academic Background Carolina has a law degree from Escola do Porto ? Faculdade de Direito ? Universidade Católica Portuguesa.  Expertise Carolina is a lawyer dedicated to litigation and speaks fluent Portuguese and English.  E-mail Contact: csa@ccsllegal.com --- ## Teresa de Olim Caldeira URL: https://ccsllegal.com/team/teresa-olim-caldeira/ Teresa de Olim Caldeira Associate Teresa joined CCSL Advogados in 2024. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Teresa is developing her career at CCSL Advogados, where she completed her professional internship in 2026. She focuses her practise on litigation and real estate matters. Academic Background Teresa holds a Law degree from the University of Lisbon ? School of Law (2024) Expertise Teresa is an associate with experience in litigation and real estate matters. She is a full member of the Portuguese Bar Association and is fluent in Portuguese and English. E-mail Contact: toc@ccsllegal.com --- ## Seventh Amendment to the Legal Framework for Territorial Management Instruments (RJIT) URL: https://ccsllegal.com/2024/12/30/seventh-amendment-to-the-legal-framework-for-territorial-management-instruments-rjit/ Seventh Amendment to the Legal Framework for Territorial Management Instruments (RJIT) The Decree-Law No. 117/2024 was published today, introducing the seventh amendment to the Legal Framework of Territorial Management Instruments (RJIT), approved by Decree-Law No. 80/2015, of May 14, in its current wording. Among the changes introduced by the newly published decree, a special regime has been established allowing, on an exceptional basis, the reclassification of land into urban land. This measure aims to increase housing supply and mitigate the rising costs of housing. Such reclassification is subject to strict criteria to ensure its contribution to the consolidation of urban areas and the sustainable development of the territory. This decree-law will come into effect on January 29, 2025, except for the amendment to Article 199 of the RJIT, which will come into effect on December 31, 2024. [Photo by: Daria Lyalyulina, available at unsplash.com] --- ## NATIONAL ANTI-CORRUPTION MECHANISM / Registration until 31 December URL: https://ccsllegal.com/2024/12/05/national-anti-corruption-mechanism-registration-until-31-december/ The Corruption Prevention Regime in Portugal: companies with more than 50 employees The RGPC Platform, launched by the National Anti-Corruption Mechanism (MENAC) and through which companies covered by the general regime for the prevention of corruption (RGPC), approved in the annex to Decree-Law no. 109-E/2021, of 9 December, must submit the various documents relating to the Regulatory Compliance Programme, went live on 25 November. Registration on the RGPC Platform and the submission of all documents must be completed by 31 December 2024. Note that the entities covered are those with more than 50 employees who are: Companies with their head office in Portugal or Branches in Portugal of companies with their head office abroad And these entities are obliged to implement a Compliance Programme which comprises: a plan to prevent risks of corruption and related offences; a code of conduct; a training programme; a whistleblowing channel; a compliance officer; and a system for evaluating the Programme. The fines applicable in the event of non-compliance can be up to ?3,740.98 for natural persons and between ?1,000 and ?44,891.81 for legal persons. Click here to access the diploma and here to access MENAC?s website. For more information, please contact us via email at rvr@ccsllegal.com [Photo by: Markus Spiske, available at unsplash.com] --- ## Rita Sousa Carlos URL: https://ccsllegal.com/team/rita-sousa-carlos/ Rita Sousa Carlos Associate Rita specializes in the areas of banking and finance law. Her experience includes advising life insurers, banks and venture capital companies on regulatory and compliance matters. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Rita worked as an associate at Gouveia Pereira, Costa Freitas & Associados, where she also completed her professional traineeship. At CCSL Advogados, she focuses her practice on regulatory and financial law matters. Academic Background Rita holds a Law degree (2021) and a master?s in law and management (2024) from Universidade Católica Portuguesa. She also holds the ICA Certificate in Compliance (2022) and has completed postgraduate training in Law Enforcement, Compliance and Corporate Responsibility (2024), Investment Funds (2025), and the CCP ? Certificate of Pedagogical Competences for Trainers (2026). Expertise Rita is an Associate in the corporate and financial law team at CCSL. She is a member of the Portuguese Bar Association and is fluent in Portuguese and English. Rita is an Associate in the banking, finance and M&A team at CCSL. She is a member of the Portuguese Bar Association and is fluent in Portuguese and English. E-mail Contact: rsc@ccsllegal.com --- ## First Amendment to the Asset Management Regime URL: https://ccsllegal.com/2024/11/19/first-amendment-to-the-asset-management-regime/ First Amendment to the Asset Management Regime Decree-Law No. 89/2024, of 18 November, introduces the first amendment to Decree-Law No. 27/2023, of 28 April (RGA), about a year and a half after its adoption. This amendment addresses a point that was intensely discussed in the context of the public consultation that preceded the approval of the RGA, by allowing large management companies to directly invest the amounts that exceed the applicable capital requirements, provided this investment activity is ancillary to their main activities. Large management companies should, in this context, safeguard any conflicts of interest, in particular with the investment undertakings under their management, taking into account, among other aspects, their related investment policies and the investment phase of each of them. This amendment reinforces the competitiveness of Portuguese large management companies, and addresses a previously debated issue, one that had received a negative response from the CMVM regarding the possibility of large management companies holding their own portfolio in light of the new RGA. It should be noted that the diploma grants powers to the CMVM to regulate the terms under which this ancillary investment may take place. Click here to access the diploma. For more information, please contact us via email at rvr@ccsllegal.com [Photo by: LYCS Architecture, available at unsplash.com] --- ## 4 Partners and 3 Associates from CCSL Advogados recognized by The Best Lawyers in the 2025 edition URL: https://ccsllegal.com/2024/11/14/4-partners-and-3-associates-from-ccsl-advogados-recognized-by-the-best-lawyers-in-the-2025-edition/ 4 Partners and 3 Associates from CCSL Advogados recognized by The Best Lawyers in the 2025 edition In the 2025 edition of Best Lawyers partner José Calejo Guerra is highlighted in Tax Law; João de Lemos Portugal in Real Estate Law and Public Law; Mafalda de Almeida Carvalho in the areas of Corporate Law, Mergers and Acquisitions; Project Finance, Development and Practice, and Rita Rendeiro in Corporate Law. In the category of Ones to Watch, which recognizes early-career lawyers, Associates Pedro Leitão da Mota in Tax Law, Sofia de Melo Campelo in Litigation, and Mariana Alves de Melo in Real Estate Law are also recognized. CCSL Advogados strengthens its position in the 2025 edition of Best Lawyers, a directory composed of the leading names in the legal profession in Portugal, being a reference in their respective areas of practice. Best Lawyers is an American directory that annually highlights the best lawyers and law firms in each area of practice and in various jurisdictions, based on the opinions and votes of their peers. --- ## CCSL advises on ?375M joint venture creation URL: https://ccsllegal.com/2024/11/08/ccsl-advises-on-e375m-joint-venture-creation/ CCSL advises on ?375M joint venture creation CCSL Advogados has advised the creation of a joint venture between King Street and ALEA to invest up to ?375M in Student Housing Platforma. The agreement between ALEA, a company focused on alternative asset management, and King Street Capital Management, a leading investment management firm, aims to accelerate the expansion of ALEA?s Alternative Housing Solutions build-to-rent platform, focused on student accommodation. The advisors from CCSL oversaw the legal and tax aspects of the transaction, while Eastdil Secured, a global real estate investment bank, served as financial advisor in the formation of the joint venture. Through its branded platform, ALEA and King Street are initiating this partnership with the development and operation of three student housing assets, with a total area of 36,000m², located in key university cities in Portugal. About ALEA ALEA has developed an Alternative Housing Solutions strategy focused on the investment, development, and operation of assets through a branded platform, targeting student and family use, specifically designed to address the structural supply-demand imbalance in the pan-European housing market, starting in Portugal. About King Street Real Estate King Street Real Estate, the real estate investment division of King Street Capital Management, specializes in equity and debt investments in disruptive markets and complex situations. Since its founding, King Street has completed transactions totaling $15 billion in real estate securities and real estate-related investments, with over $26 billion in assets under management across both public and private markets. The advisors team The CCSL Advogados team was led by corporate of counsel Frederico Félix Alves and included partners José Calejo Guerra (tax), João de Lemos Portugal (real estate), Rita Rendeiro (regulatory and compliance) ? all pictured from left to right ? , as well as lawyers Mariana Alves de Melo (real estate) and Lourenço Noronha Andrade (regulatory and compliance). CCSL advises on ?375M joint venture creation ? Iberian Lawyer --- ## Update of the currency depreciation coefficients to be applied to assets and rights transferred during the year 2024 URL: https://ccsllegal.com/2024/11/08/update-of-the-currency-depreciation-coefficients-to-be-applied-to-assets-and-rights-transferred-during-the-year-2024/ Update of the currency depreciation coefficients to be applied to assets and rights transferred during the year 2024 The Government, through the diploma 288/2024/1 of 7 September and the Secretary of State for Fiscal Affairs, sets the depreciation coefficients to be applied to assets and rights sold in 2024. Click here to access the diploma For more information, please contact us via email at jcg@ccsllegal.com [Photo by: Lukasz Radziejewski, available at unsplash.com] --- ## Electronic Service and Notification for Individuals and Legal Entities URL: https://ccsllegal.com/2024/11/08/electronic-service-and-notification-for-individuals-and-legal-entities/ Electronic Service and Notification for Individuals and Legal Entities The Decree-Law 87/2024 of 7 September has come into force, regulating the electronic service and notification of individuals and legal entities, establishing electronic service and notification as the standard for legal entities. The standard procedure for legal service to corporate entities is now electronic, carried out through a secure, free-access online area. Companies that do not register an email address for this purpose will be served by post. If delivery is unsuccessful, only one additional attempt will be made, with the letter left in the mailbox. Companies that register an email address will receive both electronic notifications and postal alerts if the notice is not accessed. Legal service is considered effective on the eighth day, regardless of access. Individuals may also opt for electronic service, if unviewed within 30 days, service will be performed by a process server. Click here to access the diploma For more information, please contact us via email at hbf@ccsllegal.com [Photo by: William Iven, available at unsplash.com] --- ## CCSL Advogados among the best law firms in Portugal in Private Equity, Tax Law, Real Estate, and Corporate/ M&A ? ranking Leaders League 2025 URL: https://ccsllegal.com/2024/11/07/ccsl-advogados-among-the-best-law-firms-in-portugal-in-private-equity-tax-law-real-estate-and-corporate-ma-ranking-leaders-league-2025/ CCSL Advogados among the best law firms in Portugal in Private Equity, Tax Law, Real Estate, and Corporate/ M&A ? ranking Leaders League 2025 CCSL Advogados was recognized as one of the best law firms in Portugal in Private Equity , Tax Law, Real Estate and Corporate/ M&A by the prestigious directory Leaders League, edition 2025. Partners Mafalda Almeida Carvalho, head of Corporate/ M&A e Private Equity practices, José Calejo Guerra, head of Tax practice and João de Lemos Portugal, head of the Real Estate practice are highlighted in the relevant practice areas. The international directory bases the results of its rankings on questionnaires to clients, external entities and their peers ? lawyers ? in each jurisdiction. You may find the full ranking here. --- ## Amendments to the Legal Framework for Local Accommodation  URL: https://ccsllegal.com/2024/10/25/amendments-to-the-legal-framework-for-local-accommodation/ Amendments to the Legal Framework for Local Accommodation  The recently published Decree-Law no. 76/2024 introduces significant amendments to the legal framework governing Local Accommodation (hereinafter ?AL?), which will come into force on 1 November 2024.   These changes aim to consolidate the AL sector in a balanced manner with the housing market and to recalibrate rights of private initiative, private property, and housing, while simultaneously promoting sustainable tourism.  Among the main changes introduced by this decree is the revocation of certain provisions established by the ?Mais Habitação?, which had been contested by operators in the AL sector. These revoked provisions included the term and mandatory renewal of AL registrations, the suspension of new registrations for apartments and hosting establishments within independent units nationwide (except for areas designated as interior territories in Portaria no. 208/2017 from 13 July), the requirement to renew AL registrations in 2030, and the expiry of inactive registrations.  Furthermore, Decree-Law no. 76/2024 eliminates the need for condominium authorization for the operation of AL activities in independent units designated for residential use on the respective horizontal property deed. This change removes the requirement to submit a deliberation from the condominium assembly approving the installation of an AL in an independent unit as part of the prior communication required for registration ? except for hostels.  Regarding condominium powers, the decree also removes the option for condominiums to oppose AL activities without a justified basis. Condominium assemblies may now oppose such activities only through a reasoned decision approved by more than half of the building?s total percentage, and only if it is based on repeated and proven disruptive acts or acts that disturb residents? rest. In these cases, after reaching such a decision, the condominium assembly must request a ruling from the president of the competent town hall who, instead of canceling the AL registration, may invite the parties to reach an agreement with defined terms and conditions.  Additionally, the decree in question restores the municipalities authority to strategically regulate AL activities within their territories. This includes the ability to create their own regulations defining containment areas and sustainable growth areas and imposing limitations on the transfer of AL registrations for houses and apartments, except in cases of inheritance, gratuitous transfer between spouses, civil partners, ascendants, descendants, and in cases of divorce, judicial separation, or dissolution of civil partnerships.  In this respect, to ensure the effectiveness of the above-mentioned municipal regulation, town hall may suspend the issuance of new AL registrations in specifically designated areas for a maximum period of one year, until the regulation comes into force.  Finally, and without prejudice to other amendments and clarifications introduced by Decree-Law no. 76/2024, it should be also noted that article 6-B has been added to the legal framework governing AL. This new provision seeks to clarify the path for defining valid and compatible uses for properties for AL activities. In this regard, the municipalities are the ones that must establish such uses ? within the limits set forth in the decree law ?leaving it to each town hall to establish these uses in their own regulations. If such does not occur, the uses deemed compatible by the town hall will be allowed, including those authorized under the Regime Jurídico da Urbanização e Edificação or others that the municipality deems compatible with AL activities.  Furthermore, it is clarified that, without prejudice to any potential prohibition of AL activity in the horizontal property deed, condominium regulations, or a subsequent decision by the condominium assembly (to be approved by a majority representing two-thirds of the building?s ownership percentage and only effective for the future), the installation and operation of AL establishments in an independent units do not constitute a different use under subparagraph c) of paragraph 2 of article 1422.º of the Civil Code.   [Photo by: Luiz Fernando Maciel, available at unsplash.com] --- ## Annual Rent Adjustment Coefficient for 2025 URL: https://ccsllegal.com/2024/10/21/annual-rent-adjustment-coefficient-for-2025/ Annual Rent Adjustment Coefficient for 2025 The annual rent adjustment coefficient for 2025 has been set at 2.16%, according to Notice No. 23099/2024. This increase is significantly lower than the 6.94% for 2024. The coefficient is calculated based on the variation of the Consumer Price Index (CPI) excluding housing, as determined by the National Statistics Institute (INE). In cases where the parties do not agree on another form of adjustment, this coefficient may apply to urban and rural rental contracts. Click here to access the diploma For more information, please contact us via email at jlp@ccsllegal.com [Photo by: Jakub ?erdzicki, available at unsplash.com] --- ## CCSL Advogados promotes three lawyers to Principal Associates URL: https://ccsllegal.com/2024/10/03/ccsl-advogados-promotes-three-lawyers-to-principal-associates/ CCSL Advogados promotes three lawyers to Principal Associates Pedro Leitão da Mota (Tax), Sofia de Melo Campelo (Litigation) and Mariana Alves de Melo (Real Estate) are the new Principal Associates at CCSL. These promotions reflect CCSL?s commitment to growth and development, recognizing the dedication and excellence of the work provided by each lawyer. Congratulations to the new Principal Associates! --- ## CCSL Advogados Partner Mafalda Almeida Carvalho distinguished with 40 Under 40 Award for Private Equity! URL: https://ccsllegal.com/2024/09/27/ccsl-advogados-partner-mafalda-almeida-carvalho-distinguished-with-40-under-40-award-for-private-equity/ CCSL Advogados Partner Mafalda Almeida Carvalho distinguished with 40 Under 40 Award for Private Equity! We are thrilled to announce that Mafalda Almeida Carvalho, partner at CCSL Advogados, has been recognized with the prestigious 40 Under 40 Award, celebrating her outstanding achievements and contributions to the legal sector. This award highlights Mafalda?s dedication, leadership, and expertise in her field, reinforcing CCSL? s ongoing commitment to providing top-tier legal services. The award ceremony took place yesterday in Madrid, where leaders from across the industry gathered to honor this year?s distinguished winners. Congratulations, Mafalda, on this well-deserved recognition! #CCSLAdvogados #IberianLawyer #IBLFortyUnder40 --- ## CCSL Advogados Recognized Among Portugal?s Leading M&A Law Firms by IFLR1000 URL: https://ccsllegal.com/2024/09/17/ccsl-advogados-recognized-among-portugals-leading-ma-law-firms-by-iflr1000/ CCSL Advogados Recognized Among Portugal?s Leading M&A Law Firms by IFLR1000 CCSL Advogados has been once again recognized in the prestigious IFLR1000 directory, being listed in ??Tier 5? in the M&A category. This recognition further cements our reputation as one of Portugal?s leading firms in this highly competitive field. The IFLR1000, an internationally renowned guide, is the only directory dedicated to ranking law firms and lawyers worldwide based on financial and corporate transactional work since 1990. It has become a benchmark for excellence in legal practice across the globe. This recognition marks a significant milestone for CCSL Advogados, as we continue to expand our accomplishments across multiple practice areas. It reflects the commitment and expertise of our team, whose dedication to exceptional work has continually enhanced our recognition in global rankings A sincere thank you to our Clients and Colleagues for their invaluable support! Access the full ranking here. --- ## Portuguese Insurance and Pension Funds Supervisory Authority Establishes Governance System for Pension Fund Management Entities URL: https://ccsllegal.com/2024/09/13/portuguese-insurance-and-pension-funds-supervisory-authority-establishes-governance-system-for-pension-fund-management-entities/ Portuguese Insurance and Pension Funds Supervisory Authority Establishes Governance System for Pension Fund Management Entities Yesterday, Regulatory Rule no. 6/2024-R, dated 12 September, was published by the Insurance and Pension Funds Supervisory Authority, which instituted a Governance System for Pension Fund Management Entities (?Regulatory Rule ?). The publication of the Regulatory Rule is a concretization of the regulatory powers set forth in Law no. 27/2020, dated 23 July, concerning the establishment and operation of pension funds and pension fund management entities (?RJFP?). Among other matters, the following subjects are addressed, detailed, and/or expanded upon, with the aim of its improvement and reinforcement: General governance requirements, in particular: governance structures; risk self-assessment and risk management system; remuneration; organization, operation, and strategic planning; internal whistleblowing procedures; outsourcing; information disclosure; and prevention, communication, and resolution of conflicts of interest; The annual actuarial report on the financial status of each benefit plan; The key responsibilities of the management body, highlighting the duties of implementing a code of conduct and promoting an organizational culture; The internal policy for the selection and evaluation of the qualifications, suitability, and accumulation of responsibilities of the members of the management body and other persons who effectively manage the management entity, members of the supervisory body and the statutory auditor, top directors, persons responsible for key functions, and actuaries responsible for pension plans. A duty was also established for the approval of a succession plan, at least for the members of the management body and key function holders. The Regulatory Rule follows the best governance practices applicable to other regulated sectors, thereby completing the legal framework on this matter, which is praiseworthy. Click the link below to access the document: https://diariodarepublica.pt/dr/detalhe/norma-regulamentar-autoridade-supervisao-seguros-fundos-pensoes/6-2024-887550468 For more information, please contact us via email at rvr@ccsllegal.com [Photo by: Zoshua Colah, available at unsplash.com] --- ## Government revokes detrimental measures on short-term rentals and amends capital gains reinvestment scheme on the purchase of primary residences URL: https://ccsllegal.com/2024/09/10/government-revokes-detrimental-measures-on-short-term-rentals-and-amends-capital-gains-reinvestment-scheme-on-the-purchase-of-primary-residences/ Government revokes detrimental measures on short-term rentals and amends capital gains reinvestment scheme on the purchase of primary residences Today, Decree-Law N. º 57/2024, of 10 September, was published, introducing the following measures: Revocation of the extraordinary contribution on short-term rentals (effective as of 31 December, 2023). Revocation of the depreciation factor applicable to short-term rental establishments for municipal property tax purposes (effective as of 31 December 2023); Amendment of the capital gains reinvestment scheme in the acquisition of primary residences, as follows: Reduction of the minimum residency period in the disposed property from 24 to 12 months; Revocation of the 4-year limit on access to the scheme when it has already been used previously; Introduction of the possibility to deduct rents for primary residences from gross income obtained from the rental of a former primary residence, in the case of relocation exceeding 100km. Click the link below to access the decree: Decreto-Lei n.º 57/2024 | DR (diariodarepublica.pt) For more information, please contact us via email at jcg@ccsllegal.com [Photo by: Maria Ziegler, available at unsplash.com] --- ## CCSL Advogados was distinguished in the prestigious annual World Tax ? ITR in four areas: General Corporate Tax, Indirect Tax, Tax controversy and Private Client URL: https://ccsllegal.com/2024/08/28/ccsl-advogados-was-distinguished-in-the-prestigious-annual-world-tax-itr-in-four-areas-general-corporate-tax-indirect-tax-tax-controversy-and-private-client/ CCSL Advogados was distinguished in the prestigious annual World Tax ? ITR in four areas: General Corporate Tax, Indirect Tax, Tax controversy and Private Client CCSL Advogados was distinguished once again by the prestigious annual World Tax 2024 directory in the categories of Tax Controversy and Private Client at Tier 2 and General Corporate Tax and Indirect Tax at Tier 3. World Tax ? ITR ranking is one of the most respected guides in the Tax area worldwide, covering more than 140 jurisdictions. Check the full ranking here. --- ## Laws no. 32/2024, 33/2024, 34/2024 and 36/2024, of August 7th ? Amendments to the Personal Income Tax Code (CIRS) URL: https://ccsllegal.com/2024/08/07/laws-no-32-2024-33-2024-34-2024-and-36-2024-of-august-7th-amendments-to-the-personal-income-tax-code-cirs/ Laws no. 32/2024, 33/2024, 34/2024 and 36/2024, of August 7th ? Amendments to the Personal Income Tax Code (CIRS) As published in the Official Gazette today, Laws no. 32/2024, 33/2024, 34/2024 and 36/2024, of August 7th, have approved a set of new tax measurements that further amended the personal income tax code, which was last revised in June of this year.The most relevant measures within the scope of these legislative changes are as follows: The amount of ?4.104,00 (four thousand and one hundred and four euros) deductible from the gross income of Category A (employment income) and Category H (pensions) will be updated annually based on the IAS (i.e. social support reference index) adjustment rate. For 2024, the IAS is set at ?509,26, with the adjustment rate of 6%.  The IRS tax brackets defined in Article 68.º of the CIRS are updated by Law no.33/2024, of August 7th; A new Article 68.º-B is added to the Personal Income Tax Code (CIRS) determines that, and unless a legislative act determines otherwise, the amounts for the lower and upper limits of the taxable income brackets defined in Article 68.º paragraph 1, will be updated each year. This update will be conducted by the application the variation rates of the GDP (i.e. Gross domestic product) deflator and GDP per worker to the aforementioned tax bracket limits. These rates will be calculated using data published by the National Institute of Statistics (INE) in the third quarter of the year before the State Budget Law takes effect. The aforementioned rates will be published by an Administrative Ordinance until September 20th of the fiscal year to which they apply. Regarding the specific deduction for expenses with real estate (i.e. pertaining to rental agreements) the limit is now increased to ?800,00 (eight hundred euros). However, this deduction increase will be implemented gradually, as follows: -50% in 2025; ? 75% in 2026; ? 100% in 2027; The aforementioned tax measurements approved by Laws no. 32/2024, 33/2024, 34/2024 and 36/2024, of August 7th will entry into force on the day following their publication in the Official Gazette, which is August 8th, 2024. For more information, please contact us at jcg@ccsllegal.com [Photo by: Christin Hume, available at unsplash.com] --- ## Bárbara Rodrigues Ferreira URL: https://ccsllegal.com/team/barbara-rodrigues-ferreirae/ Bárbara Rodrigues Ferreira Associate Bárbara specialises in corporate law and M&A matters, advising national and international clients. Her experience also includes advising listed companies on corporate governance issues. Bárbara also has experience in financial law. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Bárbara initiated and developed her career in Garrigues Portugal, S.L.P. ? Sucursal for 4 years. After a professional experience as an in-house lawyer at Greenvolt ? Energias Renováveis S.A. (listed company) and at Fidelidade ? Companhia de Seguros, S.A., she has worked in Andersen Tax & Legal Iberia, SLP ? Sucursal em Portugal and Ricardo Reigada Pereira ? Sociedade de Advogados, SP, RL. (an independent law firm member of EY Law). Academic Background Bárbara holds a law degree from Faculdade de Direito da Universidade de Lisboa (2016). She also holds a master?s degree in business law from Universidade Católica Portuguesa. Expertise Bárbara is an Associate in the corporate and financial law team at CCSL. She is a member of the Portuguese Bar Association and is fluent in Portuguese and English. E-mail Contact: brf@ccsllegal.com --- ## Four lawyers at CCSL Advogados are nominated as finalists in the Iberian Lawyer Forty under 40 Awards 2024 in five practice areas URL: https://ccsllegal.com/2024/07/26/four-lawyers-at-ccsl-advogados-are-nominated-as-finalists-in-the-iberian-lawyer-forty-under-40-awards-2024-in-five-practice-areas/ Four lawyers at CCSL Advogados are nominated as finalists in the Iberian Lawyer Forty under 40 Awards 2024 in five practice areas In the Iberian Lawyer Forty under 40 Awards 2024 where nominated as finalists Mafalda Almeida Carvalho ? Lawyer of the Year M&A | Lawyer of the Year Private Equity, Hugo Batista Falcão ? Lawyer of the Year Litigation, Pedro Leitão da Mota ? Lawyer of the Year Tax and Mariana Alves de Melo ? Lawyer of the Year Real Estate. CCSL Advogados is once again a finalist in the Iberian Lawyer Forty Under 40, in 5 categories: Law Firm of the Year Litigation Law Firm of the Year M&A Law Firm of the Year Private Equity Law Firm of the Year Real Estate Law Firm of the Year Tax The Forty Under 40 awards, organised by the international publication Iberian Lawyer, recognise the achievements of the new generation of leading lawyers shaping the future of the legal profession and honor lawyers across Spain and Portugal under the age of 40. The winners will be announced at a ceremony on 26 September in Madrid. You can see the full list HERE. --- ## CCSL Advogados Advises DareData Engineering on Investment by NOS SGPS URL: https://ccsllegal.com/2024/07/26/ccsl-advogados-advises-daredata-engineering-on-investment-by-nos-sgps/ CCSL Advogados Advises DareData Engineering on Investment by NOS SGPS CCSL Advogados has successfully advised DareData Engineering in securing an investment from NOS SGPS. The CCSL Advogados team was led by Mafalda Almeida Carvalho, partner and head of the M&A practice, with support from Francisco Borges Coelho. DareData Engineering, a Portuguese company specializing in data infrastructure development and projects based on generative Artificial Intelligence (AI) and machine learning, was founded in 2019 and is currently headed by Nuno Brás, Ivo Bernardo, and Rui Figueiredo. The company boasts over 50 engineers and data scientists, with operations spanning the United States, Brazil, Spain, France, Greece, Norway, and Australia.Operating across various sectors, including pharmaceuticals, telecommunications, banking, logistics, and energy, DareData Engineering experienced a revenue growth of approximately 80% last year, reaching three million euros. ?We are thrilled to have played a role in facilitating this strategic investment,? said Mafalda Almeida Carvalho. ?This collaboration not only underscores the growing importance of AI and machine learning but also highlights DareData Engineering?s remarkable growth and potential in the global market.? For more information, please contact: Mafalda Almeida Carvalho Partner, M&A Practice Email: mac@ccsllegal.com CCSL Advogados assessora Dare Data Engineering no investimento pela NOS SGPS CCSL advises DareData on NOS SGPS investment --- ## Portuguese State to guarantee home Loans for primary residences of young adults URL: https://ccsllegal.com/2024/07/10/portuguese-state-to-guarantee-home-loans-for-primary-residences-of-young-adults/ Portuguese State to guarantee home Loans for primary residences of young adults A new decree has been published today, establishing the conditions under which the Portuguese State can provide guarantees to credit institutions to facilitate the granting of home loans for primary residences to young people aged 18 to 35. The regulations for implementing this measure will be approved shortly. Click on the link below to see the diploma: https://diariodarepublica.pt/dr/detalhe/decreto-lei/44-2024-871466267 For more information, please contact us at jcg@ccsllegal.com [Photo by: Brian Babb, available at unsplash.com] --- ## Law no. 31/2024, of June 28th ? New tax measures for the revitalization of capital markets in Portugal URL: https://ccsllegal.com/2024/06/28/law-no-31-2024-of-june-28th-new-tax-measures-for-the-revitalization-of-capital-markets-in-portugal/ Law no. 31/2024, of June 28th ? New tax measures for the revitalization of capital markets in Portugal As published in the Official Gazette, Law no. 31/2024, of June 28th , approved a set of tax measures that aim the revitalization and boosting the capital market, thus amending the Personal Income Tax Code (IRS), the Stamp Duty Code, and the Tax Benefits Statute (EBF). The most relevant measures within the scope of these legislative changes are as follows: 1.  Exclusion from capital gains taxation of 10% to 30% of the income, when related to securities admitted to trading or shares of open-ended collective investment schemes, under the following conditions: o         Assets held for more than 2 years and less than 5 years ? Exclusion from taxation of 10% of income; o         Assets held for 5 years or more and less than 8 years ? Exclusion from taxation of 20% of income; o         Assets held for 8 years or more ? Exclusion from taxation of 30% of income; 2. Update of the list of Collective Investment Schemes (OIC) in the Tax Benefits Statute (EBF), ensuring the much-needed harmonization with the Asset Management Regime (RGA). Furthermore, it clarifies the inclusion of Alternative Investment Funds for Venture Capital and Credits, which are established and operate in accordance with national legislation, within the scope of Article 23 of the EBF, and their income, regardless of its nature, is exempt from Corporate Income Tax (IRC). Collective Investment Schemes that support affordable rental housing The income earned by participants or shareholders from units of participation in Collective Investment Schemes (OIC) may benefit from a progressive tax exclusion for IRS or IRC purposes, upon meeting the following requirements: o The Collective Investment Schemes must be established (or amended in their constitutive documents) by December 31st , 2025; o  The assets of the said Collective Investment Schemes must be comprised  of 5% or more of properties intended for rental or sub-rental for affordable housing; o  The assets of the Collective Investment Schemes must be subject to rental or sub-rental contracts for affordable housing in the same proportion of 5%. Regarding the progressive exclusion of taxation, and upon meeting the above requirements, the amount of income earned by participants or shareholders is, for IRS or IRC purposes, equal to the difference between the amount obtained and the amount corresponding to the following percentage of exclusion: o  OIC that allocate between 5% and 10% of their assets to affordable rental ? Exclusion from taxation of 2,5% of the earned income; o  OIC that allocate between 10% and 15% of their assets to affordable rental ? Exclusion from taxation of 5% of the earned income; o  OIC that allocate between 15% and 25% of their assets to affordable rental ? Exclusion from taxation of 7,5% of the earned income; o  OIC that allocate more than 25% of their assets to affordable rental ? Exclusion from taxation of 10% of the earned income. For more information, please contact us at jcg@ccsllegal.com [Photo by: Lukas Blazek, available at unsplash.com] --- ## CCSL Advogados is a finalist of the Iberian Lawyer Energy Awards 2024 in six categories URL: https://ccsllegal.com/2024/06/03/ccsl-advogados-is-finalist-of-the-iberian-lawyer-energy-awards-2024-in-six-categories/ CCSL Advogados is a finalist of the Iberian Lawyer Energy Awards 2024 in six categories CCSL Advogados is a finalist in the Iberian Lawyer Energy Awards in the following areas: Law firm of the year M&A Law firm of the year Renewables Law firm of the year Finance Law firm of the year Litigation Law firm of the year Energy Tax Law firm of the year Oil & Gas CCSL partners are also finalists in Energy Awards, as individuals, in the relevant area of practice. José Calejo Guerra, head of Tax practice is finalist in the category of Lawyer of the Year Energy Tax and Lawyer of the Year Oil & Gas. Mafalda de Almeida Carvalho, head of the Corporate and Financial law practices, is among the finalists in three categories: Lawyer of the Year Finance, Lawyer of the Year M&A, and Lawyer of the Year Renewables. Hugo Baptista Falcão, head of Litigation, is a finalist in the category of Lawyer of the year Litigation. You can see the full list HERE. --- ## Changes to the online company formation regime in accordance with Ministerial Order n. º 155/2024/1 of 24 May URL: https://ccsllegal.com/2024/05/28/changes-to-the-online-company-formation-regime-in-accordance-with-ministerial-order-n-o-155-2024-1-of-24-may/ Changes to the online company formation regime in accordance with Ministerial Order n. º 155/2024/1 of 24 May As published in the Official Journal, Ministerial Order n.º 155/2024/1 of 24 May, has made some changes to the existing regulations. The legislative change established here follows the reformulation of the information system that supports Empresa Online. To this end, the new rules for the special procedure for the online incorporation of companies have been established and Ministerial Order N. º 657-C/2006 of 29 June 2006 has been repealed, providing for the filling in of the information required to comply with the obligation to declare the registration of a beneficial owner at the time of incorporation of the company. The specific electronic page for incorporated legal persons will also be accessible at https://registo.justica.gov.pt. For more information, please contact us at info@ccsllegal.com [Photo by: Glenn Carstens-Peters, available at unsplash.com] --- ## The First amendment to the Land Registration Legal Regime URL: https://ccsllegal.com/2024/05/22/first-amendment-to-the-land-registration-legal-regime/ The First amendment to the Land Registration Legal Regime As published in the Official Gazette, Decree-Law no. 36/2024, of May 21, made the first amendment to Decree-Law no. 72/2023, of August 23, which approves the land registration legal regime and establishes the national Cadastral information system (SNIC) and the cadastral map. Considering the complexity of developing and bringing into production the platform supporting the SNIC, the effective implementation of simple land registry operations for non-registered properties in deferred registration status located in the municipalities of Loulé, Oliveira do Hospital, Paredes, Penafiel, São Brás de Alportel, Seia, and Tavira has been postponed to January 1st, 2025. This amendment has retroactive effects from November 21st, 2023. For more information, please contact us at jlp@ccsllegal.com [Photo by: Annie Spratt, available at unsplash.com] --- ## CCSL Advogados is a finalist in three categories in the Women In Business Law Awards 2024 URL: https://ccsllegal.com/2024/05/07/ccsl-advogados-is-a-finalist-in-three-categories-in-the-women-in-business-law-awards-2024/  CCSL Advogados is a finalist in three categories in the Women In Business Law Awards 2024 CCSL Advogados is among the finalists in the prestigious Women in Business Law Awards in the categories ?Portugal Firm of the Year? and ?Women in Business Law National Firm?. Mafalda Almeida Carvalho, partner at CCSL, is nominated as ?Private Equity Lawyer of the Year? recognizing her exceptional contributions.   These Europe-wide awards recognize law firms that demonstrate exceptional dedication to promoting diversity and inclusion through innovative initiatives. The winners will be announced on June 26th.   We are very proud of this recognition. Thank you Women In Business Law Awards EMEA! Check out all the nominations HERE. --- ## Sofia Batista Linguíça URL: https://ccsllegal.com/team/sofia-batista-linguica/ Sofia Batista Linguíça Associate Sofia has experience in Real Estate, Corporate Law, and Foreign Investment (D2 visas and for entrepreneurs), supporting the firm?s clients in various sectors and operations. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Sofia began her professional journey at PRA ? Raposo, Sá Miranda & Associados, in the Corporate Law, Mergers and Acquisitions (M&A) area. Later, she joined the team at Rödl & Partner for two years, further solidifying her expertise in these areas. She also gained significant experience in Real Estate during her time as Legal Counsel at the Proptech Startup CASAFARI and at Valadas Coriel & Associados, where she spent 2 years advising the Corporate & Real Estate Department. At CCSL Advogados, she focuses her activity in the real estate law practise area. Academic Background Sofia holds a Law Degree from Nova School of Law (FDUNL). Expertise Sofia is registered with the Portuguese Bar Association and is fluent in Portuguese and English. E-mail Contact: sbl@ccsllegal.com --- ## CCSL Advogados once again recognized by The Legal 500 in three practice areas URL: https://ccsllegal.com/2024/03/28/ccsl-advogados-once-again-recognized-by-legal-500-in-three-practice-areas/ CCSL Advogados once again recognized by The Legal 500 in three practice areas We are delighted to announce that CCSL Advogados was once again recognized by the Legal 500 ranking, 2024 edition, in the categories of Tax (tier 5), Commercial, Corporate and M&A (tier 5), and Real Estate and Construction (tier 4), areas led by partners José Calejo Guerra (Tax), Mafalda Almeida Carvalho (Commercial, Corporate and M&A), and João de Lemos Portugal (Real Estate and Construction). The directory also highlighted Associates Frederico Félix Alves (Commercial, Corporate and M&A) and Mariana Alves de Melo (Real Estate and Construction) in the category of ?key lawyers.? The Legal 500 is one of the most relevant rankings in the legal market, analyzing and comparing law firms in over 150 jurisdictions over the past 35 years, providing a global view of the legal market. We thank our Clients and Colleagues for contributing to another year of success, reinforcing our motivation for the times ahead. You can view the full ranking HERE. --- ## Ranking Chambers Europe 2024 distinguishes José Calejo Guerra, Tax partner of CCSL Advogados URL: https://ccsllegal.com/2024/03/14/ranking-chambers-europe-2024-distinguishes-jose-calejo-guerra-tax-partner-of-ccsl-advogados/ Ranking Chambers Europe 2024 distinguishes José Calejo Guerra, Tax partner of CCSL Advogados José Calejo Guerra, head of Tax at CCSL Advogados, was once more recognized as a reference in Tax practice in Portugal by the prestigious directory Chambers and Partners, in the 2024 edition. Discover the full ranking HERE. --- ## Amendment to the Nationality Law: 5 years assessed from the request for temporary residence authorization URL: https://ccsllegal.com/2024/03/05/amendment-to-the-nationality-law-5-years-assessed-from-the-request-for-temporary-residence-authorization/ Amendment to the Nationality Law: 5 years assessed from the request for temporary residence authorization Organic Law No. 1/2024, of March 5, amends the Nationality Law, introducing a significant change in the calculation of the 5-year period, a key requirement for obtaining Portuguese nationality through naturalization. Specifically, with this amendment, the 5 years of residence in Portugal will be calculated from the moment the temporary residence authorization is requested. Click on the link below to see the diploma: https://diariodarepublica.pt/dr/detalhe/lei-organica/1-2024-854130977 For more information, please contact us at jcg@ccsllegal.com [Photo by Simon Studler, available at unsplash.com] --- ## Regulatory ordinances concerning changes to the Urbanisation and Building Legal Regime published URL: https://ccsllegal.com/2024/02/28/regulatory-ordinances-concerning-changes-to-the-urbanisation-and-building-legal-regime-published/ Regulatory ordinances concerning changes to the Urbanisation and Building Legal Regime published Decree-Law no. 10/2024 of 8 January reformed and simplified licensing in the fields of urbanism, land use planning and industry, introducing changes to the Urbanisation and Building Legal Regime (RJUE), approved by Decree-Law no. 555/99 of 16 December. The aim of these changes is to simplify procedures, eliminating unnecessary or redundant licences, authorisations, acts, and procedures in the field of urban planning and land-use planning, as well as reducing contextual costs and deadlines. As a result of these legal amendments, the following regulatory ordinances have been published: Ordinance no. 71-A/2024, which identifies the instructional elements of the procedures provided for in the RJUE and revokes Ordinance no. 113/2015, of 22 April. Ordinance 71-B/2024, which approves (i) the revision of the licence and prior communication models for allotment, urbanisation, building, demolition, land remodelling and other urban operations, as well as the introduction of response models to the communication of use and the prior communication of use with a deadline, depending on whether or not this communication is submitted after the urban operation subject to prior control has been carried out, (ii) revision of the model notices for publicising different urban planning operations, (iii) inclusion of the model act to be carried out in situations where the city council decides in favour of the request for prior information, and (iv) approval of the model notices for publicising requests for licensing or prior communication of urban planning operations and urban planning operations promoted by the Public Administration. Ordinance no. 71-C/2024, which amends Ordinance no. 1268/2008, of 6 November, that defines the model and requirements of the work book and sets out the characteristics of the electronic work book. Click on the links below to see the diplomas: https://diariodarepublica.pt/dr/detalhe/portaria/71-a-2024-853867971 https://diariodarepublica.pt/dr/detalhe/portaria/71-b-2024-853867972 https://diariodarepublica.pt/dr/detalhe/portaria/71-c-2024-853867973 For more information, please contact us at jlp@ccsllegal.com [Photo by Rémy Penet, available at unsplash.com] --- ## STA decision published on the tax regime applicable to dividends distributed to non-resident Collective Investment Undertakings URL: https://ccsllegal.com/2024/02/26/sta-decision-published-on-the-tax-regime-applicable-to-dividends-distributed-to-non-resident-collective-investment-undertakings/ STA decision published on the tax regime applicable to dividends distributed to non-resident Collective Investment Undertakings The Supreme Administrative Court (?STA?) published today a decision that standardises case law on the tax regime applicable to dividends paid by entities resident in Portugal to non-resident Collective Investment Undertakings (?CIUs?). In this case, a non-resident CIU (resident in Germany) received dividends from an entity resident in Portugal, which were subject to CIT withholding tax. The CIU disagreed with the withholding tax and submitted a request for an arbitration ruling to CAAD in order to have the withholding tax levied on the dividends distributed declared illegal. In support of this claim, it argued that the withholding tax act resulted in different treatment being given to dividends paid by entities resident in Portugal to non-resident CIUs and resident CIUs (exempt from CIT under Article 22 of the EBF), contrary to European Union law. In this context, the STA ruled that the limitation of the CIT exemption regime provided for in Portuguese legislation for dividends distributed to resident CIUs, excluding non-resident CIUs, is contrary to European Union law. Click on the link below to see the decision: https://diariodarepublica.pt/dr/detalhe/acordao-supremo-tribunal-administrativo/7-2024-853692250 For more information, please contact us at jcg@ccsllegal.com [Photo by: Scott Graham, available at unsplash.com] --- ## STA decision on the (non-)exemption of holding companies from stamp duty published URL: https://ccsllegal.com/2024/02/23/sta-decision-on-the-non-exemption-of-holding-companies-from-stamp-duty-published/ 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. For more information, please contact jcg@ccsllegal.com [Photo by: Dimitri Karastelev , available at unsplash.com] --- ## Change in the regime of entry, stay, exit, and removal of foreign citizens URL: https://ccsllegal.com/2024/01/17/change-in-the-regime-of-entry-stay-exit-and-removal-of-foreign-citizens/ Change in the regime of entry, stay, exit, and removal of foreign citizens The Regulatory Decree No. 1/2024, of January 17, amends the regulation of the legal framework for the entry, stay, exit, and removal of foreign citizens from the national territory. It aims to modernize and simplify administrative procedures to ensure that the ?Agência para a Integração, Migrações e Asilo, I. P.? (AIMA), the agency succeeding SEF in its administrative functions related to foreign citizens, can instruct and decide on processes regarding the stay of foreign citizens in the national territory in a timely manner and with enhanced security requirements. Click on the link below to see the diploma: https://diariodarepublica.pt/dr/detalhe/decreto-lei/10-2024-836222484 For more information, please contact us at jlp@ccsllegal.com [Photo by: Ryoji Iwata , available at unsplash.com] --- ## Published diploma reforming and streamlining urban planning, territorial planning and industry licences URL: https://ccsllegal.com/2024/01/09/published-diploma-reforming-and-streamlining-urban-planning-territorial-planning-and-industry-licences/ Published diploma reforming and streamlining urban planning, territorial planning and industry licences The Decree-Law No. 10/2024, dated January 8, introduces measures aimed at reforming and streamlining licensing procedures in the context of urban planning, territorial planning, and industry. In summary, this diploma introduces the following measures: elimination of the need to obtain urban planning licenses, introducing new cases for prior communication, exemptions, and waiver from prior control; streamlining administrative procedures for obtaining urban planning licenses, making prior communications and preliminary information processes more straightforward; adoption of measures to standardize urban planning procedures, preventing unjustified and asymmetrical practices and procedures across different municipalities; clarification of municipal powers in exercising prior urban planning control, particularly concerning license issuance; removal of certain excessive requirements in urban planning prior control matters; adoption of measures to simplify the process of obtaining authorization for use; simplification of processes related to specialties across various dimensions; streamlining the processes for receiving urban development works; simplification of formalities related to property purchase and sale, eliminating unnecessary formalities that do not add value. Click on the link below to see the diploma: https://diariodarepublica.pt/dr/detalhe/decreto-lei/10-2024-836222484 For more information please contact us at jlp@ccsllegal.com [Photo by: Scott Webb, available at unsplash.com] --- ## José Calejo Guerra, Partner of CCSL Advogados, Head of the Tax Law Department, shares insights on the End of the Non-Habitual Resident (NHR) Regime URL: https://ccsllegal.com/2023/12/06/jose-calejo-guerra-partner-of-ccsl-advogados-head-of-the-tax-law-department-shares-insights-on-the-end-of-the-non-habitual-resident-nhr-regime/ José Calejo Guerra, Partner of CCSL Advogados, Head of the Tax Law Department, shares insights on the End of the Non-Habitual Resident (NHR) Regime in the December edition of the Iberian Lawyer magazine.   Click HERE to see the article. --- ## The obligation to prove the maintenance of operation of local accommodation establishments until December 7th URL: https://ccsllegal.com/2023/11/27/the-obligation-to-prove-the-maintenance-of-operation-of-local-accommodation-establishments/ The obligation to prove the maintenance of operation of local accommodation establishments until December 7th With the enactment of Law no. 56/2023, several amendments to the legal regime applicable to the local accommodation activity were implemented, among these, the obligation for holders of local accommodation registries to present at RNAL ? National Registry of Local Accommodation, a contributory declaration proving that their respective local accommodation establishments are operating. The abovementioned obligation must be complied with until 7 December 2023, under penalty of cancellation of the respective local accommodation registry. It should also be noted that the aforesaid provision is not applicable to the operation of local accommodation units located in the permanent residence of the holder of the local accommodation registry, provided that such operation does not exceed 120 days per year. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Annie Spratt, available at unsplash.com] --- ## 3 Partners and 4 Associates from CCSL Advogados recognized by The Best Lawyers in the 2024 edition URL: https://ccsllegal.com/2023/11/16/3-partners-and-4-associates-from-ccsl-advogados-recognized-by-the-best-lawyers-in-the-2024-edition/ 3 Partners and 4 Associates from CCSL Advogados recognized by The Best Lawyers in the 2024 edition CCSL Advogados strengthens its position in the 2024 edition of Best Lawyers, a directory composed of the leading names in the legal profession in Portugal, being references in their respective areas of practice.   Partners José Calejo Guerra is highlighted in Tax Law, João de Lemos Portugal in Real Estate Law and Public Law, and Mafalda de Almeida Carvalho in the areas of Mergers and Acquisitions and Project Finance, Development, and Practice.   In the category of Ones to Watch, which recognizes early-career lawyers, Associates Pedro Leitão da Mota in Tax Law, Sofia Martins dos Santos and Catarina Flor Ferreira in Litigation, and Mariana Alves de Melo in Real Estate Law are nominated.   Best Lawyers is an American directory that annually highlights the best lawyers and law firms in each area of practice and in various jurisdictions, based on the opinions and votes of their peers.   --- ## CCSL Advogados welcomes Rita Rendeiro as a partner and strengthens its team with three new hires. URL: https://ccsllegal.com/2023/11/15/ccsl-advogados-welcomes-rita-rendeiro-as-a-partner-and-strengthens-its-team-with-three-new-hires/ CCSL Advogados welcomes Rita Rendeiro as a partner and strengthens its team with three new hires. Rita Rendeiro is the newest partner at CCSL Advogados, heading the areas of Finance, Compliance, and Sustainability.   With approximately 17 years of experience, Rita Rendeiro has worked in prominent law firms in Portugal and abroad, including Vieira de Almeida (VdA) in Lisbon, and Clifford Chance and Dentons in London, where she advised clients in Banking and Finance, Structured Finance, and Capital Markets.   She has also been part of the Issuers Department at the Portuguese Securities Market Commission (CMVM) and held leadership positions in international banks, serving as Head of Legal at Deutsche Bank and as Head of Legal, Compliance, and AML at Abanca in Portugal, as well as in a Private Equity firm focused on impact investments.   Rita holds a degree in Law from the Faculty of Law at the Nova University of Lisbon, an LLM in International Business Law from the Católica Global School of Law, and is a Certified ESG Analyst (CESGA®) by EFFAS ? European Federation of Financial Analysts Societies.   Rita is the founder of the civic movement Women in ESG Portugal® and the president of Direito Mental ? Association for the Promotion of Mental Health in the Legal Community. She is also a member of the Portuguese Bar Association.   Rita Rendeiro joins the team of partners at CCSL Advogados, which includes José Calejo Guerra (leading the Tax Law practice), João de Lemos Portugal (Real Estate and Public), Mafalda Almeida Carvalho (Corporate and M&A), Hugo Batista Falcão (Litigation), and non-executive partner João Diogo Stoffel.   For Rita, ?joining CCSL Advogados represents a unique opportunity to be part of a distinctive project with an excellent team that works in partnership with clients to implement complex and innovative projects, without losing focus on people, who are our greatest asset.?   José Calejo Guerra, the managing partner of the firm, emphasizes that this integration strengthens the firm?s position in the areas of Financial Law, Compliance, and Sustainability, which are areas of significant development and growing innovation. Rita?s extensive experience in these practice areas, both in Portugal and abroad, aligns with the profiles of other partners and the rest of the team, showcasing excellence in both professional and personal characteristics, reinforcing confidence and satisfaction in this integration.   CCSL Advogados has also welcomed lawyers Lourenço Noronha e Andrade and Francisco Borges Coelho to bolster the Corporate and M&A and Finance, Compliance, and Sustainability teams.   Lourenço Noronha e Andrade joins from PLMJ and holds a degree from the Faculty of Law at the University of Lisbon, with an LL.M in International Business Law from Tilburg University, Netherlands.   Francisco Borges Coelho previously worked at OC Advogados and holds a degree from Universidade Europeia, with a Master?s in Business Law from the Faculty of Law at the Catholic University of Portugal. Currently, he is pursuing a Postgraduate degree in Artificial Intelligence In Legal Practice and Its Regulation at the Faculty of Law, University of Lisbon.   The new hires also include trainee lawyer Júlia Teles, who graduated in Law from the Faculty of Law at the University of Lisbon.   CCSL Advogados now consists of a team of six partners, three of counsel, and seven lawyers. Eco Advocatus --- ## CCSL Advogados among the best law firms in Portugal in Tax Law, Real Estate, Private Equity and Corporate/ M&A? ranking Leaders League 2024 URL: https://ccsllegal.com/2023/11/13/ccsl-advogados-among-the-best-law-firms-in-portugal-in-tax-law-real-estate-private-equity-and-corporate-ma-ranking-leaders-league-2024/ CCSL Advogados among the best law firms in Portugal in Tax Law, Real Estate, Private Equity and Corporate / M&A? ranking Leaders League 2024 CCSL Advogados was recognized as one of the best law firms in Portugal in Tax Law, Real Estate, Corporate / M&A e Private Equity by the prestigious directory Leaders League, edition 2024.   Partners José Calejo Guerra, head of Tax practice, João de Lemos Portugal, head of the Real Estate practice and Mafalda Almeida Carvalho, head of Corporate/ M&A e Private Equity practices, are highlighted in the relevant practice areas.   The international directory bases the results of its rankings on questionnaires to clients, external entities and their peers ? lawyers ? in each jurisdiction.   You may find the full ranking here.   --- ## Rita Rendeiro URL: https://ccsllegal.com/team/rita_rendeiro/ Rita Rendeiro Partner Rita specializes in banking and finance, compliance and sustainability issues. She has advised banks, asset managers, private investors and financial intermediaries in connection with financial transactions as well as conduct, regulatory and compliance issues. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Rita has worked at leading law firms both in Portugal and abroad, including Vieira de Almeida (VdA), as well as Clifford Chance and Dentons in London, where she has advised clients on general banking and finance matters, structured finance and capital markets transactions. She was a legal adviser at the Issuer?s Department of the Portuguese Securities Commission (CMVM) and held management positions at international banks, including as Head of Legal of Deutsche Bank and Head of Legal, Compliance and AML at Abanca Portugal, as well as at a Private Equity firm dedicated to impact investments. Academic Background Rita holds a law degree from Universidade Nova de Lisboa (2006), is LLM in International Business Law by Católica University Global School of Law and she is a Certified ESG Analyst (CESGA®) by EFFAS ? European Federation of Financial Analysts Societies. She has completed an executive programme in Sustainable Finance at the Cambridge Institute for Sustainability Leadership (Cambridge University). Expertise Rita leads the firm?s Finance, Compliance and Sustainability practice, drawing upon her experience advising clients in connection with banking and finance matters, capital markets transactions and financial intermediation and asset management issues. Her insight from both regulatory and in-house experiences allows her to provide guidance to clients in connection with financial regulation, compliance, and sustainability challenges. She is a full member of the Portuguese Bar Association and speaks fluent Portuguese, English, Spanish. E-mail Contact: rvr@ccsllegal.com --- ## Lourenço Noronha Andrade URL: https://ccsllegal.com/team/lourenco_noronha_andrade/ Lourenço Noronha Andrade Associate Lourenço specializes in commercial, corporate, and M&A matters. He has expertise in providing legal counsel to national and international clients, in several business sectors, focusing primarily on transactional activities, particularly in negotiating commercial contracts. Lourenço has also experience in Real Estate matters. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Lourenço worked as a paralegal and later as a trainee lawyer at PLMJ, Advogados, SP, RL. Academic Background Lourenço holds a law degree from Faculdade de Direito da Universidade de Lisboa. He also holds a master?s degree in international business law from the University of Tilburg. Expertise Lourenço is an Associate in the corporate and financial law team at CCSL, He is a member of the Portuguese Bar Association and is fluent in Portuguese and English. E-mail Contact: lna@ccsllegal.com --- ## CCSL Advogados was recognized in the 2024 INTL Corporate Global Awards URL: https://ccsllegal.com/2023/10/11/ccsl-advogados-was-recognized-in-the-2024-intl-corporate-global-awards/ CCSL Advogados was recognized in the 2024 edition of the INTL Corporate Global Awards as: Public & Regulatory Law Firm of the Year in Portugal --- ## New measures in the context of housing policies URL: https://ccsllegal.com/2023/10/06/new-measures-in-the-context-of-housing-policies/ New measures in the context of housing policies The Law No. 56/2023, dated October 6, which constitutes the ?Mais Habitação? program, has brought about changes to the Local Accommodation (LA) regime, signalled the end of Golden Visas, affected the rental prices in new lease contracts, modified eviction procedures, and affordable rental programs, and has also promoted significant revisions in terms of Property Tax (IMI) and Income Tax (IRS). In the coming days, we will conduct a more detailed analysis of the various legislative changes approved, which will have an impact on families and businesses, and entail noteworthy alterations in the realm of income taxes, property taxes, tax incentives, and Value Added Tax (VAT). Click here to see the diploma. For more information please contact us at jlp@ccsllegal.com [Photo by: Zeynep Sümer, available at unsplash.com] --- ## Three partners and two teams from CCSL Advogados are finalists in the Iberian Lawyer Forty under 40 Awards ? 2023 edition URL: https://ccsllegal.com/2023/09/26/three-partners-and-two-teams-from-ccsl-advogados-are-finalists-in-the-iberian-lawyer-forty-under-40-awards-2023-edition/ Three partners and two teams from CCSL Advogados are finalists in the Iberian Lawyer Forty under 40 Awards ? 2023 edition CCSL Advogados partners José Calejo Guerra, head of tax, Mafalda Almeida Carvalho, head of M&A and Private Equity and Hugo Batista Falcão, head of litigation along with Associate Mariana Alves de Melo,  are finalists in the prestigious Iberian Lawyer Forty under 40 awards in their respective categories as individual lawyers. CCSL Advogados? Litigation and Private Equity teams were also selected as finalists in Team category. The Forty under 40 awards are a reference in Iberian Lawyer and distinguish lawyers and teams under 40 years of age in Portugal and Spain. You can view the full list here. --- ## CCSL Advogados among the best Portuguese law firms in M&A according to IFLR1000 URL: https://ccsllegal.com/2023/09/14/ccsl-advogados-among-the-best-portuguese-law-firms-in-ma-according-to-iflr1000/  CCSL Advogados among the best Portuguese law firms in M&A according to IFLR1000 The highly regarded international directory, IFLR1000, has recommended our firm in the ?Tier 5? category for M&A, solidifying our position among the top Portuguese law firms in this area of practice.   This directory is the guide to the main financial and corporate law firms in the world, being the only international legal directory that, since 1990, has been dedicated to classifying law firms and lawyers based on financial and corporate transactional work.   CCSL Advogados continues to reach new achievements and strengthens its presence in reputed international directories. Excellent news to CCSL Advogados team, who adds this recognition to the ones it has been receiving in the last months, in different areas of practice.   A special thanks to our Clients and Colleagues!   You can access the full ranking here. --- ## CCSL Advogados is a finalist of the Iberian Lawyer Forty under 40 Awards 2023 in five practice areas URL: https://ccsllegal.com/2023/09/08/ccsl-advogados-is-a-finalist-of-the-iberian-lawyer-forty-under-40-awards-2023-in-five-practice-areas/ CCSL Advogados is a finalist of the Iberian Lawyer Forty under 40 Awards 2023 in five practice areas CCSL Advogados is a finalist in the Iberian Lawyer Forty under 40 Awards in the following areas: Law Firm of the Year Litigation Law Firm of the Year M&A Law Firm of the Year Private Equity Law Firm of the Year Real Estate Law Firm of the Year Tax Additionally, individuals from CCSL Advogados have also been named finalists in the Forty under 40 Awards in their respective practice areas: Lawyer of the Year Litigation ? Hugo Baptista Falcão, Partner, and Sofia de Melo Campelo, Associate Lawyer of the Year M&A ? Mafalda Almeida Carvalho, Partner, and Catarina Flor Ferreira, Associate Lawyer of the Year Private Equity ? Mafalda Almeida Carvalho, Partner Lawyer of the Year Real Estate ? Mariana Alves de Melo, Associate Lawyer of the Year Tax ? José Calejo Guerra, Partner, and Pedro Leitão da Mota, Associate You can view the full list here. --- ## CCSL Advogados was distinguished in the prestigious annual World Tax ? ITR in four areas: Private Client, Indirect Tax, Tax controversy e General Corporate Tax URL: https://ccsllegal.com/2023/09/06/ccsl-advogados-was-distinguished-in-the-prestigious-annual-world-tax-itr-in-four-areas-private-client-indirect-tax-tax-controversy-e-general-corporate-tax/ CCSL Advogados was distinguished in the prestigious annual World Tax ? ITR in four areas: Private Client, Indirect Tax, Tax controversy e General Corporate Tax CCSL Advogados was distinguished once again in the prestigious annual World Tax for 2024 in the categories of Private Client, IndirectTax, Tax Controversy (Tier 2), and General Corporate Tax (Tier 3). CCSL?s managing partner José Calejo Guerra was also recognized as highly regarded in Tax Controversy. Pedro Leitão da Mota, CCSL?s lawyer, is recognized as highly regarded in Private Client. World Tax ? ITR ranking is one of the most respected guides in the Tax area worldwide, covering more than 140 jurisdictions located on all continents. Check full ranking here   --- ## Limits for Fund Management Companies and Fundraisers URL: https://ccsllegal.com/2023/07/28/limits-for-fund-management-companies-and-fundraisers/ Limits for Fund Management Companies and Fundraisers -Trading of investment shares in collective investment undertakings-   CMVM discloses the conditions and limits applicable to Management Companies (MC) and to the increasing use of fundraisers in the process of raising capital for Venture Capital Funds (VCF), under the legal regime of commercialisation and prospecting, issuing CIRCULAR 013/2023 following the publication of the Asset Management Regime and the Circular on Asset Management, in the past months of April and May respectively.   This new Circular underlines the responsibility of MCs in respect of the commercialisation and information provided about collective investment undertakings, recommending the execution completion of written agreements with the fundraisers, the purpose of which is limited to the mere referral of potential investors to the MCs, consequently prohibiting prospecting and commercialisation (pre-commercialisation), as well as advertising and promotion of collective investment undertakings.   It is worth noting the extension of the ?appropriateness? requirement to venture capital companies, which should define and implement procedures for the assessment of the adequacy of knowledge and experience of the non-professional investors in relation to the investment in alternative investment undertakings whose units it commercializes.   Also, it is recommended that MCs implement procedures to ensure compliance with the regime applicable to public offers regarding the demand, requirements, and exemption situations for the submission of prospectuses, as well as the prior assessment and monitoring of the evolution of the units of closed-end OICs.   [Photo by: Lukas Blazek, available at unsplash.com] --- ## Law on medically assisted death published in the Official Gazette URL: https://ccsllegal.com/2023/05/25/law-on-medically-assisted-death-published-in-the-official-gazette/ Law on medically assisted death published in the Official Gazette The legal regime that establishes the conditions under which medically assisted death can occur, namely through medically assisted suicide or euthanasia, was published in the Official Gazette through Law No. 22/2023, of 25 May. Under the terms of the law, medically assisted death is not punishable when it occurs by decision of an adult, whose will is repeatedly declared, serious, free and informed, in a situation of great intensity suffering, with definitive injury of extreme gravity or serious and incurable disease, when performed or assisted by health professionals. This law comes into force 30 days after the publication of the respective regulation Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Hush Naidoo Jade Photography, available at unsplash.com] --- ## New tax incentive regime for startups and scaleups approved URL: https://ccsllegal.com/2023/05/25/new-tax-incentive-regime-for-startups-and-scaleups-approved/ Aiming to promote tax competitiveness with other legal systems of the European Union, and thus create the appropriate conditions for the development of the start-up and scaleup ecosystem in Portugal, Law no. 21/2023 was published today, which introduced tax incentives for stock options plans created by micro, small or medium-sized entities or small or mid-cap entities operating in the field of innovation. The main measures introduced by this diploma are: Taxation of shares acquired under the stock options plan only at the time of the sale; Exemption from taxation of 50% of the income derived from the sale of the share and taxation at a flat rate of 28%; Exit tax in case of termination of the tax residency in Portugal of the individual (thus being treated as a disposal of shares); Taxation of the free transfer of the shares acquired as a gain; The entity may be held subsidiary liable for tax due as a result of a subsequent ascertainment of the non-application of the regime by the Portuguese Tax Authorities, if it has confirmed its applicability to the beneficiary or not responded to a clarification request within 90 days; Shareholders with at least 20% of equity or voting rights and members of the governing body are excluded from this regime, except if the entity was qualified as a micro, small or medium-sized entity in the year prior to the creation of the stock options plan Click HERE to access the diploma. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Proxyclick Visitor Management System, available at unsplash.com] --- ## CCSL Advogados is a finalist in two categories in the Women In Business Law Awards 2023 URL: https://ccsllegal.com/2023/05/04/ccsl-advogados-is-a-finalist-in-two-categories-in-the-women-in-business-law-awards-2023/ CCSL Advogados is a finalist in two categories in the Women In Business Law Awards 2023 CCSL Advogados is among the finalists for the prestigious Women in Business Law awards in the categories ?Portugal Firm of the Year? and ?Career Development Programme ? National Firm?. These Europe-wide awards recognize law firms that develop the most innovative initiatives to promote diversity and inclusion. The winners will be announced on June 28. Check all the nominations HERE. --- ## New Asset Management Regime approved URL: https://ccsllegal.com/2023/05/02/new-asset-management-regime-approved/ New Asset Management Regime approved With the goal to simplify the regulation of the sector and standardize national rules in accordance with the European law, the new Asset Management Regime (RGA) was approved through the Law-Decree 27/2023 of 28th, aiming to regulate the activity of collective management of assets in the form of collective investment entities (OIC). With the promulgation of this Regime, the General Regime of Collective Investment Entities (RGOIC) and the Legal Regime of Venture Capital, Social Entrepreneurship and Specialized Investment (RJCRESIE) that regulated this activity were revoked, with the entire regime being concentrated in the one diploma. The new RGA presents a reduction of the types of entities and collective investment entities, as well as the simplification of the process and reduction of the deadlines for the authorization for the start of activity to be granted by of the Portuguese Securities Market Commission (CMVM). We highlight below the main changes from this regime: ? Simplification of the catalogue of typologies of management companies that can carry out the activity of collective asset management: only Management Companies of Collective Investment Entities (SGOIC) and Venture Capital Companies (SCR) are eligible for this activity; ? Simplification of the catalogue of typologies of Alternative Investment Entities (OIA): only four types of OIA can now be established depending on the main object of the investment, namely real estate OIAs, venture capital OIAs, credit OIAs and residual type OIAs; ? Management companies are now classified as small or large: Small management companies must have a minimum initial capital of EUR 75 000 and are now subject to a simplified authorization regime by the Portuguese Securities Market Commission which has a maximum period of 30 days to carry out the authorization; Large management companies shall have a minimum initial capital of at least EUR 125 000 or, if they carry out the activity of registration and deposit of financial instruments, EUR 150 000, and the new Regulation establishes a decision period by the Portuguese Securities Market Commission of 90 days, extendable for 30 days. The new regime will come into force on May 29. Click HERE to access the diploma. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Scott Graham, available at unsplash.com] --- ## Food allowance update for Public Administration URL: https://ccsllegal.com/2023/04/19/food-allowance-update-for-public-administration/ Food allowance update for Public Administration Ordinance No. 107-A/2023, published in the Official Journal, updated the food allowance for Public Administration workers to 6 euros. The food allowance update takes effect on January 1, 2023. Click HERE to access the diploma. For more information please contact us at jcg@ccsllegal.com [Photo by: Bundo Kim, available at unsplash.com] --- ## A last breath for the Portuguese Golden Visa Program URL: https://ccsllegal.com/2023/04/17/a-last-breath-for-the-portuguese-golden-visa-program/ The Portuguese Government has presented a revised draft law relating to the end of the Golden Visa Program which protects the condition of existing investors while providing a last window for new applicants. The main aspects to be highlighted are as follows: The Golden Visa Program will remain unchanged the day the law takes effect. Until then, new applications will be accepted (including applications submitted after February 16th); Existing (and pending) Golden Visas will be converted into D2 Visas (Entrepreneur Visas); The minimum stay requirements will remain the same as the Golden Visa (7 days in the first year and 14 days for each of the subsequent 2 years period). Considering the above, we expect a window of 45 to 60 days for new applicants to enter the Program. For more information, please contact us via e-mail at jcg@ccsllegal.com [Photo by: Zhi Xuan Hew, available at unsplash.com] --- ## The Legal 500 distinguishes CCSL Advogados in three areas of practice: Tax, Commercial, Corporate and M&A and Real Estate and Construction URL: https://ccsllegal.com/2023/04/12/ccsl-advogados-destacada-novamente-pelo-legal-500-em-tres-areas-de-pratica-tax-commercial-corporate-and-ma-e-real-estate-and-construction/ CCSL Advogados was recognized by The Legal 500 in the 2023 edition in the categories Tax, Commercial, Corporate and M&A and Real Estate and Construction, areas of practice headed by partners José Calejo Guerra (Tax), Mafalda Almeida Carvalho (Commercial, Corporate and M&A) and João de Lemos Portugal (Real Estate and Construction). The Legal 500 is one of the most relevant ranking in the legal business, recognizing and distinguishing law firms in more than 150 jurisdictions. You can see the full tax ranking here. --- ## Appointment of the competent entity to issue certificates attesting tacit approval URL: https://ccsllegal.com/2023/03/24/appointment-of-the-competent-entity-to-issue-certificates-attesting-tacit-approvals/ Appointment of the competent entity to issue certificates attesting tacit approval As part of the Portuguese government?s commitment to simplify administrative procedures, the Law-Decree no. 11/2023, of February 10th, established the mechanism for certification of tacit deferrals. This provides a mechanism for citizens to request, on a swift manner and free of charge, the issuance of a certificate attesting the occurrence of any tacit approval or other type of positive effects associated with the lack of response from administrative entities. In this context, the Agency for Administrative Modernization, I.P. was designated today as the competent entity for issuing the said certificates. It is important to note that the tacit deferral does not depend on obtaining the certificate, which is only valid to prove the decision. Click HERE to access the document. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Christin Hume, available at unsplash.com] --- ## Ranking Chambers Europe 2023 distinguishes José Calejo Guerra, Tax partner of CCSL Advogados URL: https://ccsllegal.com/2023/03/17/ranking-chambers-europe-2023-distinguishes-jose-calejo-guerra-tax-partner-of-ccsl-advogados/ Ranking Chambers Europe 2023 distinguishes José Calejo Guerra, Tax partner of CCSL Advogados José Calejo Guerra, head of Tax practice in CCSL Advogados, was recognized as a reference in the area of Tax by the prestigious directory Chambers and Partners, in 2023 edition. You may find the full ranking HERE. --- ## Immigrants from the Community of Portuguese Speaking Countries (CPLP) can request their residency permit online URL: https://ccsllegal.com/2023/03/15/immigrants-from-the-community-of-portuguese-speaking-countries-cplp-can-request-their-residency-permit-online/ Immigrants from the Community of Portuguese Speaking Countries (CPLP) can request their residency permit online The Portuguese Government has created a new platform exclusively for immigrants from the Community of Portuguese Speaking Countries (CPLP) which allows them to obtain an automatic residency permit online, valid for one year and renewable every two years, without the need of an appointment with SEF. The platform is now valid for citizens from this community who either: Have a visa issued by a Portuguese Consulate until the 31st of October 2022; or Who have submitted a ?manifestation of interest? until the 31st of December 2022 and are still waiting for an appointment with SEF to obtain their residency permit. On a second stage, the platform will also be available for citizens who have not yet started their residency permit process or have done so from 2023 onwards. The automatic residency permit will have a cost of ?15. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Sergey Zolkin, available at unsplash.com] --- ## Transposition of the Omnibus Directive regarding Consumer Protection URL: https://ccsllegal.com/2023/03/08/transposition-of-the-omnibus-directive-regarding-consumer-protection/ Transposition of the Omnibus Directive regarding Consumer Protection Law no. 10/2023, published on March 3rd, completed the transposition of Directive (EU) 2019/2161 (Omnibus Directive) on consumer protection. Decree-Law 109-G/2021 of 10 December has partially transposed the Omnibus Directive, in which the rights of consumers in the digital environment have been strengthened by reinforcing their digital and online rights and making online information more transparent. Law no. 10/2023 has now transposed the remaining part of the Omnibus Directive, reinforcing the penalty framework applicable in case of violation of consumer rights. Click HERE to access the diploma. For more information, please contact us at jlp@ccsllegal.com [Photo by: Rupixen, available at unsplash.com] --- ## CCSL Advogados among the best law firms in Portugal in Real Estate and Corporate Tax ? ranking Leaders League 2023 URL: https://ccsllegal.com/2023/01/18/ccsl-advogados-among-the-best-law-firms-in-portugal-in-real-estate-and-corporate-tax-ranking-leaders-league-2023/ CCSL Advogados among the best law firms in Portugal in Real Estate and Corporate Tax ? ranking Leaders League 2023 CCSL Advogados was recognized as one of the best law firms in Portugal in Corporate Tax and Private Equity by the prestigious directory Leaders League, edition 2023. Partners José Calejo Guerra, head of Tax practice and Mafalda de Almeida Carvalho, head of Corporate and M&A, are highlighted in the relevant areas, in the category Recommended. The international directory bases the results of its rankings on questionnaires to clients, external entities and their peers ? lawyers ? in each jurisdiction.             You may find the full ranking HERE --- ## New tax rules for crypto assets ? final version applicable as of 01/01/2023 URL: https://ccsllegal.com/2022/12/27/new-tax-rules-for-crypto-assets-final-version-applicable-as-of-01-01-2023/ New tax rules for crypto assets ? final version applicable as of 01/01/2023 After much discussion the Portuguese Government has approved the final wording for the 2023 State Budget, which contains the long-awaited tax framework for crypto operations. Below we highlight 5 key aspects of the new rules applicable to Portuguese-resident individuals involved in crypto operations. Definition of crypto assets For Portuguese tax purposes, crypto assets include any digital representation of value or rights which may be transferred or stored electronically through distributed ledger technology or similar. Moreover, the definition excludes single crypto assets and non-fungible crypto assets. Taxation of trading in crypto but exemption for assets held for more than 12 months Capital gains from trading in crypto are now subject to general capital gains tax. Under these rules, the net result of trading operations of the year are subject to a generally applicable tax rate of 28%. Moreover, a full exemption on crypto assets held for more than 365 days (even if holding started before 01/01/2023) applies. As before, if crypto trading operations are deemed to occur in the context of a business, such income is taxed as business income at the general tax rates but an 85% tax deduction on the net result of trading operations of the year applies (taxable income shall only be 15% of the year net result). Taxation of other crypto operations but tax deferral mechanism Other than trading, other forms of income from validation operations are now also taxable. In particular, the issuance, mining, staking or validation of crypto will now be regarded as business income and taxable as such. However, except for mining where a 5% deduction on yearly income applies, only 15% of the income generated with the issuance, staking or validation operations will be effectively subject to taxes with a full exemption on the other 85%. In any case, taxes only become due if and when the crypto assets are traded for fiat. Non-taxation of crypto for crypto exchanges Despite the new tax regimes highlighted above, the tax implications mentioned on 2. and 3. above only apply to the extent the operation is made in consideration for fiat. As such, in the case of transactions made in consideration for crypto assets, no taxation shall apply. Exit tax for crypto holders Last, but not the least, the new law provides for an exit tax for crypto holders which renders any residency move as a disposal event. In accordance, a Portuguese resident who moves away from Portugal will be required to pay capital gains tax (under the above rules) upon becoming a non-tax resident. For more information please contact us at jcg@ccsllegal.com [Photo by: Pierre Borthiry, available at unsplash.com] --- ## CCSL Advogados Partners and Associates distinguished by The Best Lawyers, in the 2023 edition URL: https://ccsllegal.com/2022/11/17/socios-e-associados-da-ccsl-advogados-distinguidos-por-the-best-lawyers-na-edicao-de-2023/ CCSL Advogados Partners and Associates distinguished by The Best Lawyers, in the 2023 edition The prestigious directory distinguished three Partners and five Associates of CCSL Advogados. José Calejo Guerra was referred in the area of Tax Law, João de Lemos Portugal for Real Estate Law and Mafalda de Almeida Carvalho for Project Finance and Development Practice in the 13th Edition of The Best Lawyers in Portugal. Best Lawyers 2023 Edition The Associates were also recognized by the Directory in ?Ones to Watch?: Sofia Martins dos Santos and Catarina Flor Ferreira in Litigation; Pedro Leitão da Mota and André Reis de Pinho in Tax Law and Mariana Alves de Melo in Real Estate Law. Ones to Watch 2023 --- ## World Tax Directory – ITR distinguishes CCSL Advogados in four practice areas: Private Client, Indirect Tax, Tax controversy and General Corporate Tax URL: https://ccsllegal.com/2022/09/09/ccsl-advogados-was-distinguished-in-the-prestigious-annual-world-tax-itr-2/ World Tax Directory ? ITR distinguishes CCSL Advogados in four practice areas: Private Client, Indirect Tax, Tax controversy and General Corporate Tax CCSL Advogados was recognized by the prestigious directory World Tax 2023 in the categories of Private Client, Indirect Tax, Tax controversy, Tier 2, and General Corporate Tax, Tier 4. The Rankings may be consulted HERE. José Calejo Guerra, managing partner and head of CCSL Advogados? tax practice was again recognized as a tax leader and highly regarded in Tax Controversy. In the categories of General Corporate Tax and Private Client, he is highlighted as highly regarded. --- ## Portugal creates new visas for remote workers, citizens looking for jobs in Portugal and countries of the CPLP URL: https://ccsllegal.com/2022/08/29/portugal-creates-new-visas-for-remote-workers-citizens-looking-for-jobs-in-portugal-and-countries-of-the-cplp/ Portugal creates new visas for remote workers, citizens looking for jobs in Portugal and countries of the CPLP The Portuguese Government has published the changes to the Portuguese Residency Law, which entered into force on 26/08/2022. Under the new regulations, new visas were created as follows: Visa for remote workers ? Remote workers will now be able to apply to Portuguese residency. Prior to this change remote workers had to apply to other types of visas (such as the D2 or D7) which created problems in completing the process. Visa for job search ? Citizens looking for jobs in Portugal will now be able to apply for a Portuguese visa even if they do not have any job offer yet. .The visa is valid for 120 days, renewable for 60 days. Visa for citizens of the Portuguese Language Community ? Special conditions for citizens of CPLP were created which will, along other particularities, waive SEF?s preliminary decision. The new framework will facilitate the immigration process to Portugal and cater for specific needs of remote workers, people looking for jobs in Portugal and citizens of the CPLP. For more information please contact us at jcg@ccsllegal.com [Photo by: Ian Dooley, available at unsplash.com] --- ## CCSL Advogados among the best Portuguese law firms in M&A according to the prestigious directory IFLR1000 URL: https://ccsllegal.com/2022/08/26/ccsl-advogados-among-the-best-portuguese-law-firms-in-ma-according-to-the-prestigious-directory-iflr1000-3/ CCSL Advogados among the best Portuguese law firms in M&A according to the prestigious directory IFLR1000 The prestigious international directory IFLR1000 recommends the Firm under the category Other notable firms in M&A, thus being included among the best Portuguese law firms in this area of practice. This directory is the guide to the main financial and corporate law firms in the world, being the only international legal directory that, since 1990, has been dedicated to classifying law firms and lawyers based on financial and corporate transactional work. Excellent news for the team of CCSL Advogados, in addition to the recognitions in different areas of practice received by the firm in recent months. The ranking may be consulted HERE. --- ## The Portuguese Tax and Customs Authority clarifies procedures to be adopted to comply with the obligations regarding the new contribution on single-use plastic and aluminium packaging URL: https://ccsllegal.com/2022/08/12/the-portuguese-tax-and-customs-authority-clarifies-procedures-to-be-adopted-to-comply-with-the-obligations-regarding-the-new-contribution-on-single-use-plastic-and-aluminium-packaging/ The Portuguese Tax and Customs Authority clarifies procedures to be adopted to comply with the obligations regarding the new contribution on single-use plastic and aluminium packaging Law no. 75-B/2020, of 31 December, established a contribution of EUR 0,30 on single-use packaging made of plastic, aluminium or multi-material with plastic or aluminium, acquired in ready-to-eat and take-away meals or with home delivery. In addition, Ministerial Order no. 331-E/2021, of 31 December, was published to regulate this obligation, in particular with regard to the status of the taxpayers of this obligation, the procedures applicable to the release of the packages for consumption, the assessment and payment of the contribution and the information of consumers by the economic operators involved. Under the terms of this Ministerial Order it was established that the contribution on single-use packaging applies from: 01 July 2022, for plastic or multi-material packaging with plastic; and 01 January 2023, for aluminium or multi-material packaging with aluminium. Following the above, on 10 August 2022, the Portuguese Tax and Customs Authority published the circular no. 35.174 in which it clarified the procedures to be adopted by taxpayers to comply with the tax obligations set forth in the above-mentioned diplomas. Click HERE to access circular. For more information, please contact us at jcg@ccsllegal.com [Photo by: Mika Baumeister, available at unsplash.com] --- ## Portugal creates a new visa for remote workers, citizens looking for jobs and facilitates the visa for Countries of the Portuguese Language Community URL: https://ccsllegal.com/2022/07/25/portugal-creates-a-new-visa-for-remote-workers-citizens-looking-for-jobs-and-facilitates-the-visa-for-countries-of-the-portuguese-language-community/ Portugal creates a new visa for remote workers, citizens looking for jobs and facilitates the visa for Countries of the Portuguese Language Community The Portuguese Government has approved a series of changes to the Portuguese Residency Law. We highlight the following: New Visa for remote workers ? Remote workers will be able to apply to their own specific visa; Visa for job search ? Citizens looking for jobs in Portugal but without any contract signed yet will be able to enter Portugal in a Visa valid for 120 days, renewable for more 60 days; Visa for citizens of the Portuguese Language Community ? Special conditions for citizens of this community were created which will, along other particularities, waive SEF?s preliminary decision. For more information please contact us at jcg@ccsllegal.com [Photo by: Armanda Bartel, available at unsplash.com] --- ## CCSL Advogados finalist in Forty under 40 Awards in M&A and Litigation URL: https://ccsllegal.com/2022/07/21/ccsl-advogados-finalist-in-forty-under-40-awards-in-ma-and-litigation/ CCSL Advogados finalist in Forty under 40 Awards in M&A and Litigation CCSL Advogados M&A and Litigation teams are among the finalists of Iberian Lawyer Forty under 40 Awards, 2022 edition. Individually, Mafalda Almeida Carvalho, head of Corporate and Finance is a finalist for Lawyer of the year M&A and Hugo Baptista Falcão, head of the Litigation, is finalist in the category Lawyer of the year Litigation. Forty Under 40 Awards are annual awards promoted by Iberian Lawyer, recognizing the 40 best lawyers and teams under 40 of the Iberian Peninsula. You can see the full list HERE. --- ## CCSL Advogados advises Alpac Capital in Euronews acquisition URL: https://ccsllegal.com/2022/07/08/ccsl-advogados-advises-alpac-capital-in-euronews-acquisition/ CCSL Advogados advises Alpac Capital in Euronews acquisition A venture capital fund managed by Alpac Capital, a venture capital company based in Portugal, concluded its acquisition of a majority stake in the company that owns the international news channel Euronews. CCSL Advogados assisted Alpac Capital in the process related with the acquisition of a majority shareholding in Euronews, including the review and negotiation of the SPA, as in the negotiation with the Fund?s investors. CCSL Advogados was also responsible for coordinating the legal teams from different jurisdictions that were advising Alpac Capital. The deal has been announced in December 2021 but was now concluded following the approval by the French Government. The value of the acquisition is confidential. The CCSL team was coordinated by partner Mafalda Almeida Carvalho, head of M&A practice, and had the collaboration of Francisco Burguete and Catarina Flor Ferreira. Iberian Lawyer article --- ## Extension of expiry date for visas and related documents URL: https://ccsllegal.com/2022/07/08/extension-of-expiry-date-for-visas-and-related-documents/ Extension of expiry date for visas and related documents The Portuguese government has decided to extend the expiry date of visas and documentation related to the stay in Portuguese territory making them valid until December 31st 2022. This decision follows previous similar decisions taken in the context of the pandemics and allows documents which expired after February 24th 2020 to be used until December 31st 2022. Click HERE to access the document. For more information please contact us at jcg@ccsllegal.com [Photo by: Global Residence Index, available at unsplash.com] --- ## Published practical tables of the Property Transfer Tax in force as of 28 June 2022 URL: https://ccsllegal.com/2022/07/01/published-practical-tables-of-the-property-transfer-tax-in-force-as-of-28-june-2022/ The Portuguese Tax Authorities published a circular in which the updated Property Transfer Tax practical tables were made available. Click Here to access the diploma. For more information please contact us at jcg@ccsllegal.com [Photo by: Yvonne Einerhand, available at unsplash.com] --- ## The return of disposable plastic bottles will continue to be possible for consumers until the end of the year URL: https://ccsllegal.com/2022/07/01/the-return-of-disposable-plastic-bottles-will-continue-to-be-possible-for-consumers-until-the-end-of-the-year/ Following the success of the consumer incentive system for the return of non-reusable plastic drinks, a new extension for this pilot project was determined (through Ordinance no. 166/2022, of 29 June), establishing its continuity until 31 December 2022. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Steve Johnson, available at unsplash.com] --- ## SEF online platform resumes acceptance of new Golden Visa applications URL: https://ccsllegal.com/2022/06/14/sef-online-platform-resumes-acceptance-of-new-golden-visa-applications/ SEF online platform resumes acceptance of new Golden Visa applications After more than 6 months suspended, it is now again possible to submit new Golden Visa applications in Portugal?s Borders and Immigration Service portal (SEF). Portuguese lawyers and advisers had been unable to submit new applications for property and fund investments since the 31st of December 2021, as the online Portal where the Golden Visa process is started, had not been updated in accordance with the new legislation in force since the beginning of 2022, which increased the minimum amount for this type of investments. This deadlock has now come to an end as the portal is again accepting new submissions, a sign that after a halt in the program, the Portuguese Golden Visa should now return to function normally as it did before. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Opollo Photography, available at unsplash.com] --- ## CCSL Advogados is finalist of the Iberian Lawyer Energy Awards 2022 in five categories URL: https://ccsllegal.com/2022/05/25/ccsl-advogados-is-finalist-of-the-iberian-lawyer-energy-awards-2022-in-five-categories/ CCSL Advogados is finalist of the Iberian Lawyer Energy Awards 2022 in five categories CCSL Advogados is finalist in the Iberian Lawyer Energy Awards in the following areas: Law firm of the year M&A Law firm of the year Renewables Law firm of the year Finance Law firm of the year Litigation Law firm of the year Energy Tax CCSL partners are also finalists in Energy Awards, as individuals, in the relevant area of practice. Mafalda de Almeida Carvalho, head of Corporate and Finance practice is finalist in three categories: Lawyer of the year Finance, Lawyer of the year M&A and Lawyer of the year Renewables. José Calejo Guerra, head of Tax practice is finalist in the category of Professional of the year Energy Tax and Hugo Baptista Falcão, head of the Litigation, is finalist in the category of Lawyer of the year Litigation. You can see the full list HERE. --- ## Exceptional measures: price revision in public contracts URL: https://ccsllegal.com/2022/05/20/exceptional-measures-price-revision-in-public-contracts/ Exceptional measures: price revision in public contracts Decree-Law 36/2022, of 20 May, which was published in the Official Journal, establishes an exceptional and temporary regime for price increases impacting on public contracts. The adoption of this regime is motivated by the exceptional situation in the supply chains and the migratory circumstances resulting from the COVID-19 disease pandemic, the global energy crisis and the effects of the war in Ukraine which resulted in abrupt increases in the prices of commodities, materials and labour, particularly in the construction sector. This decree-law, which will remain in force until 31 December 2022, will apply to public contracts under execution or to be concluded, and to public contract procedures initiated or to be initiated, and provides for an extraordinary price revision mechanism and the possibility of extending deadlines in public works contracts. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Mari Helin, available at unsplash.com] --- ## CCSL Advogados is a finalist in two categories in the Women In Business Law Awards 2022 URL: https://ccsllegal.com/2022/05/19/ccsl-advogados-was-shortlisted-in-two-categories-in-the-women-in-business-law-directory-awards-2022/ CCSL Advogados is a finalist in two categories in the Women In Business Law Awards 2022 CCSL Advogados is among the finalists for the prestigious Women in Business Law awards in the categories ?Portugal Firm of the Year? and ?Career Development Programme ? National Firm?. These Europe-wide awards recognize law firms that develop the most innovative initiatives to promote diversity and inclusion. The winners will be announced on June 23, in a virtual ceremony. Check all the nominations HERE.   --- ## CCSL Advogados reforça a área de Private Clients e Imigração com a integração de André Reis de Pinho URL: https://ccsllegal.com/2022/05/18/ccsl-advogados-reforca-a-area-de-private-clients-e-imigracao-com-a-integracao-de-andre-reis-de-pinho/ CCSL Advogados reforça a área de Private Clients e Imigração com a integração de André Reis de Pinho André Reis de Pinho é o mais recente reforço da CCSL Advogados, que atuando preferencialmente em matérias fiscais e de imigração. O André começou a sua carreira profissional como consultor na Deloitte, transitando para a EDGE International Lawyers, onde se focou na assessoria a residentes não habituais e high net worth individuals. Posteriormente integrou a Legalsquare, onde era responsável pelo apoio aos private clients, com foco em cidadãos de países terceiros. Para José Calejo Guerra, managing partner e responsável pela área de Private Clients, ?a integração do André, com experiência nas áreas de Fiscal e de Imigração, resulta na combinação ideal, que temos vindo a procurar no mercado há algum tempo, e que entendemos ser a adequada para dar a melhor resposta às necessidades dos Private Clients, como os high net worth individuals, residentes não habituais e outros investidores estrangeiros que pretendem ter residência em Portugal. A aposta na consolidação desta área de prática insere-se na política de crescimento sustentado do escritório e deriva do consistente e crescente interesse pelo nosso país por parte de investidores estrangeiros, aliado à crescente diversificação das necessidades dos nossos clientes?. Artigo Iberian Lawyer Artigo Advocatus Artigo Human Resources Artigo Expresso --- ## CJEU finds that the controversial Article 17 of the Digital Single Market Directive (formerly Article 13) is compatible with freedom of expression – but seems to close the door to indiscriminate use of upload filters by content platforms URL: https://ccsllegal.com/2022/05/02/cjeu-finds-that-the-controversial-article-17-of-the-digital-single-market-directive-formerly-article-13-is-compatible-with-freedom-of-expression-but-seems-to-close-the-door-to-indiscriminate-use-o/ CJEU finds that the controversial Article 17 of the Digital Single Market Directive (formerly Article 13) is compatible with freedom of expression ? but seems to close the door to indiscriminate use of upload filters by content platforms In a judgment of 26 of April the European Court of Justice dismissed an action brought by Poland against Article 17 of the directive on copyright and related rights in the Digital Single Market (the ?Directive?). The Republic of Poland had requested the annulment of Article 17 of Directive 2019/790 on grounds that it would impose a de facto obligation on Web 2.0 service providers (such as Youtube or Facebook) to use upload filters, which would be fundamentally incompatible with the freedom of expression and information guaranteed in the Charter of Fundamental Rights of the European Union (the ?Charter?). The Court has found that Article 17 includes necessary safeguards to ensure that that it is compatible with the freedom of expression and information, but has also stated that certain filtering systems that do not distinguish between unlawful content and lawful content, with the result that its introduction could lead to the blocking of lawful communications, would be incompatible with the right to freedom of expression and information, and that Member States, when transposing Article 17 of the Directive, must act on the basis of an interpretation of that provision which allows a fair balance to be struck between the various fundamental rights protected by the Charter. Click HERE to access the judgement. For further information, please contact us at fbu@ccsllegal.com [Photo by: Kane Reinholdtsen, available at unsplash.com]   --- ## Supreme Court ruling on Local Accommodation URL: https://ccsllegal.com/2022/04/22/supreme-court-ruling-on-local-accommodation/ Supreme Court ruling on Local Accommodation A recent ruling from the Supreme Court establishes that in buildings subject to the horizontal property regime, when the title mentions that a certain unit is for housing purposes, it is not possible to operate in such unit a local accommodation establishment. Expresso news article Público news article For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Patrick Perkins, available at unsplash.com]   --- ## Networks for self-consumption – ERSE approves general conditions URL: https://ccsllegal.com/2022/04/14/networks-for-self-consumption-erse-approves-general-conditions/ Networks for self-consumption ? ERSE approves general conditions The Energy Services Regulatory Authority (ERSE) announced today that it has approved the general conditions of the contracts of use of networks for self-consumption through the public network (RESP), which establishes the rights and obligations of the self-consumer before the network operator. Click HERE to access the Public Consultation documents. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Jonathan Borba, available at unsplash.com] --- ## Government delivers and presents the draft for the 2022 State Budget URL: https://ccsllegal.com/2022/04/13/government-delivers-and-presents-the-draft-for-the-2022-state-budget/ Government delivers and presents the draft for the 2022 State Budget The Government has today delivered the draft for the 2022 State Budget (?OE2022?), which will now be discussed in the Parliament. Click HERE to access the OE2022. For more information please contact us at jcg@ccsllegal.com [Photo by: Manuel Costa, available at unsplash.com] --- ## The Legal 500 distinguishes CCSL Advogados in three areas of practice: Tax, Commercial, Corporate and M&A and Real Estate and Construction URL: https://ccsllegal.com/2022/04/12/the-legal-500-distinguishes-ccsl-advogados-in-three-areas-of-practice-tax-commercial-corporate-and-ma-and-real-estate-and-construction/ The Legal 500 distinguishes CCSL Advogados in three areas of practice: Tax, Commercial, Corporate and M&A and Real Estate and Construction CCSL Advogados was recommended by The Legal 500 in Tax, Commercial, Corporate and M&A and Real Estate and Construction, areas of practice leaded by partners José Calejo Guerra (Tax), Mafalda Almeida Carvalho (Commercial, Corporate and M&A) and João de Lemos Portugal (Real Estate and Construction). The Legal 500 is one of the most relevant ranking in the legal business, recognizing and distinguishing law firms in more than 150 jurisdictions. You can see more information of CCSL Advogados?s distinction HERE. --- ## Amendments to the Regime of Horizontal Property URL: https://ccsllegal.com/2022/04/11/amendments-to-the-regime-of-horizontal-property-2/ Amendments to the Regime of Horizontal Property The revision to the legal regime of horizontal property (Law 8/2022, of 10 January) has come into force on April 10, 2022, amending the Civil Code, the Decree-Law 268/94, of 25 October and the Notary?s Code. The amendment concerning the representation of the condominium in court by the respective administrator is the exception as it came into force on 11 January 2022. Click HERE to read about the main amendments to the above-mentioned diplomas. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: All Bong, available at unsplash.com]   --- ## The extraordinary measures implemented to mitigate the impact of the historic prices on energy markets have been extended URL: https://ccsllegal.com/2022/03/30/the-extraordinary-measures-implemented-to-mitigate-the-impact-of-the-historic-prices-on-energy-markets-have-been-extended/ The extraordinary measures implemented to mitigate the impact of the historic prices on energy markets have been extended On 28th March 2022, Directive no. 5/2022 from the Portuguese Regulatory Authority for the Energy Services (?ERSE?) was published, being established the extension of the applicability of the extraordinary measures implemented to mitigate the impact of the continued historic price peaks practiced in the Iberian wholesale electricity and gas market. Within the abovementioned Directive, the preventive supplementary supply measure was specifically extended until 30th June 2022, allowing final clients to be supplied by last resort suppliers in the event of impossibility of supply by the original suppliers. In a statement issued by ERSE, it is also stated that the measure that foresees the possibility of vulnerable suppliers acquiring energy in extraordinary auctions of renewable energy ? and therefore, with a greater level of price stability ? will also be maintained without a defined deadline and subject to certain amendments. Click HERE to access the abovementioned Directive and HERE to access the statement issued by the Portuguese Regulatory Authority for the Energy Services. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Matthew Henry, available at unsplash.com] --- ## Government approves incentives for the purchase of electric vehicles URL: https://ccsllegal.com/2022/03/23/government-approves-incentives-for-the-purchase-of-electric-vehicles/ Government approves incentives for the purchase of electric vehicles For the year of 2022, the Government approved an allocation of state funds in the amount of 10 million euros to support the acquisition of electric vehicles.  This new diploma (Order No. 3419-B/2022), has also extended the granting of funds to the acquisition of scooters, skates, skateboards, hoverboards and monowheel and to the acquisition of electric chargers in condominiums. Click HERE to access the diploma. For more information please contact us at jlp@ccsllegal.com [Photo by: Michael Fousert, available at unsplash.com] --- ## Municipal surtax rates applicable to corporate income tax for 2021 published URL: https://ccsllegal.com/2022/03/22/municipal-surtax-rates-applicable-to-corporate-income-tax-for-2021-published/ Municipal surtax rates applicable to corporate income tax for 2021 published On 17 February 2022, the Portuguese Tax Authorities published a circular in which the municipal surtax rates for each municipality were disclosed. The surtax is a municipal tax levied on the taxable income of corporate income taxpayers. This tax is levied by the Portuguese Tax Authorities and transferred to the Municipality in whose territory the income of the taxpayer was generated. Click HERE to access the diploma. For more information please contact us at jcg@ccsllegal.com [Photo by: Kelly Sikkema, available at unsplash.com] --- ## Portuguese Nationality Law amended URL: https://ccsllegal.com/2022/03/18/portuguese-nationality-law-amended/ Portuguese Nationality Law amended Amendments were introduced to the Portuguese Nationality Law, namely regarding the attribution of original nationality to individuals born in Portuguese territory, children of foreigners, acquisition of nationality by adoption, acquisition of nationality by naturalization (in this context regarding the general requirements for the naturalization of minors, the new naturalization regime for minors taken in institutions, the naturalization of foreigners born in Portugal and the new naturalization regime for ascendants of original Portuguese citizens), the alteration of the regime of opposition to the acquisition of nationality, and the new regimes of nullity and consolidation of nationality. Amendments were also introduced to the conduct of nationality procedures, now providing for a more comprehensive electronic processing regime and the waiving of translation of documents in certain situations. As regards, in particular, the electronic processing of nationality procedures, it is provided that lawyers and solicitors must carry out the acts in question by electronic means, while it is optional for applicants who are not represented by these professionals to also use electronic means. Communications between the Central Registry Office and other services or entities will also be carried out, whenever possible, by electronic means. Click HERE to access the diploma. For more information please contact us at jlp@ccsllegal.com [Photo by: Kyle Glenn, available at unsplash.com] --- ## João de Lemos Portugal, Partner of CCSL Advogados responsible for the public law and regulatory practice, participates in an Iberian Lawyer opinion article on the legalisation of cannabis for recreational use URL: https://ccsllegal.com/2022/03/09/joao-de-lemos-portugal-partner-of-ccsl-advogados-responsible-for-the-public-law-and-regulatory-practice-participates-in-an-iberian-lawyer-opinion-article-on-the-legalisation-of-cannabis-for-recreati/ João de Lemos Portugal, Partner of CCSL Advogados responsible for the public law and regulatory practice, participates in an Iberian Lawyer opinion article on the legalisation of cannabis for recreational use. Click HERE to access the article. Click HERE to see full magazine. --- ## Communication of real estate transactions to IMPIC URL: https://ccsllegal.com/2022/02/28/communication-of-real-estate-transactions-to-impic/ The deadline for reporting real estate transactions to IMPIC under the Anti-Money Laundering and Counter-Terrorism Financing Law, for the third quarter of 2021, has been extended to March 31, 2022, coinciding with the deadline for reporting transactions for the fourth quarter of 2021. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Maria Ziegler, available at unsplash.com] --- ## CCSL Advogados was recognized in the INTL Corporate Global Awards 2022 URL: https://ccsllegal.com/2022/02/28/ccsl-advogados-was-recognized-by-intl-corporate-global-awards-2022/ CCSL Advogados was recognized in the INTL Corporate Global Awards 2022 CCSL Advogados was recognized in the 2022 edition of the INTL Corporate Global Awards as: ? Boutique Tax Law Firm of the Year in Portugal; ? Tax Law Firm of the Year in Portugal; ? Public & Regulatory Law Firm of the Year in Portugal; ? Real Estate Law Firm of the Year in Portugal. --- ## The Portuguese government approves the regime of the Mission Structure responsible for the Expansion of the Simplified Cadastral Information System URL: https://ccsllegal.com/2022/02/02/the-portuguese-government-approves-the-regime-of-the-mission-structure-responsible-for-the-expansion-of-the-simplified-cadastral-information-system/ The Portuguese government approves the regime of the Mission Structure responsible for the Expansion of the Simplified Cadastral Information System In 2017, the simplified cadastral information system was created, which aimed to identify the land ownership structure of rural and mixed properties and created the Single Property Desk (Balcão Único do Prédio ? BUPi). In this context, the operation and funding scheme of the Mission Structure responsible for the expansion of the simplified cadastral information system has now been approved by Ordinance No. 68/2022 of February 2, 2022. Click HERE to access the diploma. For further information, please contact us at jlp@ccsllegal.com [Photo by: Jezael Melgoza, available at unsplash.com] --- ## The regime of the securities market?s supervision fees was amended URL: https://ccsllegal.com/2022/01/31/the-regime-of-the-securities-markets-supervision-fees-was-amended/ The regime of the securities market?s supervision fees was amended Portaria no. 60/2022 was published today and, by introducing the fifth amendment to Portaria no. 913-I/2003 from 30th August, it will adapt the regime of the fees for continuous supervision payable to the Securities and Exchange Commission (?CMVM?) to the new Investment Companies Regime, which was approved by Decree-Law no. 109-H/2021, from 10th December. Click HERE to access the diploma. For more information, please contact us via e-mail mac@ccsllegal.com [Photo by: Alexander Andrews, available at unsplash.com] --- ## Portuguese Tax and Customs Authority publishes municipal surtax rates for 2021  URL: https://ccsllegal.com/2022/01/28/portuguese-tax-and-customs-authority-publishes-municipal-surtax-rates-for-2021/ Portuguese Tax and Customs Authority publishes municipal surtax rates for 2021  The Portuguese Tax and Customs Authority has published a circular (Oficio-Circulado no. 20237) in which the municipal surtax rates to be applied on the corporate income tax (CIT) for 2021 were made available.  Click HERE to access the diploma.  For more information, please contact us via e-mail jcg@ccsllegal.com  [Photo by: Glenn Carstens Peters, available at unsplash.com]   --- ## Procedures and conditions for the submission of applications for recognition as a technology and innovation centre published URL: https://ccsllegal.com/2022/01/24/procedures-and-conditions-for-the-submission-of-applications-for-recognition-as-a-technology-and-innovation-centre-published/ Procedures and conditions for the submission of applications for recognition as a technology and innovation centre published Decree-Law No. 126-B/2021, of 31 December, established the legal framework for technology and innovation centres (CTI), governing the accreditation process, the general principles of their activity, evaluation methods and the funding model. Following that, Ordinance No. 53/2022 was published today, setting out the procedures and conditions for the submission of applications for recognition as a CTI. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Christina Wocintechchat, available at unsplash.com] --- ## Supreme Administrative Court rules that nutrition services provided by gyms are not exempt from VAT URL: https://ccsllegal.com/2022/01/20/supreme-administrative-court-rules-that-nutrition-services-provided-by-gyms-are-not-exempt-from-vat/ Supreme Administrative Court rules that nutrition services provided by gyms are not exempt from VAT The Supreme Administrative Court has issued Judgement no. 1/2022 under which the case law regarding the application of the VAT exemption to nutrition services provided by gyms has been standardised. Under the terms of this decision, the Supreme Administrative Court, based on EU case-law, deemed as a decisive criterion for the application of the VAT exemption that nutrition services have a therapeutic purpose, meaning that these services must be intended to assist people, make diagnoses and treat illnesses or any health anomaly, thereby requiring that they are actually provided (and not merely made available). Accordingly, in the present case, considering that the nutrition services included in the gym membership package were invoiced regardless of whether the customer requested or needed them, they could not be VAT exempt and VAT should be assessed at the standard rate. Conversely, the Court considered that ?loose? nutrition consultations, which are charged directly to the customer, meet the requirements for the application of the VAT exemption. Following these grounds, the Supreme Administrative Court ruled that the nutrition services provided by gyms through a certified professional, as a complementary way of providing their customers with a better physical performance and maximising the benefits pursued with the sports activity, are not exempt from VAT under the terms of Article 9 (1) of the VAT Code for failure to comply with the requirement relating to the therapeutic purpose. Click HERE to access the diploma. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Vitalii Pavlyshynets, available at unsplash.com] --- ## The diploma that implements the measure Compromisso Emprego Sustentável was published URL: https://ccsllegal.com/2022/01/17/the-diploma-that-implements-the-measure-compromisso-emprego-sustentavel-was-published/ The diploma that implements the measure Compromisso Emprego Sustentável was published Portaria no. 38/2022, which creates and regulates the measure Compromisso Emprego Sustentável, was published today. This measure was designed within the scope of the reforms to be implemented under the Recovery and Resilience Plan (Plano de Recuperação e Resiliência) and aims to encourage the creation of stable employment, the establishment of adequate salary levels, and simultaneously, address the need to promote youth employment. Of an exceptional and transitory nature, this measure consists in a combination of financial aids for hiring as well as for the payment of social security contributions, also foreseen a range of aid-increases when in question is the hiring of individuals up to 35 years old, people with disabilities or people of the under-represented sex in the profession, jobs located in interior territories, or the granting of employment contracts with a base remuneration equal to or higher than two times the national minimum wage. Click HERE to access the diploma. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Jason Goodman, available at unsplash.com] --- ## Organization and operation of the National Electric System URL: https://ccsllegal.com/2022/01/14/organization-and-operation-of-the-national-electric-system/ Organization and operation of the National Electric System Decree-Law 15/2022, of 14 January, which establishes the organization and operation of the National Electric System, was published on the Official Journal. This diploma also transposes Directive (EU) 2019/944 of the European Parliament and of the Council, of 5 June 2019, on common rules for the internal market for electricity, and, partially, Directive (EU) 2018/2001 of the European Parliament and of the Council, of 11 December 2018, on the promotion of the use of energy from renewable sources. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Nuno Marques, available at unsplash.com] --- ## Measures to Support and Expedite the Special Revitalization Proceedings and Payment Arrangements URL: https://ccsllegal.com/2022/01/13/measures-to-support-and-expedite-the-special-revitalization-proceedings-and-payment-arrangements/ Measures to Support and Expedite the Special Revitalization Proceedings and Payment Arrangements Law No. 9/2022, of 11 January, which establishes measures to support and expedite the Special Revitalization Proceedings and payment arrangements, transposing Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019, and amending the Insolvency and Corporate Recovery Code, the Portuguese Companies Code, the Commercial Registration Code and related legislation, was published on the Official Journal. Law No. 9/2022, of 11 January, enters into force 90 days after its publication. However, the legislator provided, under the transitional regime, that the Law is immediately applicable to proceedings pending on the date of its entry into force, except for the provisions of Articles 17-C to 17-F, 17-I and 18 of the Insolvency and Corporate Recovery Code, as amended by the law now published, which are only applicable to Special Revitalisation Proceedings initiated after the entry into force of Law 9/2022. Click HERE to access the diploma. For more information, please contact us via e-mail hbf@ccsllegal.com [Photo by: Towfiqu Barbhuiya, available at unsplash.com] --- ## Amendments to the Regime of Horizontal Property URL: https://ccsllegal.com/2022/01/13/amendments-to-the-regime-of-horizontal-property/ Amendments to the Regime of Horizontal Property The legal regime of horizontal property has been reviewed through Law 8/2022, of 10 January, amending the Civil Code, the Decree-Law 268/94, of 25 October and the Notary?s Code. The main alterations to the above-mentioned diplomas are listed below. 1. Civil Code: a. Possibility to judicially suppress the lack of agreement regarding the alteration of the constitutive title in relation to common areas; b. It is expressly established that the responsibility for the maintenance and fruition expenses belongs to the owners at the time of the respective resolutions. c. It is foreseen that the expenses related to the common areas that serve, exclusively, one of the owners will be under the responsibility of those who use them. d. Article 1424-A is added to the Civil Code and article 54 of the Notary?s Code is amended, regarding, respectively, the responsibility for the condominium?s expenses and the obligation to present, in the instruments of transfer of real estate, a declaration relating to those expenses. e. The concept of ?indispensable and urgent repairs? is clarified. The Civil Code already provided that such repairs could ?be carried out, in the absence or impediment of the administrator, at the initiative of any owner?. Under the new law: ?Indispensable and urgent repairs are those necessary to eliminate, in a short period of time, existing defects or pathologies in the common parts that may, at any time, cause or aggravate damage to the building or group of buildings and to property, and or put at risk the safety of persons.? f. Regarding the condominium assembly: i. Provision is made for the possibility of holding, exceptionally, the meeting for discussion and approval of the accounts and budget in the first quarter of each year, if this possibility is included in the condominium?s regulations or results from a resolution, approved by a majority of the condominium?s general assembly; ii. The notification to convene the assembly can be made by electronic mail (for the owners who express their permission at a previous meeting, and such permission shall be recorded in the minutes with the indication of the e-mail addresses), and the owner should send the receipt of the e-mail by the same means; iii. It is expressly foreseen that, in case of non-attendance of the number of owners required to deliberate on the first notice to convene, ?if the conditions are met to ensure the presence, on the same day, of the owners representing a quarter of the total value of the building, the notice to convene can be made to thirty minutes later, at the same place?. g. The duties of the condominium administrator are strengthened to include the following: i. To verify the existence of the common reserve fund; ii. To demand from the owners their contributions to the approved expenses, including interest and penalties iii. To carry out the resolutions of the assembly that are not challenged within 15 working days, or within the time limit set for this purpose; iv. To inform the owners in writing whenever the condominium is notified of any legal, arbitration, injunctive, administrative or disciplinary proceedings ? and inform them at least every six months about the development of the proceedings; v. Issue the declaration of the owner?s outstanding debts within a maximum deadline of 10 days, if requested by the owner, namely for the purpose of transfer of the property; vi. Provide at least three budgets when the resolution of the assembly is related to extraordinary or innovative maintenance works. h. The civil liability of the administrator in relation to its obligations is expressly provided for, even in the case of omission. i. Clarification that the condominium is always represented in court by its administrator, who must submit court claims and be receive court claims on its behalf. 2. Decree-Law no. 268/94, of 25 October (Horizontal Property Regime) a. It is established that the effectiveness of the resolutions of the assembly depends on the approval of the minutes, regardless of the signature of the owners. b. Provision is made for the possibility of a qualified electronic signature or handwritten signature on the original document or on a scanned document containing other signatures. c. It is established that the owners? assembly can be held by means of a remote communication system (preferably by videoconference), at the discretion of the building administrator or at the request of the majority of the owners. However, if an owner is not able to attend the meeting by means of a remote communication system and has informed the administration of the building of its inability to do so, it is up to the administration to provide the necessary means, otherwise the meeting cannot be held by a remote communication system. d. In case of transfer of property, it is stipulated that the new owner?s identification data (full name and VAT number) must be communicated to the administration of the condominium by registered post within 15 days after the transfer of property, and the previous owner is responsible for the expenses incurred for the identification of the new owner and the costs incurred for the late payment of the expenses that become due after the transfer of property in case of failure to communicate the new owner. e. There is an obligation to pay an extraordinary contribution to replace, within 12 months, the amount of the reserve fund that is used, by resolution of the assembly, for purposes other than maintenance expenses. f. It is expressly provided that the enforcement title (the minutes of the owners? meeting which determine the annual amount of contributions to be paid by each owner and the due date of the obligations) will cover not only the outstanding principal, but also the interest for late payment and the penalties (if approved by the meeting or provided in the building regulations). g. It is clarified that the administrator must initiate the judicial actions for the collection of the amounts owed by the owners within a maximum period of 90 days from the first failure to pay, unless otherwise decided by the assembly of owners and provided that the amount owed is equal to or greater than the amount of the Social Support Index of the respective calendar year. The Decree-law will come into force 90 days after its publication, that is, on 10 April 2022, with the exception of the amendment concerning the representation of the condominium in court by the respective administrator, whose amendment came into force on 11 January 2022. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Simone Hutsch, available at unsplash.com] --- ## Legislative amendment to ensure greater efficiency of existing hydro-agricultural facilities URL: https://ccsllegal.com/2022/01/12/legislative-amendment-to-ensure-greater-efficiency-of-existing-hydro-agricultural-facilities/ Legislative amendment to ensure greater efficiency of existing hydro-agricultural facilities To ensure greater efficiency in the operation and management of existing hydro-agricultural facilities, the Government amended Annex I ? relating to the eligibility of expenses ? of Order 201/2015, of 10 July, on the implementing regime of operation 3.4.2, ?Improving the efficiency of existing irrigated areas?. The diploma amending the regime was published on the Official Journal as Order 2929/2022, of 10 January. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Erwan Hesry, available at unsplash.com] --- ## Government approves Regime of Equity Loans URL: https://ccsllegal.com/2022/01/12/government-approves-regime-of-equity-loans/ Government approves Regime of Equity Loans The legal regime for equity loans was published on the official journal through Decree-Law no. 11/2022 of 12 January. Under the terms of the diploma, this regime aims to introduce an innovative legal figure in the Portuguese legal system, by establishing that the remuneration of the credit will correspond to a participation in the results of the borrower and by attributing to the borrower the right to convert credits or debt securities into capital, subject to certain conditions being met. Click HERE to access the diploma. For more information, please contact us via e-mail mac@ccsllegal.com [Photo by: Steve Johnson, available at unsplash.com] --- ## Amendment to the criteria for the definition of taxpayers to be monitored by the Large Taxpayers Unit of the Portuguese Tax and Customs Authority published URL: https://ccsllegal.com/2022/01/12/amendment-to-the-criteria-for-the-definition-of-taxpayers-to-be-monitored-by-the-large-taxpayers-unit-of-the-portuguese-tax-and-customs-authority-published/ Amendment to the criteria for the definition of taxpayers to be monitored by the Large Taxpayers Unit of the Portuguese Tax and Customs Authority published Ordinance no. 318/2021 was published on 24 December, amending the criteria for the definition of taxpayers whose tax situation must be monitored by the Large Taxpayers Unit (revoking Ordinance no. 130/2016, of 10 May). On 11 January 2022 a statement of amendment to that diploma was published whereby the criterion referred to in Article 2 a) v) must now be considered with the following wording: ?v) With a turnover, or a total amount of income, in the case of Holding Companies, incorporated under Decree-Law no. 495/88, of 30 December, exceeding: 1) 200 million euros; or 2) 100 million euros, in the case of an entity covered by no. 4 of article 121-A of the IRC Code;? Click HERE to access the diploma. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Beatriz Perez Moya, available at unsplash.com] --- ## Simplification of requirements for PIT, CIT and VAT instalment payments URL: https://ccsllegal.com/2022/01/12/simplification-of-requirements-for-pit-cit-and-vat-instalment-payments/ Simplification of requirements for PIT, CIT and VAT instalment payments Decree-Law 125/2021, of 30 December, established exceptional schemes of payment in instalments for 2022 allowing for the payment in three or six monthly instalments, of a value equal to or greater than EUR 25.00, without interest or penalties, of the amounts due in respect of VAT and PIT and CIT tax withholdings for the first half of 2022. Aiming to adapt this payment flexibility regime to the changing economic situation, the Assistant Secretary of State and Tax Affairs issued an order stating that it is no longer necessary for taxpayers to comply with the requirement relating to the decrease in turnover reported through the E-Fatura of at least 10% of the monthly average of the full calendar year 2021 compared to the monthly average of the previous year. As a result of this, both natural and legal persons may access this payment flexibility scheme provided that they have: i. Obtained in 2020 a turnover up to the ceiling of the qualification as micro, small and medium-sized enterprise (EUR 2M, EUR 10M and EUR 50M, respectively); or ii. Their main activity registered under the economic activity classification of accommodation, restaurants and similar, or culture; or iii. Started or restarted the activity on or after 1 January 2021. Click HERE to access the document. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Eric Rothermel, available at unsplash.com]   --- ## Government approves Regulation for the Operation of the Integrated System for the Electronic Registration of Waste URL: https://ccsllegal.com/2022/01/06/government-approves-regulation-for-the-operation-of-the-integrated-system-for-the-electronic-registration-of-waste/ Government approves Regulation for the Operation of the Integrated System for the Electronic Registration of Waste Following the legal amendments introduced by Decree-Law no. 102-D/2020 of 10 December, which approved the new Waste Management General Regime, Ordinance 20/2022 of 5 January was published establishing the new Regulation for the Operation of the Integrated System for the Electronic Registration of Waste. As a reaction to the evolution of computer systems and electronic recording of data, this diploma updates and adapts the rules in force regarding the recording, submission and storage of data on the production and management of waste, to products placed on the market covered by legislation on specific waste flows, to waste covered by the declassification regimes, as well as regarding the transmission and consultation of information. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Radowan Nakif Rehan, available at unsplash.com] --- ## Taxpayers may request the offsetting of their tax debts against tax credits they have against the Portuguese Tax and Customs Authority URL: https://ccsllegal.com/2022/01/06/taxpayers-may-request-the-offsetting-of-their-tax-debts-against-tax-credits-they-have-against-the-portuguese-tax-and-customs-authority/ Taxpayers may request the offsetting of their tax debts against tax credits they have against the Portuguese Tax and Customs Authority On 04 January 2022, Law No. 3/2022 was published, which set out the regime for the extinction of tax debts through offsetting against tax credits at the taxpayer?s request in relation to the following taxes: Personal Income Tax; Corporate Income Tax; Value Added Tax; Excise Duty; Municipal Property Tax; Additional to the Municipal Property Tax; Municipal Property Transfer Tax; Stamp Duty; Single Road Tax; and Motor Vehicle Tax. Pursuant to this regime, the taxpayer may request the payment of its tax debts by offsetting them against tax credits from the moment the tax is assessed up to the end of the tax enforcement procedure. To this end, the taxpayer must submit a request to the head of the Portuguese Tax and Customs Authority (Autoridade Tributária e Aduaneira) through the Portal das Finanças, specifying the credits and debts that are subject to offsetting. Once the request for offsetting is submitted, the Portuguese Tax and Customs Authority must issue a decision within 10 days. Should there be no decision within the deadline, the request will be tacitly granted. This regime will come into force on 01 July 2022. Click HERE to access the diploma. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Leon Dewiwje, available at unsplash.com] --- ## Amendments to the licensing regime for cannabis plant related activities published URL: https://ccsllegal.com/2022/01/06/amendments-to-the-licensing-regime-for-cannabis-plant-related-activities-published/ Amendments to the licensing regime for cannabis plant related activities published On 5th January 2022, Ordinance no. 14/2022 was published, setting out the requirements for applications and procedures for authorisations to carry out activities related to the culture, manufacture, wholesale trade, transport, circulation, import and export of medicines, preparations and substances derived from the cannabis plant. This diploma amends Ordinance no. 83/2021, of 15 April, as follows: Clarifies the scope of the culture of the cannabis plant for industrial purposes, setting it apart from the procedures to be followed for the culture of this plant species for other purposes, namely medicinal; Details the procedures and technical requirements applicable to the culture of cannabis for industrial purposes, with the aim that cultivation is conducted in the best agronomic conditions; Precises some of the licensing requirements foreseen within the scope of the authorisation process for activities related to cannabis for medicinal purposes. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Paul Einerhand, available at unsplash.com] --- ## Pilot project implemented in the context of the consumer incentive system for the return of non-reusable plastic drinks will continue until 30 June 2022 URL: https://ccsllegal.com/2022/01/04/pilot-project-implemented-in-the-context-of-the-consumer-incentive-system-for-the-return-of-non-reusable-plastic-drinks-will-continue-until-30-june-2022/ Pilot project implemented in the context of the consumer incentive system for the return of non-reusable plastic drinks will continue until 30 June 2022 The pilot project which was implemented in the context of the consumer incentive system for the return of non-reusable plastic drinks was established by Ordinance no. 202/2019, of 19 July, which set its operation until 30 June 2021. Following the success of the implemented pilot project, Ordinance no. 10/2022 amends the above-mentioned diploma and establishes the continuity of the pilot project until 30 June 2022. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Marc Newberry, available at unsplash.com] --- ## Government regulates conditions of publicity of working hours and the method of recording the respective working times in the transport sector URL: https://ccsllegal.com/2022/01/04/government-regulates-conditions-of-publicity-of-working-hours-and-the-method-of-recording-the-respective-working-times-in-the-transport-sector/ Government regulates conditions of publicity of working hours and the method of recording the respective working times in the transport sector On January 4, 2022, Ordinance no. 7/2022 was published, bringing together in a single piece of legislation the regulatory requirements concerning the conditions of working hours and the form of recording working time in relation to: Workers engaged in the operation of motor vehicles; Mobile workers in road transport activity not subject to the recording equipment; Self-employed driver in mobile road transport not subject to recording equipment; Drivers engaged in transport activity in an uncharacterised vehicle from an electronic platform (TVDE). Pursuant to this law, the contents and moments in which working hours are published and in which working times are recorded are clarified and a range of options is made available to the employer in the choice of the devices that best adapt to his business model and to his fleet. To this end, this diploma provides for the possibility of using digital devices, thus eliminating the existence of the individual physical control booklet and the consequent administrative requirement of authentication by the Authority for Working Conditions. Click HERE to access the diploma. [Photo by: Alex Kotliarskyi, available at unsplash.com] --- ## New rules allowing certain certification acts via videoconference URL: https://ccsllegal.com/2021/12/30/new-rules-allowing-certain-certification-acts-via-videoconference/ New rules allowing certain certification acts via videoconference The temporary legal regime applicable to the execution of certified acts, authentication of documents and certification of signatures through videoconference before officers of the Registry Offices, notaries, consular agents, lawyers, and solicitors, was published on 30th of December (through Decree-Law no. 126/2021). The diploma establishes that the Ministry of Justice will provide an online platform to support the execution of the acts, through which access is provided, via the user?s restricted area, to the videoconference sessions, accessible at https://justica.gov.pt. Access to the user?s restricted area depends on the authentication of the user, which is done through the Citizen Card or through the mobile digital key. The videoconference sessions are recorded and kept for a period of 20 years and may become available to the parties involved by court order. Except for wills and certain acts that respect to facts subject to registration within the Land Registry Office, all the acts within the competence of notaries, Portuguese consular agents, lawyers, and solicitors are included in the scope of this regime (e.g. deeds or authentications of documents such as purchase and sale agreements, constitution of usufruct, constitution of mortgages, donations, constitution of horizontal property, division of common property and certification of signatures). The acts that can be executed by officers of the Registry Offices that fall under this new regime are limited to the special procedure of transmission, encumbrance and immediate registration of buildings in a single service (called ?Casa Pronta?), the procedure of separation or divorce by mutual consent and the procedure of certification of heirs with or without registration. In the case of acts to be performed by officers of the Registry Offices, notaries, lawyers or solicitors, this Decree-law only covers the execution of acts on national territory. As for the Portuguese consular agents, the scope of this Decree-law, includes the execution of acts concerning Portuguese national who are abroad and also acts which must be effective in Portugal. Decree-law no. 126/2021 shall enter into force on 4th of April 2022 and shall remain in force for two years, at the end of which it will be subject to evaluation by the Government, which shall take into consideration the level of implementation, the scope of application, the technological model to support the execution of the acts and the respective financial sustainability, with a view to its possible definitive consolidation in the legal system. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com and mac@ccsllegal.com [Photo by: Harry Cunningham, available at unsplash.com] --- ## Government creates exceptional payment regimes for 2022 and amends the regime of payment in instalments of taxes in pre-enforcement and enforcement phases URL: https://ccsllegal.com/2021/12/30/government-creates-exceptional-payment-regimes-for-2022-and-amends-the-regime-of-payment-in-instalments-of-taxes-in-pre-enforcement-and-enforcement-phases/ Government creates exceptional payment regimes for 2022 and amends the regime of payment in instalments of taxes in pre-enforcement and enforcement phases Exceptional instalment payment regimes for 2022 The diploma creates two exceptional instalment payment regimes effective from 01/01/2022, aimed at mitigating the adverse effects of the pandemic context. On the one hand, the number of instalments in which tax debts under tax enforcement may be paid is extended from 36 to 60, regardless of their value, for all natural and legal persons with notorious financial difficulties. This applies both to tax enforcement proceedings to begin on 01/01/2022 and to tax enforcement proceedings that have been initiated previously and have ongoing instalment plans, provided that, in the latter case, the taxpayers request the corresponding restructuring by 31/01/2022. In addition, the diploma also provides for the payment in 3 or 6 monthly instalments of a value equal to or greater than EUR 25,00, without interest or penalties, of VAT and IRS and IRC withholdings for the first half of 2022. Both natural and legal persons may access this scheme provided that they have: i. Obtained in 2020 a turnover up to the ceiling of the qualification as micro, small and medium-sized enterprise (EUR 2M, EUR 10M and EUR 50M, respectively) and are cumulatively reporting and demonstrating a decrease in turnover reported through the E-Fatura of at least 10% of the monthly average of the full calendar year 2021 compared to the monthly average of the previous year; or ii. Their main activity registered under the economic activity classification of accommodation, restaurants and similar, or culture; or iii. Started or restarted the activity on or after 1 January 2021. Regime of payment in instalments of taxes in pre-enforcement phase This regime creates a pre-executive phase, that is, a moment between the end of the period in which the taxpayer may voluntarily comply with the obligation and the start of the tax enforcement procedure, in which the taxpayer has the possibility of paying the debt in instalments. The request must be presented within 15 days after the deadline for voluntary payment, and the payment of the debt may be requested up to 36 monthly instalments. The approval of payment by instalments will be subject to the provision of a suitable guarantee, which is waived in the case of i) debts of less than EUR 5.000 or EUR 10.000, depending on whether the taxpayer is a natural or legal person, respectively or ii) requests for payment in 12 or less instalments. This regime will come into force on 01/07/2022. Automatic payment plans for low-value debts The diploma also sets out automatic payment plans created by the Portuguese Tax and Customs Authority, up to a limit of 36 monthly instalments, in the case of debts equal to or less than EUR 5.000 and EUR 1.000, in the case of natural and legal persons, respectively. This regime will come into force on 01/07/2022 but will be applicable to debts overdue at an earlier date. Click HERE to access the document. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Christiann Koepke, available at unsplash.com] --- ## Criteria for the definition of taxpayers to be monitored by the Large Taxpayers Unit of the Portuguese Tax and Customs Authority have been published URL: https://ccsllegal.com/2021/12/27/criteria-for-the-definition-of-taxpayers-to-be-monitored-by-the-large-taxpayers-unit-of-the-portuguese-tax-and-customs-authority-have-been-published/ Criteria for the definition of taxpayers to be monitored by the Large Taxpayers Unit of the Portuguese Tax and Customs Authority have been published Ordinance no. 318/2021 was published on 24 December, amending the criteria for the definition of taxpayers whose tax situation must be monitored by the Large Taxpayers Unit (?LTU?) (revoking Ordinance no. 130/2016, of 10 May). Pursuant to this diploma, taxpayers whose tax situation must be monitored by the LTU are those who meet at least one of the following criteria: a) Entities: i) Under the supervision of the Bank of Portugal; ii) Under the supervision of the Insurance and Pension Funds Supervisory Authority, with the exception of those that carry out the activity of insurance distribution; iii) Which are collective investment undertakings under the supervision of the Portuguese Securities Market Commission; iv) Non-residents without a permanent establishment carrying out economic activity within the national territory subject to supervision by Banco de Portugal; v) With a turnover, or total income, in the case of Holding Companies exceeding ? EUR 1.200M; or ? EUR 2.100M, in the case of an entity covered by no. 4 of article 121-A of the Corporate Income Tax Code; b) With an overall value of taxes paid exceeding EUR 20M; c) Which have in force a prior agreement on transfer pricing entered into under the terms of article 138 of the Corporate Income Tax Code; d) Companies not covered by any of the previous sub-paragraphs that are considered relevant, considering, namely, their corporate relationship with the companies covered by those sub-paragraphs; e) Companies belonging to a group, covered by the special taxation regime for groups of companies, under the terms of article 69 of the Corporate Income Tax Code, in which any of the companies belonging to the group, dominant or dominated, are covered by the conditions defined in any of the previous sub-paragraphs; f) Individuals who have earned income exceeding EUR 750.000; g) Individuals who directly or indirectly own, or are the effective beneficiaries of, assets, including goods and rights, worth more than EUR 5M; h) Individuals with indications of wealth congruent with the income or assets referred to in paragraphs f) and g); i) Individuals, as well as companies and other entities, which, not being covered by any of the previous sub-paragraphs, are considered relevant, taking into account their legal or economic relationship with taxpayers covered by sub-paragraphs f), g) and h). In addition, the four-year period of validity of the register of these payers already provided by the previous ordinance has been maintained, with an automatic extension of this period being established whenever there are no reasons that justify an amendment. Lastly, this diploma also provides for the annual update and disclosure of the list of taxpayers monitored by the Large Taxpayers Unit (except in the case of individuals) on the Tax Portal. Click HERE to access the diploma. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Enrique Alarcon, available at unsplash.com] --- ## Portugal creates online branch regime URL: https://ccsllegal.com/2021/12/17/portugal-creates-online-branch-regime/ Portugal creates online branch regime Portugal created an online registration system for permanent representations of companies with registered offices abroad, in implementation of Directive (EU) 2019/1151, by means of Decree-Law 109-D/2021 published December 10. In addition, it is now required that appointees expressly accept their appointment as members of the board of directors positions and establishes the possibility for them to provide email addresses when applying for registration of facts relating to the company, so that they can be included in the register. Click HERE to access the diploma. For further information, please contact us at mac@ccsllegal.com [Photo by: Brooke Lark, available at unsplash.com] --- ## Procedure of certification of tax residence in foreign tax administrations? forms has been simplified URL: https://ccsllegal.com/2021/12/16/procedure-of-certification-of-tax-residence-in-foreign-tax-administrations-forms-has-been-simplified/ Procedure of certification of tax residence in foreign tax administrations? forms has been simplified Following a communication issued by the Portuguese Tax Authorities dated 14/12/2021, the procedure for certification of tax residence in foreign tax administrations? forms will be simplified as from 01/01/2022. Accordingly, as of that date, in order to expedite the procedure, prior certification of those forms by the Portuguese Tax Authorities will not be necessary for a tax residence certificate to be issued. Click HERE to access the document. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Stil, available at unsplash.com] --- ## A new Consumer Protection Directive was transposed URL: https://ccsllegal.com/2021/12/13/a-new-consumer-protection-directive-was-transposed/ A new Consumer Protection Directive was transposed Decree-Law no. 109-G/2021, which partially transposes Directive (EU) 2019/2161 on consumer protection, was published on December 10, 2021. This directive aims to strengthen consumer rights by introducing rules that contribute to greater transparency of online platforms, as well as strengthening the sanctioning framework applicable in case of violation of consumer rights. In light of this, amendments were made to the legal framework for general contractual clauses, to Decree-Law no. 138/90 of April 26, which regulates the indication of prices of goods intended for retail sale, to Decree-Law no. 70/2007 of March 26, which regulates commercial practices with price reductions in retail sales practiced in commercial establishments, to Decree-Law no. 57/2008 of March 26, which regulates commercial practices with price reductions in retail sales practiced in commercial establishments, to Decree-Law no. 24/2014, of February 14, on contracts concluded at a distance and outside commercial establishments, and to the Consumer Protection Act. Click HERE to access the diploma. For further information, please contact us at mac@ccsllegal.com [Photo by: Artem Beliakin, available at unsplash.com] --- ## Amendments to the regulations of Advance Pricing Agreements were published URL: https://ccsllegal.com/2021/11/26/amendments-to-the-regulations-of-advance-pricing-agreements-were-published/ Amendments to the regulations of Advance Pricing Agreements were published Portaria no. 267/2021 was published today, which riveses the regulations over the  procedures for the execution of Advance Pricing Agreements (?APA?) until then established in Portaria no. 620-A/2008, from July 16th. This abovementioned revision accompanies the amendments introduced in article 138.º of the Corporate Tax Code with regard to the maximum term of an APA, and clearly establishes the process and the stages of its execution. Click HERE to access the diploma. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo: Neonbrand, available at unsplash.com] --- ## CCSL Advogados among the best law firms in Portugal in Real Estate and Corporate Tax ? ranking Leaders League 2021-2022 URL: https://ccsllegal.com/2021/11/25/ccsl-advogados-among-the-best-law-firms-in-portugal-in-real-estate-and-corporate-tax-ranking-leaders-league-2021-2022/ CCSL Advogados among the best law firms in Portugal in Real Estate and Corporate Tax ? ranking Leaders League 2021-2022 CCSL Advogados was recognized as one of the best law firms in Portugal in Real Estate and Corporate Tax by the prestigious directory Leaders League, edition 2021-2022. Partners João de Lemos Portugal, head of the Real Estate practice and José Calejo Guerra, head of Tax practice, are highlighted in the relevant areas, in the categories Highly Recommended and Recommended. The international directory bases the results of its rankings on questionnaires to clients, external entities and their peers ? lawyers ? in each jurisdiction.       You may find the full article HERE --- ## Partners of CCSL Advogados José Calejo Guerra, João de Lemos Portugal e Mafalda de Almeida Carvalho distinguished by The Best Lawyers, in the 2022 edition URL: https://ccsllegal.com/2021/11/18/partners-of-ccsl-advogados-jose-calejo-guerra-joao-de-lemos-portugal-e-mafalda-de-almeida-carvalho-distinguished-by-the-best-lawyers-in-the-2022-edition/ Partners of CCSL Advogados José Calejo Guerra, João de Lemos Portugal e Mafalda de Almeida Carvalho distinguished by The Best Lawyers, in the 2022 edition The prestigious directory has distinguished three Partners of CCSL Advogados. José Calejo Guerra was referred in the Tax Law area, João de Lemos Portugal for Real Estate Law and Mafalda de Almeida Carvalho for Project Finance and Development Practice in the 12th Edition of The Best Lawyers in Portugal. The Best Lawyers is one of the oldest international rankings in the legal market and disclosed the results of the 2022 Edition. The US directory distinguishes the best lawyers from several jurisdictions based on the opinion and voting of peers and clients. You can verify the list of distinguished lawyers and law firms HERE --- ## Frederico Félix Alves URL: https://ccsllegal.com/team/frederico-felix-alves/ Frederico Félix Alves Of Counsel Frederico specializes in commercial, corporate, M&A, banking and financial matters. Frederico has expertise in providing legal counsel to national and international clients, in several business sectors, including corporations, venture capital firms, investment funds and financial companies, providing legal counsel in M&A transactions, corporate finance and private equity deals. Frederico has also experience in regulatory and compliance matters. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Frederico has more than 15 years legal experience, having worked in Abreu & Marques, Vinhas and Telles de Abreu law firms. He also acted as a Deputy of the  Secretary of Home Affairs in the XIX Portuguese Government. Academic Background Frederico holds a law degree from Faculdade de Direito da Universidade de Lisboa (2004) and also a Master of Laws (LL.M) in International Trade Law from the University of Essex, UK (2005). Expertise Frederico is an Of Counsel in the corporate and financial law team. Frederico is a full member of the Portuguese Bar Association and is fluent in Portuguese and English. E-mail Contact: ffa@ccsllegal.com --- ## Approved the new Annex SS for self-employed income declaration URL: https://ccsllegal.com/2021/11/12/approved-the-new-annex-ss-for-self-employed-income-declaration/ Approved the new Annex SS for self-employed income declaration The new Model RC 3048-DGSS and its respective filling instructions were approved. This new model and its respective filling instructions are intended for the declaration of income of self-employed persons for the years 2021 and following. The reformulation of this form (called Annex SS) results from the amendments made to the Social Security Welfare Contributions Regime Code and the respective complementary legislation, while the subsequent inter-operational procedures between the two administrations remain in force. The Order comes into force in November 13th 2021. Click HERE to access the diploma. For more information, please contact us at: jcg@ccsllegal.com [Photo by: Leon Dewiwje, available at unsplash.com] --- ## Monthly Stamp Duty Return and update of the filling instructions amended URL: https://ccsllegal.com/2021/11/10/monthly-stamp-duty-return-and-update-of-the-filling-instructions-amended/ Monthly Stamp Duty Return and update of the filling instructions amended An Order altering the official model of the Monthly Stamp Duty Return Declaration Form (Declaração Mensal de Imposto do Selo ? DMIS) and its filling instructions was published today. On October 1st 2019, the official model of the DMIS (referred to in Article 52-A, no. 2 of the Stamp Tax Code) was approved. However, in addition to having established that the DMIS is included in the list of tax declaration obligations covered by the justifiable shortcoming (with the DMIS also having been altered to cover this reality), some stamp duty exemptions have also been altered and created, namely by Decree Law 109/2020. In this sense, the Order published today adapts its declaration form to this new reality. The Order comes into force on November 11th 2021. Click HERE to access the diploma. For more information please contact us at: jcg@ccsllegal.com [Photo by: Romain Dancre, available at unsplash.com] --- ## The Extraordinary Corporate Rescue Proceeding has been extended URL: https://ccsllegal.com/2021/11/08/the-extraordinary-corporate-rescue-proceeding-has-been-extended/ The Extraordinary Corporate Rescue Proceeding has been extended The Extraordinary Corporate Rescue Proceeding (Processo Extraordinário de Viabilização de Empresas) has been extended until 30 June 2023. The support instrument for companies with economic difficulties was limited until 31 December 2021. However, the Government considered that its extension was justified, due essentially to the uncertainty regarding the evolution of economic activity, mainly conditioned by the evolution of the pandemic crisis in Portugal. The Decree-Law enters into force on 1 January 2022. Click HERE to access the diploma. For more information please contact us at hbf@ccsllegal.com [Photo by:Krakenimages, available at unsplash.com] --- ## Operations of restructuring or refinancing of credit in moratorium exempt from stamp duty URL: https://ccsllegal.com/2021/11/04/an-exemption-of-stamp-duty-on-operations-of-restructuring-or-refinancing-of-credit-in-moratorium-was-approved/ Operations of restructuring or refinancing of credit in moratorium exempt from stamp duty Law No. 70/2021 was published on November 4, 2021, and exempted from stamp duty the restructuring or refinancing of debts under themoratorium, with the exception of cases of additional borrowing to cover liquidity needs, if the tax liability is of an entity benefiting from the legal moratorium provided for in Decree Law No. 10-J/2020, of March 26. Click HERE to access the diploma. For more information, please contact us by e-mail to jcg@ccsllegal.com [Photo by: Towfiqu Barbhuiya, available at unsplash.com] --- ## The deadline for the reconversion process of urban areas of illegal origin has been extended URL: https://ccsllegal.com/2021/11/04/the-deadline-for-the-reconversion-process-of-urban-areas-of-illegal-origin-has-been-extended/ The deadline for the reconversion process of urban areas of illegal origin has been extended Law No. 70/2021 was published on November 4, 2021, extending the deadline for the reconversion process of illegally built urban areas and amending Law No. 91/95 of September 2 accordingly. Under the terms of the diploma that has been published, the AUGI must have a valid administration commission established until 31 of December 2024 and a reconversion title until 31 December 2026. Until 31 December 2024, the municipalities, may, under the terms of the law, define the limits of the AUGI. Click HERE to access the diploma. For more information, please contact us by e-mail to jlp@ccsllegal.com [Photo by: Matteo Catanese, available at unsplash.com] --- ## Intellectual Property URL: https://ccsllegal.com/intellectual_property/ Tax and Social Security Corporate and M&A Real Estate Public and Regulatory Finance and Capital Markets Litigation and Employment Intellectual Property Intellectual Property CCSL Advogados provides specialized legal advice on Intellectual Property matters, with a focus on Copyright and Related Rights, on a wide range of topics, including: Negotiation and drafting of contracts related to the protection and exploitation of protected content, including recording, agency, 360, editing, licensing, distribution, band, artist agreements, among others Drafting of legal opinions on various issues related to copyright and related rights Representation in legal actions CCSL aims to provide the best legal assistance to to the various players in the industries that intersect creativity, art, business and technology Advertising and marketing Architecture Crafts Design: product, graphic and fashion design Film, TV, video, radio and photography IT, software and computer services Publishing Museums, galleries and libraries Music, performing and visual arts As with all other areas CCSL Advogados favours an interdisciplinary approach bringing the best of our joint knowledge to the client?s benefit. --- ## Diploma that regulates the Framework Law on Housing is published URL: https://ccsllegal.com/2021/11/03/published-diploma-regulating-the-housing-framework-law/ Diploma that regulates the Framework Law on Housing is published Decree-law no. 89/2021, which regulates the Housing Framework Law regarding the guarantee of alternative housing, the pre-emption rights and the supervision of housing conditions, was published today in the Official Journal. The diploma foresees the competences of several entities in the event of an urgent situation that implies the need for attribution of a property for housing and also the competences for the inspection of the housing conditions within the scope of lease agreements, establishing the supervisory competences of the Instituto da Habitação e da Reabilitação Urbana, I.P.  (IHRU, I.P.). The Decree-Law also regulates the conditions under which the State (represented by the IHRU, I.P.), the Autonomous Regions and the Municipalities have pre-emption rights in legal transactions regarding properties for housing purposes, as well as the possibility for the municipalities, within the scope of the procedure for classifying a property for housing purposes as vacant when it is located in an area of urban pressure (areas where there is significant difficulty in accessing housing), to present a proposal for leasing the property to its owner, for subsequent sub-leasing. The normative also includes the elements that must be included in the advertisements published with a view to the celebration of lease agreements for housing purposes and the respective sanctions in case of non-compliance.  The law will come into force on 4 November 2021. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by Katya Shkiper, available at unsplash.com] --- ## José Calejo Guerra recognized in the Iberian Lawyer Forty under 40 Awards URL: https://ccsllegal.com/2021/11/02/jose-calejo-guerra-recognized-in-the-iberian-lawyer-forty-under-40-awards/ José Calejo Guerra recognized in the Iberian Lawyer Forty under 40 Awards José Calejo Guerra, partner of CCSL Advogados and head of tax was once again recognized in the 2021 edition of Forty under 40 Awards organized by Iberian Lawyer, being shortlisted in the category Tax Lawyer of the Year.  The Forty under 40 awards are a reference in Iberian Lawyer and distinguish lawyers and teams under 40 years of age in Portugal and Spain. You can see the list of finalists HERE. The full magazine is available HERE. --- ## Banking Package 2021 URL: https://ccsllegal.com/2021/10/29/banking-package-2021/ Banking Package 2021 On 27 October 2021, the European Commission adopted a review of EU banking rules. According to the European Commission, this package completes the implementation of the Basel III reforms to ensure banks remain resilient and capable of withstanding future shocks, protecting financial stability and citizen?s savings. The new banking package includes: New rules on internal models ? A new limit will be introduced to ensure risks are not underestimated when banks use their own calculation models to calculate their capital requirements. Stronger supervision ? Supervisors will have stronger tools to oversee EU banks, including complex banking groups. Minimum standards will be introduced to supervise third-country branches of banks in the EU. Sustainability ? Banks will be required to take Environmental, Social and Governance (ESG) risks into account when managing their business, thus contributing to the green transition. The review consists of the following legislative elements: a legislative proposal to amend the Capital Requirements Directive (Directive 2013/36/EU); a legislative proposal to amend the Capital Requirements Regulation (Regulation 2013/575/EU); a separate legislative proposal to amend the Capital Requirements Regulation in the area of resolution (the so-called ?daisy chain? proposal). The legislative package will now be discussed by the European Parliament and Council. Click HERE to access the Q&A prepared by the European Commission and HERE to access the legal diplomas. For more information, please contact us via e-mail mac@ccsllegal.com [Photo by: 30daysreplay Germany, available at unsplash.com] --- ## Sofia de Melo Campelo URL: https://ccsllegal.com/team/sofia-martins/ Sofia de Melo Campelo Associate Sofia being experienced commercial law and regulatory matters, as well as in litigation, assisting clients in different sectors of activity. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Sofia developed her career at Montalvão Martins & Associados and in Carlos Pinto de Abreu & Associados. At CCSL Advogados Sofia focuses her practice on regulatory, litigation and corporate matters. Academic Background Sofia holds a law degree from the Law School of Nova University, in Lisbon. She also completed the curricular part of the master degree in Law and Financial Markets in the same institution. Expertise Sofia is a full member of the Portuguese Bar Association and speaks fluent Portuguese, English and French. E-mail Contact: smc@ccsllegal.com --- ## Published measures governing the Treasury Support Line for Micro and Small Companies URL: https://ccsllegal.com/2021/09/15/published-measures-governing-the-treasury-support-line-for-micro-and-small-companies/ Published measures governing the Treasury Support Line for Micro and Small Companies The Government approved Ordinance no. 192-A/2021, published on 14/09/2021, designed to govern the Treasury Support Line for Micro and Small Companies created by Decree-Law no. 64/2021, of 28 July. This diploma was created with the purpose of setting the features of the financial support, namely, the respective amount and limits, the maturity period, the grace period of the capital and the interest rate. In addition, measures were foreseen concerning the procedure to be observed by the potential beneficiaries in the application process, terms and conditions of access, obligations and consequences of non-compliance. Click HERE to access the diploma. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Andrey Neel, available at unsplash.com] --- ## João de Lemos Portugal, partner of CCSL Advogados, was nominated by international directory Who’s Who Legal 2021 as a Recommended Lawyer in the Real Estate category URL: https://ccsllegal.com/2021/09/13/joao-de-lemos-portugal-partner-of-ccsl-advogados-was-nominated-by-international-directory-whos-who-legal-2021-as-a-recommended-lawyer-in-the-real-estate-category/ João de Lemos Portugal, partner of CCSL Advogados, was nominated by international directory Who?s Who Legal 2021 as a Recommended Lawyer in the Real Estate category.   --- ## Portuguese Constitutional Court unanimously rules on the unconstitutionality of the so-called Cybercrime Law URL: https://ccsllegal.com/2021/08/31/portuguese-constitutional-court-unanimously-rules-on-the-unconstitutionality-of-the-so-called-cybercrime-law/ Portuguese Constitutional Court unanimously rules on the unconstitutionality of the so-called Cybercrime Law The Constitutional Court, in a press release from August 30, 2021, announced that it had decided to rule unconstitutional the norms of article 5 of Decree 167/XIV, of the Portuguese Parliament, in the part that amends article 17 of Law 109/2009, of September 15 (known as the ?Cybercrime Law?). The Court held that the said rules resulted in a disproportionate restriction of the fundamental rights to inviolability of correspondence and communications and protection of personal data in the context of the use of information technology, as specific manifestations of the right to privacy; and, on the other hand, a violation of the principle of the reserve of the courts and of constitutional guarantees of defense in criminal proceedings. Click HERE to access the press release. For more information, please contact us by e-mail to jlp@ccsllegal.com [Photo by Markus Spiske: , disponível em unsplash.com] --- ## CCSL Advogados among the best Portuguese law firms in M&A according to the prestigious directory IFLR1000 URL: https://ccsllegal.com/2021/08/26/ccsl-advogados-among-the-best-portuguese-law-firms-in-ma-according-to-the-prestigious-directory-iflr1000/ CCSL Advogados among the best Portuguese law firms in M&A according to the prestigious directory IFLR1000 CCSL Advogados continues to reach new achievements and strengthens its presence in reputed international directories.   In this ocasion, the prestigious international directory IFLR1000 recommends, for the first time, the Firm under the category Other notable firms in M&A, thus being included among the best Portuguese law firms in this area of practice.   This directory is the guide to the main financial and corporate law firms in the world, being the only international legal directory that, since 1990, has been dedicated to classifying law firms and lawyers based on financial and corporate transactional work.   Excellent news for the team of CCSL Advogados, in addition to the recognitions in different areas of practice received by the firm in recent months.   The ranking may be consulted HERE. --- ## Rules on the drafting of general contractual terms enter into force URL: https://ccsllegal.com/2021/08/26/rules-on-the-drafting-of-general-contractual-terms-enter-into-force/ Rules on the drafting of general contractual terms enter into force The amendments to the legal regime of general contractual terms provided for in Law no. 32/2021, of May 27th, entered into force on August 25th. From now on, the law prohibits terms drafted with a font size smaller than 11 or 2.5 millimetres and with line spacing shorter than 1.15. It has been also established the creation of an administrative system to control and prevent unfair terms, guaranteeing that the terms deemed prohibited by a court decision are not applied by other entities. Click HERE to access the diploma. For more information, please contact us at: mac@ccsllegal.com [Photo by: Scott Graham, available at unsplash.com] --- ## Revision of the legal framework of securities investment companies for the promotion of the economy  URL: https://ccsllegal.com/2021/08/17/revision-of-the-legal-framework-of-securities-investment-companies-for-the-promotion-of-the-economy/ Revision of the legal framework of securities investment companies for the promotion of the economy  Decree Law no. 72/2021, from 16th August, which revised the legal framework of securities investment companies for the promotion of the economy ? SIMFE ? was published.  The above-mentioned diploma will come into force on September 1st and will introduce more flexibility in the legal framework of SIMFE, in order to make it more attractive and adequate to the practice of these companies. The most relevant changes arising from this diploma are the following:  SIMFE are no longer qualified as of collective investment entities being currently classified as qualified alternative investment companies;  The shares representing SIMFE?s share capital may be admitted to trading not only in a regulated market but also in multilateral trading facilities;  The investment in eligible companies may be made through debt securities or credits, originated in SIMFE or third companies;  The minimum investment amount is reduced to 50% ? instead of the previous 70%;  Co-investment is allowed, through the co-ownership of financial instruments, or through simultaneous investment by public or private entities in the same projects;  The legal framework for venture capital funds in matters of supervision and regulation and of requirements of aptitude and professional experience of the management and supervisory bodies will apply to SIMFE with the respective adjustments and on a subsidiary basis. Click HERE to access the diploma.  For more information, please contact us via e-mail mac@ccsllegal.com [Photo by: Hunters Race, available at unsplash.com] --- ## CCSL appointed as “Best newcomer” for tax in the EMEA region URL: https://ccsllegal.com/2021/08/12/ccsl-appointed-as-best-newcomer-for-tax-in-the-emea-region/ CCSL appointed as ?Best newcomer? for tax in the EMEA region CCSL was appointed by ITR as a top-5 finalist for the best newcomer in tax award in the EMEA region. ITR is one of the most prestigious international tax directories covering information on a broad spectrum of firms over a wide range of jurisdictions. --- ## Supreme Court of Justice standardizes case-law in the sense that the judicial sale of a mortgaged property with subsequent lease does not expire the rights of the tenant URL: https://ccsllegal.com/2021/08/10/supreme-court-of-justice-standardizes-jurisprudence-in-the-sense-that-the-judicial-sale-of-a-mortgaged-property-with-subsequent-lease-does-not-expire-the-rights-of-the-tenant/ Supreme Court of Justice standardizes case-law in the sense that the judicial sale of a mortgaged property with subsequent lease does not expire the rights of the tenant The Supreme Court of Justice (STJ) has issued a Standardizing Court Ruling (STJ Ruling no. 2/2021, of 5.08.2021) which addresses the issue of whether the judicial sale, in the course of insolvency proceedings, causes the lease agreement of the property, with mortgage entered into on a previous date, to expire, pursuant to Article 824 no. 2 of the Civil Code.  The STJ ruled as follows: ?The sale, in the course of insolvency proceedings, of a mortgaged property, with a lease entered into subsequently to the mortgage, does not cause the tenants? rights to expire as provided for in Article 109 no. 3 of the Insolvency and Company Restructuring Code (CIRE), in combination with Article 1057 of the Civil Code (CC), being the provision in Article 824 no. 2 of the CC inapplicable?. he STJ considered that ?as the regime of transferability of the lease is perfectly framed by the provisions of Article 1057 of the Civil Code, to which, furthermore, the provisions of Article 109, no. 3 of the CIRE refer to, there is no doubt that the regime provided for in Article 824, no. 2 of the Civil Code is strange to these provisions, and, for this reason, there is no omission to be integrated by analogy?. Nevertheless, the standardizing position was not voted unanimously and nine STJ Judges voted against it. Click HERE to access the STJ Standardizing Court Ruling. For more information, please contact us at: hbf@ccsllegal.com [Photo by: Harmen Jelle Van Mourik, available at unsplash.com] --- ## Revaluation Coefficients of Annual Remuneration  URL: https://ccsllegal.com/2021/08/05/revaluation-coefficients-of-annual-remuneration/ Revaluation Coefficients of Annual Remuneration  The Government approved, through Ordinance 169/2021, the numbers of the coefficients to be used to update the annual remunerations figures that serve as the base for the calculation of invalidity and old age pensions of the social security system and retirement and invalidity pensions of the convergent social protection regime.  Considering that the average variation rate over the last 12 months of the Consumer Price Index, excluding housing, in December 2020 was negative (- 0.12%), the annual remuneration revaluation coefficients are not updated, being applied in 2021 the revaluation coefficients of 2020.  Regarding remunerations registered as from 1st of January, the Ordinance updates the revaluation coefficients in 0.38%.   The Ordinance comes into force on 6 August, with retroactive effects as of 1 January, until 31 December.  Click HERE to access the diploma.  For more information, please contact us at: jcg@ccsllegal.com  [Photo by: Morgan Housel, available at unsplash.com] --- ## Technological Free Zones in Portugal URL: https://ccsllegal.com/2021/08/03/technological-free-zones-in-portugal/ Technological Free Zones in Portugal The general principles for the creation and regulation of Technological Free Zones (in Portuguese Zonas Livres Tecnológicas ? ZLT) were established on 21 April last ? physical environments geographically located, for tests in a real or near real environment, intended for the testing of innovative technology, products, services and technology-based processes by their promoters, in a safe way, with the support and monitoring of the respective competent authorities ? as the principles for the development of a legislative framework to promote and facilitate the conduct of research, demonstration and testing activities, in a real environment, of innovative technologies, products, services, processes and models, in Portugal, in a transversal way (Council of Ministers Resolution No. 29/2020, of April 21). The goal is to take advantage of all the opportunities brought by new technologies ? from artificial intelligence, to Blockchain, bio and nanotechnology, 3D printing, virtual reality, robotics and the Internet of Things, and including Big Data and the 5G network, among others. With Decree-Law No. 67/2021, of 30 July, although ZLTs are not created, the basic legal framework for their creation in Portugal it is now established, being the conditions for their implementation set out, with the aim of setting up several ZLTs, each one specially geared to certain technologies or sectors and thus contributing to the dynamism of the regions of Portugal by leveraging their specific characteristics. This Decree-Law also establishes the possibility of creating, within the ZLTs, specific instruments for experimentation, in the form of programs for innovation or legal and regulatory instruments, aimed at facilitating the testing of technologies, products, services and processes. This diploma also creates a testing authority ? whose powers are exercised by the National Innovation Agency (Agência Nacional de Inovação, S. A.) ? which, without prejudice to the competences of other entities, has the role of centrally following and monitoring the ZLT Network (a system integrated by all the ZLTs, open to public and private sector entities, including research and development institutions, including interface institutions, academic institutions, public entities and any other relevant partners in the productive, social or cultural fabric, national or international, public or private, that show interest in the monitoring, use and promotion of innovative technology, products, services and technology-based processes). Click HERE to access the diploma. For more information, please contact us at: mac@ccsllegal.com [Photo by: Possessed Photography, available at unsplash.com] --- ## Three partners and two teams from CCSL Advogados are finalists in the Iberian Lawyer Forty under 40 Awards – 2021 edition URL: https://ccsllegal.com/2021/07/23/three-partners-and-two-teams-from-ccsl-advogados-are-finalists-in-the-iberian-lawyer-forty-under-40-awards-2021-edition/ Three partners and two teams from CCSL Advogados are finalists in the Iberian Lawyer Forty under 40 Awards ? 2021 edition CCSL Advogados partners José Calejo Guerra, head of tax, Mafalda Almeida Carvalho, head of M&A and Hugo Batista Falcão, head of litigation, are finalists in the prestigious Iberian Lawyer Forty under 40 awards in their respective categories as individual lawyers.  CCSL Advogados? Tax and M&A teams were also selected as finalists in Team category.  The Forty under 40 awards are a reference in Iberian Lawyer and distinguish lawyers and teams under 40 years of age in Portugal and Spain. --- ## Foreign companies may be held liable for labour debts of companies based in Portugal URL: https://ccsllegal.com/2021/07/09/foreign-companies-may-be-held-liable-for-labour-debts-of-companies-based-in-portugal/ Foreign companies may be held liable for labour debts of companies based in Portugal Pursuant to the labour law in force, a company in a relationship of reciprocal participation, control or group is jointly liable ? with the employer ? for the labour debts arising from an employment agreement, or from its breach or termination, that have been overdue for more than three months. A decision of the Constitutional Court, dated 06/07/2021, declared the unconstitutionality, with general binding force, of the joint interpretation of article 334 of the Labour Code (which provides for the above-mentioned joint liability) and of article 481 no. 2 of the Commercial Companies Code, in the extent that it prevents a joint liability of a foreign company, which is in a relation of reciprocal participations, control or group with a company based in Portugal, for the labour debts of this company (arising from the employment agreement or its termination). As a result of this decision, it will be possible for employees to hold an entity located outside Portugal jointly liable for labour claims, overdue for more than three months, that they have on a company based in Portugal which is in a relationship of reciprocal shareholdings, control or group with that foreign entity. Click HERE to access the diploma. For more information, please contact us at: mac@ccsllegal.com [Photo by: Damir Kopezhanov, available at unsplash.com] --- ## Lists of Countries and Sports Competitions to which Certain Air Traffic, Airport, Land, Sea and River Borders Rules Apply URL: https://ccsllegal.com/2021/06/28/lists-of-countries-and-sports-competitions-to-which-certain-air-traffic-airport-land-sea-and-river-borders-rules-apply/ Lists of Countries and Sports Competitions to which Certain Air Traffic, Airport, Land, Sea and River Borders Rules Apply It has been published in the Portuguese Official Journal, the Order 6326-A/2021, approving the lists of countries and international sporting competitions to which the rules on air traffic, airports, land, sea, and river borders apply, in light of the epidemiological situation caused by the SARS-CoV-2 virus. 1. List of countries from which it is determined that passengers on flights and citizens traveling by land, sea or river must comply with a 14-day prophylactic isolation period, at home or at a place indicated by the health authorities, after entering mainland Portugal a) South Africa; b) Brazil; c) India; d) Nepal; e) United Kingdom ? except when accompanied by proof of vaccination carried out in that country attesting the complete vaccination scheme of the respective holder, for at least 14 days, with a vaccine against COVID-19 dully authorized in accordance with Regulation (EC) No. 726/2004. A vaccination scheme is considered complete after the administration of: a) a single-dose vaccine, for vaccines with a one-dose vaccination scheme; b) the second dose of a COVID-19 vaccine with a two-dose vaccination schedule, even if doses of two separate vaccines have been administered; or c) the single dose of a COVID-19 vaccine with a two-dose vaccination schedule by persons who have recovered from the disease, if it is indicated on the vaccination certificate that the vaccination schedule was completed after the administration of one dose. 2. List of countries and administrative regions where the epidemiological situation is in accordance with Council Recommendation (EU) 2020/912 of 30 June 2020 and from which air traffic from and to mainland Portugal is authorized, subject to reciprocity being confirmed: a) Albania; b) Australia; c) South Korea; d) United States of America; e) Israel; f) Japan; g) Lebanon; h) New Zealand; i) Rwanda; j) Singapore; k) Thailand; l) Republic of Northern Macedonia; m) People?s Republic of China; n) Serbia; o) Taiwan; p) Hong Kong; q) Macao. 3. List of authorized sports events whose participants are exempted from the duty to comply with a period of prophylactic isolation of 14 days (available in the document that may be accessed by using the link below). Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Mantas Hesthaven, available at unsplash.com] --- ## Search Fund Desk URL: https://ccsllegal.com/search-fund-desk/ Tax and Social Security Corporate and M&A Real Estate Public and Regulatory Finance and Capital Markets Litigation and Employment Intellectual Property Search Fund Desk A search fund is an undertaking through which investors financially support an entrepreneur?s efforts to locate, acquire, manage, and grow a privately held company. Since the first search fund in 1984 in the USA, more than 500 search funds were raised around the world, in particular in the United States and Canada. Since 2011, more than 20 search funds were raised in Spain and Portugal. CCSL and its Spanish best friend law firm Ayuela Jiménez jointly created a Search Fund Iberian Desk with the purpose of contributing to the research about search funds, sharing experiences between the two firms and contributing to the growth and development of the search fund community. The Search Fund Iberian Desk helps searchers in every step of their search fund journey, including advise in the following matters: raising the search capital and negotiating the first shareholders? agreement with investors incorporating the search fund undertaking drafting and negotiating non-disclosure agreements and letters of intent performing legal and tax due diligence tax advisory to the deal, taking into consideration the incentives package of the searcher drafting shares purchase and sale agreements assisting with the drafting and negotiation of financing agreements when applicable. The Search Fund Iberian Desk also organizes the Breakfast Searchers, a periodic forum for discussion between searcher of topics of interest to the community. --- ## The rules for the acknowledgement of producers holding family farming status, oriented towards sustainable production, or to the production certified local products, were published URL: https://ccsllegal.com/2021/06/18/the-rules-for-the-acknowledgement-of-producers-holding-family-farming-status-oriented-towards-sustainable-production-or-to-the-production-certified-local-products-were-published/ The rules for the acknowledgement of producers holding family farming status, oriented towards sustainable production, or to the production certified local products, were published Portaria no. 123/2021 from 18th July was published, which establishes the national rules for the acknowledgement of multi-product producers? groups, namely of producers holding the status of family farming, producing via sustainable methods, or of certified local products. Considering the different realities of producers in Portugal, which depend on their economic dimension, technological orientation, geographic location, mode of production and the products themselves, the above-identified diploma established the rules for the acknowledgement of multi-product producers? groups, oriented towards an agricultural economy of proximity, namely the ones who produce through sustainable methods, such as biological agriculture, or whose type of exploitation has special characteristics such as the family farming. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Petim Latifi, available at unsplash.com] --- ## Action Plan “Reactivate Tourism | Build the Future” URL: https://ccsllegal.com/2021/06/17/action-plan-reactivate-tourism-build-the-future/ Action Plan ?Reactivate Tourism | Build the Future? The action plan ?Reactivate Tourism | Build the Future? was approved by Resolution of the Council of Ministers (nr. 76/2021). The action plan ?Reactivate Tourism | Build the Future? aims to be a guideline for the tourism sector, both public and private, whose actions are fully integrated with the objectives of the Recovery and Resilience Plan and the Portugal?s Strategy 2030, thus ensuring a concerted strategy for the recovery of the national economy. The Plan is based on 4 pillars of action ? supporting businesses, fostering security, generating business and building future ? and consists of specific actions that, in the short, medium and long term, will transform the sector and will position it at a higher level of value creation, contributing significantly to GDP growth and a fairer distribution of wealth. According to the diploma the Plan ?will allow to exceed (euro) 27 billion in tourism revenue in 2027 in a sustainable way, generating wealth and well-being across the territory, throughout the whole year and betting on the diversification of markets and segments.?. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo: Paulo Evangelista, available at unsplash.com] --- ## The legal regime for the enforced leasing of rustic properties URL: https://ccsllegal.com/2021/06/17/the-legal-regime-for-the-enforced-leasing-of-rustic-properties/ The legal regime for the enforced leasing of rustic properties On 15th June 2021, the Decree Law no. 52/2021, from 15th June, was published, and has established the legal regime for the enforced leasing of rustic properties. The Decree-Law identified above establishes an instrument of administrative intervention which allows the State to replace the owners of rustic properties subject to an integrated operation of landscape management under the Decree-Law no. 28-A/2020, from 26th June (?OIGP?) in the execution of the interventions required in the respective OIGP. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo: Tom Byrom, available at unsplash.com] --- ## The legal regime applicable to contracts to the management of energy efficiency was published URL: https://ccsllegal.com/2021/06/16/the-legal-regime-applicable-to-contracts-to-the-management-of-energy-efficiency-was-published/ The legal regime applicable to contracts to the management of energy efficiency was published On 15th June 2021, the Decree Law no. 50/2021, from 15th June was published, and has established the legal regime applicable to the contracts to the management energy efficiency to be entered into by the State and the energy services companies. Within the Programme for Energy Efficiency in Public Administration (?ECO.AP?), and specifically, with the Decree Law no. 29/2011, from 28th February the energy performance contract was created, to offer the Public Administration a contractual figure that would allow them to develop solutions to reduce their energetic needs. With the revision of ECO.AP by the Program for Resource Efficiency in Public Administration until 2030 (?ECO.AP 2030?) in 2020, it was also deemed necessary to update the features of the above-mentioned energy performance contract. In this sense, the Decree-Law identified above came to simplify the process of formation and execution of the contracts to the management energy efficiency to be granted between the Public Administration and energy service companies, in order to implement measures to improve energetic efficiency and promote the developing solutions for energy production for self-consumption in public buildings and equipment related to the provision of public services. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo: Chelsea, available at unsplash.com] --- ## CCSL Advogados distinguished in the Women In Business Law Directory Awards 2021 URL: https://ccsllegal.com/2021/06/15/ccsl-advogados-distinguished-in-the-women-in-business-law-directory-awards-2021/ CCSL Advogados distinguished in the Women In Business Law Directory Awards 2021 CCSL Advogados was distinguished by the prestigious directory Women in Business Law, in the jurisdiction category for the year 2021. CCSL Advogados was one of the eight law firms nominated in the Portuguese jurisdiction. The list may be consulted HERE. --- ## Amendments to the rules on drafting general contractual terms have been published URL: https://ccsllegal.com/2021/05/28/amendments-to-the-rules-on-drafting-general-contractual-terms-have-been-published/ Amendments to the rules on drafting general contractual terms have been published Law no. 32/2021, of May 27th, which amends the legal regime of general contractual terms was published. The law sets limitations on the drafting of contract terms, prohibiting terms drafted with a font size smaller than 11 or 2.5 millimetres and with line spacing shorter than 1.15. This Law also provides for the creation of an administrative system to control and prevent unfair terms, guaranteeing that the terms deemed prohibited by a court decision are not applied by other entities. Click HERE to access the diploma. For more information, please contact us at: mac@ccsllegal.com [Photo: Beatriz Moya, available at unsplash.com] --- ## Leasehold Injunction URL: https://ccsllegal.com/2021/05/17/leasehold-injunction/ Leasehold Injunction The law that establishes the Regime of Injunction Proceedings in matters of Leases was published. The figure of the leasehold injunction order (IMA) was introduced by Laws No. 12/2019 and 13/2019, which provides for measures aimed at correcting situations of imbalance between tenants and landlords, with a view to protecting tenants in a situation of special fragility. IMA is a procedural means aimed at enforcing the tenant?s rights to the payment of a fixed amount of the amount of compensation due for the execution of works in substitution of the landlord, making the request enforceable if no opposition is lodged. The decree-law also regulates the Leasehold Injunction Service, which will be responsible for processing these special procedures, with competence throughout the national territory. If the injunction is decreed, the tenant may require the landlord to pay a penalty for each day of non-compliance as of that date, in the amount of EUR 50,00, which may be deducted by the tenant from the payment of the outstanding monthly rents until compliance with the injunction is demonstrated by the landlord to the tenant. Click HERE to access the diploma. For more information, please contact us at jlp@ccsllegal.com [Photo by: Breno Assis, available at unsplash.com] --- ## CCSL Advogados was recognized by 2021 Global Law Experts Annual Awards URL: https://ccsllegal.com/2021/05/05/ccsl-advogados-was-recognized-by-2021-global-law-experts-annual-awards/ CCSL Advogados was recognized by 2021 Global Law Experts Annual Awards CCSL Advogados was recognized by Global Law Experts on 2021 Annual Awards as: -Boutique Tax Law Firm of the Year in Portugal; -Tax Law Firm of the Year in Portugal; -Corporate Law Firm of the Year in Portugal; -Public & Regulatory Law Firm of the Year in Portugal; -Real Estate Law Firm of the Year in Portugal. --- ## Created an exceptional and temporary regime for the daily registration of workers on agricultural holdings and in the construction sector URL: https://ccsllegal.com/2021/04/30/created-an-exceptional-and-temporary-regime-for-the-daily-registration-of-workers-on-agricultural-holdings-and-in-the-construction-sector/ Created an exceptional and temporary regime for the daily registration of workers on agricultural holdings and in the construction sector Decree-Law no. 29-A/2021 was published on 29 April 2021, under which it was decreed the obligation on companies employing 10 or more workers to organize a daily register of all workers performing activities in agricultural holdings and temporary or mobile construction sites.  Click HERE to access the diploma. For more information, please contact us by e-mail to jlp@ccsllegal.com [Photo by: Ran Berkovich, available at unsplash.com] --- ## Municipal surtax rates applicable to corporate income tax of 2020 re-published URL: https://ccsllegal.com/2021/04/20/municipal-surtax-rates-applicable-to-corporate-income-tax-of-2020-re-published/ Municipal surtax rates applicable to corporate income tax of 2020 re-published Last Friday, the Portuguese Tax Authorities published the Circular no. 20232, where the municipal surtax rates applicable to corporate taxable income were disclosed. These rates were initially published in February 2021, having been partially amended in accordance with the requests of the municipalities of Serpa, Figueira da Foz, Felgueiras and Paredes. Click HERE to access the Circular. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Kelly Sikkema, available at unsplash.com] --- ## CCSL Advogados was distinguished by The Legal 500 – 2021 Edition URL: https://ccsllegal.com/2021/04/16/ccsl-advogados-was-distinguished-by-the-legal-500-2021-edition/ CCSL Advogados was distinguished by The Legal 500 ? 2021 Edition CCSL Advogados was once more distinguished as one of most relevant law firms in Portugal in the Tax sector. The tax partner José Calejo Guerra was also praised for his work with international clients.  The Legal 500 is one of the most relevant ranking in the legal business, recognizing and distinguishing law firms in more than 100 jurisdictions. You can see the full tax ranking at https://www.legal500.com/c/portugal/tax/ --- ## Conditions for payment in instalments of debts to the Social Security have been defined URL: https://ccsllegal.com/2021/04/08/conditions-for-payment-in-instalments-of-debts-to-the-social-security-have-been-defined/ Conditions for payment in instalments of debts to the Social Security have been defined Ordinance no. 58/2021 of 7 April, establishes the conditions and procedures regarding the payment in instalments to the Social Security for the settlement of debts of employers, independent workers and contracting entities whose legal deadline for payment ends before 31 December. This diploma follows the adoption of the exceptional regime for the payment in instalments of social security debts that are not being compulsorily enforced, which was approved by the State Budget for 2021. Click HERE to access the diploma. For more information please contact us at jcg@ccsllegal.com [Photo by: Ruxipen, available at unsplash.com] --- ## Creation of the National Housing Plan URL: https://ccsllegal.com/2021/03/31/creation-of-the-national-housing-plan/ Creation of the National Housing Plan Decree Law no. 26/2021 was published on 31 March 2021, by means of which the National Housing Plan was created with a view to grant housing to people in need of emergency or transitional accommodation solutions. This response will be implemented through the National Housing Plan List, which aims to identify the properties available, at each moment, for use as urgent accommodation and for the provision of housing solutions for people in need.  The National Housing Plan covers situations of risk and/or social emergency resulting from unforeseeable or exceptional events, namely natural disasters, fires, pandemics, unplanned migratory flows or situations requiring urgent accommodation for people who are temporarily without housing.  Click HERE to access the diploma.  For more information, please contact us by e-mail jlp@ccsllegal.com [Photo by: Annie Spratt, available at unsplash.com] --- ## The Legal Regime of the Territorial Management Mechanisms (?RJIGT?) was amended URL: https://ccsllegal.com/2021/03/30/the-legal-regime-of-the-territorial-management-mechanisms-rjigt-was-amended/ The Legal Regime of the Territorial Management Mechanisms (?RJIGT?) was amended Decree-Law no. 25/2021, by which the RJIGT was amended, was published on 29 March 2021. Among other measures, the deadline to ensure the completion of the task of adoption, in municipal or inter-municipal plans, of the soil classification and qualification rules foreseen in Law no. 31/2014, of 30 May, established in paragraph 2 of article 199 of RJIGT was extended until 31 December 2022.  Click HERE to access the diploma.  For more information, please contact us by e-mail jlp@ccsllegal.com [Photo by: Alan Emery, available at unsplash.com] --- ## Return for the purposes of reporting and payment of VAT on the import of goods approved URL: https://ccsllegal.com/2021/03/17/return-for-the-purposes-of-reporting-and-payment-of-vat-on-the-import-of-goods-approved/ Return for the purposes of reporting and payment of VAT on the import of goods approved Ordinance No. 58/2021, published today, approves the form to be used to comply with the monthly VAT return on the import of goods and its filling instructions. Following the legislative amendments introduced in 2020 by Law no. 47/2020, a VAT reporting and payment regime on the import of goods whose value does not exceed EUR 150 has been created. Under this regime, except in the case of goods subject to excise duties, the recipient of the goods is liable for the payment of VAT when: the special regime applicable to distance sales of imported goods is not used; and the customs return is lodged on behalf of the recipient of the goods by the person presenting the goods to customs. In these cases, the person presenting the goods to customs shall comply with the following VAT reporting and payment obligations: send a return with the global amount of VAT charged to the recipients of the goods during the previous calendar month by electronic data transmission, by the 10th day of the month following the importation; pay the tax by the 15th day of the month following the month in which the VAT is charged. Click HERE to access the diploma. For more information please contact us at jcg@ccsllegal.com [Photo by Andy Li, available at unplash.com] --- ## Tax Authorities clarifies tax framework for wind farms and solar plants URL: https://ccsllegal.com/2021/03/05/tax-authorities-clarifies-tax-framework-for-wind-farms-and-solar-plants/ Tax Authorities clarifies tax framework for wind farms and solar plants On 03 March 2021, the Portuguese Tax Authorities published a circular in which its legal understanding regarding the tax framework for wind farms and solar plants under Municipal Property Tax (?IMI?) was clarified. In this circular the Portuguese Tax Authorities analyses the qualification of wind farms and solar plants under the concept of building provided for in the Municipal Property Tax Code (?CIMI?), the method that should be used in its evaluation and the rules that should be followed for its registration. Click HERE to access the circular. For more information please contact us at jcg@ccsllegal.com [Photo by: Mark Merner, available at unplash.com] --- ## The procedures for the frontloading of European budget funds and multi-annual expenditures were approved URL: https://ccsllegal.com/2021/03/04/the-procedures-for-the-frontloading-of-european-budget-funds-and-multi-annual-expenditures-were-approved/ The procedures for the frontloading of European budget funds and multi-annual expenditures were approved The joint Ministerial Order of the Ministry of Finance and Planning No. 48/2021 was published on 4 March 2021, which establishes the procedures for the frontloading of European budget funds and multi-annual expenditures, and respective control mechanisms, regarding European financial instruments, whose programmes for Portugal have not yet been approved, but whose legally established eligibility date allows expenses under those programmes. The present Ministerial Order applies to the Recovery and Resilience Facility (RRP) and the Recovery Assistance for Cohesion and the Territories of Europe (REACT-EU), both under the program Next Generation EU. Click HERE to access the diploma. For more information, please contact us at jcg@ccsllegal.com  [Photo by: Mika Baumeister, available at unsplash.com] --- ## The acquisition of Teclena, S.A. by Zinc Capital, advised by CCSL Advogados, was highlighted as deal of the month by TTR URL: https://ccsllegal.com/2021/03/02/ccsl-advogados-advised-zinc-capital-in-the-acquisition-of-teclena-automatizacao-estudos-e-representacao-s-a-a-company-in-the-industrial-automation-sector/ The acquisition of Teclena, S.A. by Zinc Capital, advised by CCSL Advogados, was highlighted as deal of the month by TTR  The Transactional Track Record (TTR) is the leading platform for M&A and Business Development Intelligence in the Iberian Peninsula, Latin America and Caribbean markets and has highlighted the transaction advised by CCSL Advogados for the acquisition of Teclena S.A. by the search fund Zinc Capital. To see the Iberian Market Business of the Month please click HERE.  CCSL Advogados advised Zinc Capital on the acquisition process of Teclena ? Automatização, Estudos e Representação, S.A., a company in the industrial automation sector. Zinc Capital is the second Portuguese search-fund in the market to invest. The transaction involved the legal advice of the different parties involved, besides CCSL Advogados as AFMA and Sérvulo Associados. CCSL Advogados team was led by Corporate and Financial partner Mafalda de Almeida Carvalho (pictured left), and included Real Estate partner João de Lemos Portugal (pictured right), also involving Labour consultant Margarida Bragança, and associate Francisco Burguete. --- ## Amendments to the tax law aimed at enhancing taxpayers’ guarantees and promoting tax simplification published URL: https://ccsllegal.com/2021/02/26/amendments-to-the-tax-law-aimed-at-enhancing-taxpayers-guarantees-and-promoting-tax-simplification-published/ Amendments to the tax law aimed at enhancing taxpayers? guarantees and promoting tax simplification published Law no. 7/2021, from 26th February, was published today. This diploma amends, among other, the General Tax Law, the Code of Tax Procedures and the General Regime for Tax Offences, in order to enhance the guarantees of the taxpayers and promote the simplification of the tax procedures. Click HERE to access the diploma. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Volkan Olmez, available at unsplash.com] --- ## Changes to the regulations of Porta de Entrada ? Support Program for Urgent Accommodation URL: https://ccsllegal.com/2021/02/23/changes-to-the-regulations-of-porta-de-entrada-support-program-for-urgent-accommodation/ Changes to the regulations of Porta de Entrada ? Support Program for Urgent Accommodation Portaria no. 44/2021, from February 22nd, was published today. This diploma amends the regulations applicable to the program Porta de Entrada ? Support Program for Urgent Accommodation. The regime that has established this support program ? which provides urgent accommodation and housing solutions to people deprived from their usual residence ? was adapted by Decree-Law no. 81/2020, from October 2nd, to the Base Law for Habitation and the above identified Portaria has amended the regulations applicable to the same accordingly. Click HERE to access the diploma. For more information, please contact us via e-mail jlp@ccsllegal.com [Photo by: Diego García, available at unsplash.com] --- ## Changes to the regulations of the Support Program for Access to Housing and of the Program for Affordable Leasing have been published URL: https://ccsllegal.com/2021/02/22/changes-to-the-regulations-of-the-support-program-for-access-to-housing-and-of-the-program-for-affordable-leasing-have-been-published/ Changes to the regulations of the Support Program for Access to Housing and of the Program for Affordable Leasing have been published Portarias nos. 40/2021, 42/2021 and 41/2021, all from February 22nd, were published today. The first two amend the regulations regarding the applications to the Affordable Leasing Program and registration of properties in the same, and the last one proceeds with changes in the regulations of the Support Program for Access to Housing. The Decree-Law no. 81/2020, from October 2nd, determined the adaptation of these programs designed within the New Generation of Habitation Politics to the Base Law for Habitation and the above identified Portarias have amended the regulations of the same accordingly. Click HERE to acess the Portaria 40/2021. Click HERE to access the Portaria 41/2021. Click HERE to access the Portaria 42/2021. For more information, please contact us via e-mail jlp@ccsllegal.com. [Photo by: Maria Ziegler, available at unsplash.com] --- ## Municipal surtax rates applicable to corporate income tax of 2020 published URL: https://ccsllegal.com/2021/02/17/municipal-surtax-rates-applicable-to-corporate-income-tax-of-2020-published/ Municipal surtax rates applicable to corporate income tax of 2020 published On 16 February 2021, the Portuguese Tax Authorities published a circular in which the municipal surtax rates for each municipality were disclosed. The surtax is a municipal tax levied on the taxable income of corporate income taxpayers. This tax is levied by the Portuguese Tax Authorities and transferred to the Municipality in whose territory the income of the taxpayer was generated. Click HERE to access the circular. For more information please contact us at jcg@ccsllegal.com [Photo by: Kelly Sikkema, available at unsplash.com] --- ## Amendments to the Golden Visa regime were published URL: https://ccsllegal.com/2021/02/15/amendments-to-the-golden-visa-regime-were-published-2/ Amendments to the Golden Visa regime were published The diploma amending the legal regime of residency for investment in Portugal ? so-called Golden Visa scheme ? was published last Friday. The amendments introduced by this diploma will entry into force in 1st of January 2022 and includes the following most relevant changes: Acquisition of real estate properties will only be eligible for Golden Visa purposes if those properties are located in the interior of the Country or in the Autonomous Regions of Madeira and the Azores; The threshold for capital transfers will increase from ? 1 M to ? 1,5 M; The threshold for capital transfers aimed to investments in research activities, acquisition of participation units in investment and venture capital funds, and incorporation or capitalization of companies leading to job creation will raise from ? 350,000 to ? 500,000. The application of the new rules will not affect renewals of the residency permits and family regrouping related to authorizations for investments granted under the current legislation. Click HERE to access the diploma [Photo by: Benjamin Voros, available at unsplash.com] --- ## Amendments to the Golden Visa regime were published URL: https://ccsllegal.com/2021/02/12/amendments-to-the-golden-visa-regime-were-published/ Amendments to the Golden Visa regime were published On February 12th, 2021, the Decree Law no. 14/2021 was published, which establishes the most recent changes to the legal regime of residency by investment in Portugal ? the so called Golden Visa program. This diploma, which shall enter in force on January 1st, 2022, has, on one hand, established an increase of the minimum thresholds of investment for some of the categories foreseen in the law ? namely, the capital investments, investments in investment funds, job creation and science and research activities ? and on the other, has restricted the property investments to certain qualifying areas of the country, such as Acores, Madeira and interior areas, despite maintaining the minimum values of investment. Click HERE to access the diploma. For more information, please contact us via e-mail jcg@ccsllegal.com [Photo by: Ashim D?Silva, available at unsplash.com] --- ## Published diploma which implements the provisions on electronic identification and trust services for electronic transactions in the internal market laid down on Regulation (EU) 910/2014 URL: https://ccsllegal.com/2021/02/10/published-diploma-which-implements-the-provisions-on-electronic-identification-and-trust-services-for-electronic-transactions-in-the-internal-market-laid-down-on-regulation-eu-910-2014/ Published diploma which implements the provisions on electronic identification and trust services for electronic transactions in the internal market laid down on Regulation (EU) 910/2014 Decree-Law no. 12/2021 was published on 9 February, implementing in Portuguese law the provisions set out in Regulation (EU) 910/2014 on electronic identification and trust services for electronic transactions in the internal market. This Regulation was introduced with the objective of promoting greater use of these services by citizens, economic operators, and public administration. Decree-Law no. 12/2021 aims to provide the Portuguese authorities with the powers to carry out the supervisory activities provided for in the Regulation, to define the sanctioning framework applicable in case of infringement of the Regulation?s rules and to consolidate the existing legislation both on the validity, effectiveness, and evidential value of electronic documents and on the ?Sistema de Certificação Eletrónica do Estado ? Infraestrutura de Chaves Públicas?. Click HERE to see the diploma. For more information please contact us at jcg@ccsllegal.com [Photo by: William Iven, available at unsplash.com] --- ## New return for reporting tax withholdings approved URL: https://ccsllegal.com/2021/02/10/new-model-39-declaration-approved/ New return for reporting tax withholdings approved Ordinance no. 31/2021, published today, approved the new Model 39 declaration and its filling instructions. The declaration model 39 must be filed by debtor entities and by entities that pay or make available capital income subject to withholding tax at the rates foreseen in article 71 of the IRS Code or subject to definitive withholding tax, whose income beneficiaries are resident in Portugal and that do not benefit from exemption, waiver of withholding or rate reduction. This new declaration is intended to improve the existing forms and adapt them to the newest legal updates. Click HERE see the diploma. For more information please contact us at jcg@ccsllegal.com [Photo by: Sharon McCutcheon, available at unsplash.com] --- ## Default interest rates for the first semester of 2021 were set URL: https://ccsllegal.com/2021/02/05/default-interest-rates-for-the-first-semester-of-2021-were-set/ Default interest rates for the first semester of 2021 were set On February 4, 2021, Notice No. 2239/2021 of the Directorate General of Treasury and Finance was published, setting the default interest rates for the first semester of 2021, as follows: With regard to credits held by commercial companies, whether individuals or legal entities, under the terms of paragraph 3 of Article 102 of the Commercial Code, at 7%; The subsidiary interest rate on arrears for credits held by commercial companies, whether individuals or legal entities e, under the terms of paragraph 5 of Article 102 of the Commercial Code and Decree-Law No. 62/2013 of May 10, at 8 %; Click HERE to access the diploma. For more information, please contact us through the e-mail jcg@ccsllegal.com [Photo by: Scott Graham, available at unsplash.com] --- ## The Legal Regime for Economic Offences was published URL: https://ccsllegal.com/2021/01/29/the-legal-regime-for-economic-offences-was-published/ The Legal Regime for Economic Offences was published  On January 29th, 2021, Law Decree no. 9/2021 was published, which approved the Legal Regime for Economic Offences. This diploma, which shall enter in force on July 28th, 2021, came to meet the need for uniformization, consolidation and simplification of the legal regimes applicable in matters of access and performance of economic activities, with the purpose of promoting a greater legal certainty, proportionality, swiftness and efficiency. Click HERE to access the diploma. For more information, please contact us at jcg@ccsllegal.com [Photo by: Joshua Hoehne, avilable at unsplash.com] --- ## Amendments to Programa Regressar published URL: https://ccsllegal.com/2021/01/28/amendments-to-programa-regressar-published/ Amendments to Programa Regressar published  On January 28th, 2021, Portaria no. 23/2021 was published, amending Portaria no. 214/2019, of July 5th which established the Support Measure for the Return of Portuguese emigrants to the country, within Programa Regressar. This measure involves the attribution of economic support to Portuguese emigrants, Portuguese descendants, and their family members, with the purpose of promoting and simplifying their return to Portugal and treasure the Portuguese communities and their connections to the Country. The abovementioned amendment extends the application of this Support Measure until the end of 2023 and broadens its subjective scope, being now eligible to apply to the latter not only the Portuguese emigrants and their family members with an employment contract in Portugal, but also the ones that return to the Country and incorporate their own companies or create their own jobs. Click HERE to access the diploma. For more information, please contact us at jcg@ccsllegal.com [Photo by: Lilibeth Linares, available at unsplash.com] --- ## Procedures for the attribution of special income support for workers published URL: https://ccsllegal.com/2021/01/26/procedures-for-the-attribution-of-special-income-support-for-workers-published/ Procedures for the attribution of special income support for workers published On January 25th, 2021, Portaria 19-A/2021 was published, which regulates the procedures for the assignment of a special income support to workers. This special support was created by the State Budget for 2021 with the purpose of ensuring the income of people in particularly difficult economic situations due to the current pandemic context caused by Covid-19, being the conditions of access to it and the procedures for its attribution currently regulated. Click HERE to access the diploma. For more information, please contact us at jcg@ccsllegal.com [Photo by: Bermix Studio, available at unsplash.com] --- ## Recent Updates URL: https://ccsllegal.com/covid-19/recent-updates/ 12/05/2021 Article 5, no. 3 of Decree-Law 46-A/2020 provides that in April 2021 the Government must evaluate the evolution of the pandemic and the economic activity in relation to the first quarter, adjusting the limits for the temporary reduction of the normal working period (NWP) in accordance with the respective conclusions. Given the current pandemic situation, the strategy to progressively lift the containment measures and the gradual and phased resumption of economic activities, the Government has decided to allow companies with a drop in turnover equal to or greater than 75% to continue to reduce the NWP of their workers to a maximum of 100%, during the months of May and June 2021. However, in June, the mentioned reduction of the NWP is limited to up to 75% of the workers employed by the employer, unless their activity falls within the sectors of bars, nightclubs, playgrounds and the supply or assembly of events. In June, the Government will re-evaluate and adjust the temporary reduction limits of the NWP in the light of the evolution of the pandemic and economic activity for the second quarter. Click HERE to access the diploma.   28/04/2021 The 15th State of Emergency ends at 11:59 pm of April 30th. With the favourable development of the pandemic, the Government decided not to renew the state of emergency. However, as from May 1st we should enter a new phase: the state of calamity. We highlight the main aspects and differences between the state of emergency and the state of calamity: A state of calamity can be declared in the event of serious accidents or disasters causing ?high material damage and, possibly, victims?, affecting the population and the economy ?in areas or the entire national territory?; The state of calamity allows for exceptional measures to be adopted, but unlike the state of emergency, it does not suspend rights, freedoms or guarantees; In a state of calamity, rights such as the right of resistance or the right to strike or other limitations to workers? rights are no longer suspended; A state of emergency is declared by the President of the Republic. A state of calamity is officially declared by the Government; While the state of emergency lasts for 15 days (with the possibility of renewal, as has been happening), the state of calamity has no time limit. However, the measures must be set out in a resolution of the Council of Ministers, which should refer to the timeframe and territorial scope, as well as the coordination structure and resources. That being said, during the duration of the state of calamity, the Government may: Prohibit gatherings on the public highway; Impose limits on circulation between the municipalities most affected by the pandemic and which are furthest behind in the deconfinement plan; Strongly recommend that all citizens wear community masks on public roads; Secure sanitary fences; Limit events of a family nature (such as weddings, christenings and others). For more information please contact us at jcg@ccsllegal.com   05/04/2021 The diploma that provides for the reopening of courts and the end of the suspension of judicial deadlines as of April 6th was published. The courts had been closed and the deadlines suspended since January 22nd. The trials and examination of witnesses shall take place in person, if necessary in a different location from the court, or through videoconference; The parties involved who are over 70 years of age, immunosuppressed or chronically ill, are not obliged to travel to court and must be heard by videoconference; the presence of the accused is guaranteed in the instructive debate and in the trial session when statements are made by the accused and the testimony of witnesses; In the case of criminal proceedings, the hearing of defendants, witnesses and parties is always in person; It will be up to the courts to define how they carry out judicial acts according to the rules defined by the DGS, such as the maximum limit of people in the buildings; During the pandemic, the time limit for presenting the debtor for insolvency, the judicial transfer of the family home, the transfer of the rented premises, as well as the limitation and prescription periods for all these processes remain suspended. For more information please contact us by email: jcg@ccsllegal.com   31/03/2021 The validity of Decree-Law no. 79-A/2020, of October 1st, was extended until December 31st, 2021. The diploma lays down the rules for reorganisation and minimisation of risks in the context of labour relations with a view to preventing the transmission of the COVID-19 disease. To this end, the diploma establishes the implementation of delayed entry and exit times for workers in workplaces with 50 or more workers, in order to avoid gatherings of people during presential work, as well as in what concerns remote working. Click HERE to access the diploma.   24/03/2021 The Government presented new measures to support the economy and employment due to the restrictions imposed by the Covid-19 pandemic. The measures are mainly targeted at companies whose activity has been particularly affected by the confinement. Extension to three months of extraordinary support for artists, authors, technicians and other cultural professionals The Government informed that the support of ? 438,81 for culture workers will be extended until May. The Government also presented the criteria defined for the distribution of the funds from the Garantir Cultura programme, totalling 42 million euros. This amount includes financial reinforcements for museums, the book sector and non-professional artistic structures. Companies may submit VAT in instalments Quarterly VAT for the months of February and May can now be paid in three or six interest-free monthly instalments for all businesses and self-employed workers, regardless of their size or turnover shortfall. Monthly VAT for the months of January to June, can now be paid in three or six interest-free instalments for micro-enterprises with a 25% shortfall in turnover (2020 compared to 2019) This last measure will be extended in February to small and medium-sized enterprises and all businesses in the catering, accommodation and culture sectors. This measure will also be extended from March to June for companies in the catering, accommodation and culture sectors and SMEs in other sectors with a 25% turnover shortfall (2020 compared to 2019). Tax enforcement proceedings The following measures were established in this context: Two-month grace period for the payment of instalment plans; Instalment plans already in progress may now include debts relating to the period between January and March; Extension of plans, including automatic ones, made in the voluntary collection phase to other taxes (and not only to IRS and IRC). Income taxes The following measures were announced: IRS and IRC withholdings relating to the months of March to June: delivery in three or six instalments without for all catering, accommodation and cultural businesses, as well as small and medium-sized enterprises with a drop in turnover of more than 25%; 1st and 2nd payments on account for July and September: delivery in three instalments for all small and medium-sized enterprises. Micro-enterprises may limit the 2nd payment on account by 50%.; IRC self-assessment: delivery in four instalments, between May and August for all small and medium-sized companies, with a minimum value of 25% in the first month. Retoma Progressiva programme The programme was extended until September 2021. Announced additional contributory support for Tourism and Culture, in the following cases: Break in turnover < 75%: contributory exemption. Turnover loss > 75%: extension to large companies of the 50% contribution reduction. Simplified Lay-off Extension to managing partners. Extension to companies affected by interruption of supply chains, suspension or cancellation of orders and situations in which more than half of the turnover in the previous year was made from activities currently subject to the closure duty. Apoiar programme Programme launched in late 2020 extended until the end of March. Reopening of applications for a period of one week. Inclusion of more sectors, such as bakery, pastry and pyrotechnic articles manufacturing. Increase of the maximum limits of support by 50%, for companies with a drop in turnover of more than 50%, with retroactive effect. Rent support programme Extension to operating leases. Applications from March 25th 2021. Click HERE and HERE to access the diplomas.   18/03/2021 Given the worsening of the epidemiological situation registered at the beginning of this year and considering the difficulties of citizens in renewing or obtaining relevant documents to the exercise of rights, as a result of the closure of the services, the Government has decided to extend the requirement for public authorities to accept the display of documents whose validity has expired. In this regard, Decree Law No. 22-A/2021 was published and it extends the deadlines and establishes exceptional and temporary measures in the context of the Covid-19 disease pandemic. The Government has decided to extend until December 31st, 2021 the admissibility of certain documents, such as medical certificates to evaluate incapacity that expire in 2021, citizen cards, certificates and certificates issued by the registration and civil identification services, documents and visas related to staying in national territory, licenses and authorisations, as well as family ADSE beneficiary cards. At the corporate level, it was decided: To extend the deadline for approval and posting of the holiday map until 15 May 2021; Waive the annual confirmation of the information contained in the Central Register of the Actual Beneficiary during the year of 2021, regardless of the date on which the beneficial ownership declaration was made and provided that no fact has occurred that determines a change in the information contained therein; Notwithstanding the possibility of holding general meetings by telematic means under the terms of the law, provision is also made for the possibility that the general meetings of companies, cooperatives and associations, which must be held by legal or statutory requirement, may be held until June 30th, 2021 or, in the case of cooperatives and associations with more than 100 cooperative members or members, until September 30th. In the restaurant sector: Since restaurants, during this suspension period, may only operate for the purposes of preparation for consumption outside the establishment through home delivery, at the door of the establishment or at the wicket, it has been decided to extend the period available to catering and beverage service providers to adapt to the provisions of Law No. 76/2019 of September 2nd, which determines the non-use and non-availability of single-use plastic tableware in the activities of the catering and/or beverage sector and in retail trade. Click HERE to access the diploma.   22/02/2021 The Government published a diploma in which a set of support measures in the context of the suspension of presential school activities were established. The diploma provides that workers that are now working from home may choose to interrupt their activity in order to provide family support, benefiting from the exceptional family support in the following situations: a) their household is single parent during the period of custody of the child or other dependent, who is entrusted to them by judicial or administrative decision of entities or services legally competent for that purpose; b) their household includes, at least, one child or other dependent, who is entrusted by judicial or administrative decision of entities or services legally competent for that purpose, who attends social equipment for early childhood support, pre-school or primary school establishments; c) their household includes at least one disabled dependent, with a proven disability of 60% or more, regardless of age. The diploma will come into force on February 23rd, 2021. Click HERE to access the diploma.   18/02/2021 On 17 February 2021, the Portuguese Tax Authorities have published a circular which extends the deadline for the submission of VAT returns, as follows: VAT returns with monthly periodicity Deadline for submission December 2020 February 24, 2021 January 2021 March 22, 2021 February 2021 April 20, 2021 March 2021 May 20, 2021   VAT returns with quarterly periodicity Deadline for submission 4th quarter of 2020 February 24, 2021 1st quarter of 2021 May 20, 2021 Moreover, the deadline for payment of the tax has also been extended, in the following terms: VAT returns with monthly periodicity Deadline for payment December 2020 March 1, 2021 January 2021 March 25, 2021 February 2021 April 26, 2021 March 2021 May 25, 2021   VAT returns with quarterly periodicity Deadline for payment 4th quarter of 2020 March 1, 2021 1st quarter of 2021 May 25, 2021 Click HERE to access the circular.   02/02/2021 Order no. 26-A/2021, published on February 2nd, introduces the first amendment to Order no. 91/2020, which defines, pursuant to the provisions of paragraph 2 of Article 3 of Law no. 4-C/2020, an exceptional regime for situations of late payment of rents in view of the epidemiological situation caused by COVID-19. This regime has experienced some amendments in face of the evolution of the pandemic situation and its effects on the economic and social domains. This Order alters articles 1, 2, 3, 4, 5, 6, 7 and 8 of Order 91/2020. We highlight the reduction from 35 % to 30 % of the tenants? effort rate regarding rent payment. Click HERE to access the diploma. Law no. 4-B/2021 and Law no. 4-A/2021 which establish relevant measures to combat the epidemiological infection by COVID-19 and its effects on citizens, companies and public and private entities were published on February 1st. Law no. 4.º-B establishes the suspension of deadlines for the practice of non-urgent cases, other jurisdictions, arbitration courts, the Public Prosecutor?s Office, Justices of Peace courts, alternative dispute resolution entities and tax enforcement entities. The diploma provides that non-urgent proceedings before higher courts will continue to be conducted where conditions exist to ensure that procedural acts are carried out by means of appropriate distance communication. Proceedings and acts deemed urgent by law or by decision of the judicial authority shall continue without suspension or interruption of time limits, which shall include proceedings for the defence of rights, freedoms and guarantees damaged or threatened with damage by any unconstitutional or illegal measures. The diploma comes into force today and takes effect on January 22nd, 2021, without prejudice to the judicial proceedings already taken and practiced in the meantime. Click HERE to access the diploma. On the other hand, Law no. 4-A/2021 establishes interpretative rules that clarify the exceptional regime applicable to contracts for the operation of real estate for commerce and services in shopping centres, provided for in article 168.º-A of Law no. 2/2020, as amended by Law no. 27-A/2020: · To clarify that the scheme applies for the period from 13 March to 31 December 2020; · Which expression ?shopping centres? for these purposes should be interpreted so as to cover all undertakings within the meaning of the definition provided for in Article 2, paragraph m), of the legal regime for access to and exercise of activities in commerce, services and restaurants, approved in annex to Decree-Law no. 10/2015 of January 16th. This law takes effect since July 25th of 2020. Click HERE to access the diploma. 01/02/2021 The Parliament approved on January 29th the draft law on the suspension of deadlines before the courts, which was promulgated today by the President of the Republic. This draft law decree establishes the suspension of deadlines for the practice of non-urgent cases, other jurisdictions, arbitration courts, the Public Prosecutor?s Office, Justices of Peace courts, alternative dispute resolution entities and tax enforcement entities. The diploma provides that non-urgent proceedings before higher courts will continue to be conducted where conditions exist to ensure that procedural acts are carried out by means of appropriate distance communication. Proceedings and acts deemed urgent by law or by decision of the judicial authority shall continue without suspension or interruption of time limits, which shall include proceedings for the defence of rights, freedoms and guarantees damaged or threatened with damage by any unconstitutional or illegal measures. The diploma will come into force the day after its publication and takes effect on January 22nd, 2021, without prejudice to the judicial proceedings already taken and practiced in the meantime.   29/01/2021 The Government approved new restrictive measures in context of the extension of the state of emergency decreed by the President of the Republic. The new measures will apply throughout the period of extension of the state of emergency, from 00:00 of January 31st and 11:59pm of February 14th, without prejudice to further renewals. The main changes introduced are: Suspension of all educational establishments until February 5th; these activities will be resumed from February 8th on a non-attendance basis; Limitation to the movements of portuguese citizens out of the continental territory, carried out by any means, without prejudice to the exceptions foreseen in the decree; Therapeutic support can be provided in person in special educational establishments and schools, when necessary; Control of persons at land borders; Possibility of suspension of flights and determination of mandatory confinement of passengers on arrival; Possibility that health care institutions of the National Health Service may, exceptionally, engage, for a period of up to one year, holders of academic degrees conceded by foreign higher education institutions in the fields of medicine and nursing. Click HERE to access the diploma.   21/01/2021 In face of the escalating epidemic situation in the country and having reached a record number of infections and deaths, the Government has decided to implement the following measures: Closure of kindergartens, schools and universities for a period of 15 days (the closure will, in practice, be a holiday period which will later be compensated); In the higher education sector, it is up to each university to decide whether to adjust the schedule of exams and assessments; Childcare schools are kept open for children under 12 whose parents from specific groups (such as health professionals, firemen and security forces, among others) have to work; Closure of citizens? advice bureaux; Suspension of deadlines for all non-urgent cases before the courts; Parents will have justified absences from work (if they are not working from home) and the same support as was given in the first phase of the confinement, which corresponds to 66% of remuneration. These additional measures will enter into force on Friday, January 22nd, and will be revaluated within 15 days. Click HERE to access the diploma   19/01/2021 The Government decided to strengthen some of the measures adopted in the context of this lockdown period. The following restrictive measures have been implemented: · Establishments close at 8pm on weekdays and 1pm at weekends (with the exception of food retail, which at weekends can be open until 5pm); · No sale or delivery to the wicket in any establishment in the non-food sector (e.g. clothing shops); · No sale to the wicket of any kind of beverage; · Restaurants in shopping centres are closed, even the takeaway services; · All sales campaigns promoting displacement and concentration of people are prohibited; · Ban on movement between municipalities on the weekends; · No concentration in public spaces, where you can circulate but not stay (e.g. public parks) · Prohibition to stay in riverside front areas, with reinforced signs of prohibition to stay in seats, sports equipment and others; · Senior universities, day centres and social centres are closed. The Government also stated that these measures will be followed by the strengthening of the supervision of the Working Conditions Authority (ACT) and the security forces, which will have increased presence on the public road, namely in the immediate surroundings of schools.   18/01/2021 1. Simplified lay offs Companies which temporarily close as a result of the new measures implemented by the government to combat COVD-19 may again resort to simplified lay-offs. The novelty of the application of this scheme lies in the value of the wage compensation: the amount to be paid by the social security is increased, to the extent necessary, up to the value of the gross normal pay of the worker, with the ceiling of 3 national minimum wages. 2. Retoma Progressiva This support had been scheduled to last until the end of 2020 and was extended until 30th of June 2021. This support is eligible to companies considered to be in a ?business crisis situation?, i.e. companies with a fall in turnover of 25% or more in the month immediately preceding the month to which the initial application an extension of the support relates, compared to the same month in 2019 or2020 or the average of the six months preceding that application. Companies in business crisis may reduce the normal working period of all or some workers. The reduction is up for one month, extendable monthly until 30th of June 2021.The following measures have been implemented: · Exemption from the payment of 50% of the social security contributions of the covered workers; · Support for the remuneration of workers covered by the part of the reduction of the normal working period; · Extension to members of statutory bodies. Click HERE to access the diploma. 3. Apoiar programme The Government has decided to strengthen and accelerate Apoiar programme, based on the potential impact of the new lockdown on the national economy. The programme will now cover the turnover losses of companies registered in the fourth quarter of 2020 and the first quarter of 2021. Among the measures adopted, there will also be an advance for the first quarter of 2021, whose value will be indexed to the support to which each company is entitled for the fourth quarter of 2020. Companies that have already benefited from the first tranche of support will be able to apply for payment of the second tranche immediately. Furthermore, the maximum amount payable to each company will be increased. The limits will continue to vary according to the company?s classification: · Microenterprises: from EUR 7,500 to EUR 10,000; · Small enterprises: from EUR 40,000 to EUR 55,000; · Medium and large enterprises: EUR 135,000. Click HERE to access the diploma. 4. Support for the maintenance of jobs for micro-enterprises A support from the IEFP, equivalent to two minimum wages per covered worker, is also envisaged for microenterprises that meet the following requirements: · A break in turnover of 25% or more; · Have benefited from simplified layoff or extraordinary phase-in support. --- ## Amendment to the new IRS tax return URL: https://ccsllegal.com/2021/01/18/amendment-to-the-new-irs-tax-return/ Amendment to the new IRS tax return An amendment to the new IRS tax return and its annexes was published today. The income tax return forms and annexes had already been revised by Ordinance No. 8/2021, of 7 January, in accordance with the legal updates that occurred during 2020. Click HERE to access the diploma. For more information please contact us at jcg@ccsllegal.com. [Photo by: Bernard Tuck, available at unsplash.com] --- ## New corporate income tax return approved URL: https://ccsllegal.com/2021/01/12/new-corporate-income-tax-return-approved/ New corporate income tax return approved The Secretary of State of Tax Affairs issued an order in which a new corporate income tax return (Model 22) was approved. This new corporate income tax return is intended to improve the existing forms and adapt them to the newest changes in the corporate income tax regime. Click HERE to see the order. For more information please contact us at jcg@ccsllegal.com [Photo by: Kelly Sikkema, available at unsplash.com] --- ## Covid 19 Impact on taxes: new relief measures approved URL: https://ccsllegal.com/2021/01/12/covid-19-impact-on-taxes-new-relief-measures-approved/ Covid 19 Impact on taxes: new relief measures approved Considering the coronavirus outbreak the Secretary of State of Tax Affairs and Social Security issued a joint order in which measures were adopted destined at relieving the tax pressure. The following measures have been adopted: ? suspension of tax enforcement proceedings in progress or to be initiated by the Tax and Social Security Authorities between January 1 and March 31, 2021; ? suspension of ongoing instalment plans regarding debts to Social Security which are not part of the enforcement proceedings (without prejudice to their continued fulfilment at the debtor?s initiative); ? Tax Authorities prevented from setting up guarantees in the context of tax enforcement proceedings during the above-mentioned period; ? Tax authorities prevented from offsetting the debtor?s credits resulting from reimbursement, proceedings for review, administrative complaint or judicial appeal on the debtor?s debts; ? Suspension of the statute of limitation in respect of tax enforcement proceedings in progress or to be initiated. Click HERE to see the order. For more information please contact us at jcg@ccsllegal.com [Photo by: Owen Vachell, available at unsplash.com] --- ## Last amendments to the special regime for protection of tenants and to the special regime in regard to delays in the payment of rents within urban residential and non-residential leases URL: https://ccsllegal.com/2021/01/07/last-amendments-to-the-special-regime-for-protection-of-tenants-and-to-the-special-regime-in-regard-to-delays-in-the-payment-of-rents-within-urban-residential-and-non-residential-leases/ Last amendments to the special regime for protection of tenants and to the special regime in regard to delays in the payment of rents within urban residential and non-residential leases On December 30th 2020, the Law no. 75-A/2020 of 30th of December was published and has established some changes to the special regime for protection of tenants and to the special regime in regard to delays in the payment of rents within urban residential and non-residential  leases. The above mentioned diploma has amended the special regime for protection of tenants, extending until June 30, 2021 the suspension of the consequences of the termination and opposition to the renewal, by the landlord, of residential and non-residential lease agreements, as well as the ones related with the expiry of the same. This extension is also applicable to the suspension of the effects related with the elapsing of the 6-month deadline (established in art. 1053.º of the Civil Code) if it ends while the exceptional measures adopted under the pandemic are in force, as well as to the suspension of the possibility of enforcing mortgages over properties that constitute the permanent residency of the debtors. As it was established in previous diplomas, the applicability of this suspension depends on the regular payment of the rents during the same, unless the tenant is benefiting from the rent payment deferral regime (set forth in articles 8.º or 8.º-B of the Law no. 4-C/2020, of 6th of April, on exceptional protection measures for tenants). Besides the extension of the deadline for the protection of the tenants, this new diploma has given special emphasis to the protection of tenants of non-residential leases concerning establishments that, due to legal or governmental directives, were closed on March 2020 and which remain closed on January 1st 2021. In these cases, the duration of the contract is extended for a period equivalent to the time during which the establishment was closed, but never for less than 6 months counting from the reopening date. It is relevant to highlight that the extension supra identified ceases if, at any time, the tenant expresses to the landlord that he does not intend to benefit from the same, or if he fails the payment of any rent due from the date of reopening of the establishment unless he is covered by the deferral regime already identified. With reference to the special regime in regard to delays in the payment of rents, a special attention was also given to the protection of tenants whose establishments have been closed in March 2020 and which on January 1, 2021 remain closed ? not being herein included the establishments which are part of commercial complexes that on 2021 will benefit from a reduction or a discount in the fees due. In accordance with the most recent provisions on this matter, these tenants are entitled to: a) Request the deferral of the payment of the rents due and deferred in 2020, for the period starting on January 1st 2022 and ending on December 31st This payment will be settled 24 consecutive instalments, in an amount corresponding to the division of the total amount due by 24; b) Request the deferral of the payment of the rents due in 2021, and that correspond to the months in which the establishments are closed. The same must be settled in the terms established in the previous paragraph. The tenants that intend to benefit from this regime, must inform the respective landlords, until January 20, 2021 being the effects of this communication retroactive to January 1, 2021. Upon this request, landlords may apply for a loan with reference to the rents of 2020 and 2021, which are due and not paid. Also, with regard to non-residential leases, a support program is created according to which tenants who have suffered a loss of between 25% and 40% in 2020, may receive a capital aid amounting to 30% of their rent, with a limit of ? 1,200 per month, and the ones who have suffered loss exceeding 40%, can receive a support equivalent to 50% of their rent, with a maximum limit of ? 2,000 per month. With reference to residential leases, the requirement for the level of effort for the household income is reduced from 35% to 30%. Click HERE to see the diploma. [Photo by: CHUTTERSNAP, available at unsplash.com] --- ## Forms to comply with the IRS tax return approved URL: https://ccsllegal.com/2021/01/07/forms-to-comply-with-the-irs-tax-return-approved/ Forms to comply with the IRS tax return approved Ordinance No. 8/2021, published today, approves the forms to be used to comply with the annual IRS tax return (tax declaration form 3 and annexes), updated in accordance with legal amendments introduced during 2020. Click HERE to see the diploma. For more information please contact us at jcg@ccsllegal.com [Photo by: Romain Dancre, available at unsplash.com] --- ## Brexit and the transitional regime for the provision of financial services based in the United Kingdom URL: https://ccsllegal.com/2020/12/23/brexit-and-the-transitional-regime-for-the-provision-of-financial-services-based-in-the-united-kingdom/ Brexit and the transitional regime for the provision of financial services based in the United Kingdom With the end of the transitional period on the withdrawal of the United Kingdom from the European Union on 31 December 2020, EU law will no longer be applicable in the United Kingdom, including the European regime that allows credit institutions, investment firms and the management companies of collective investment schemes established in the United Kingdom to render its services under the freedom to provide services to investors in other Member States. Instead, the general regime applicable to entities based in third countries will be applicable to these entities. In order to ensure an adequate transition of regimes, Decree-Law No 106/2020 of 23 December establishes a transitional regime that allows credit institutions, investment firms and the management companies of collective investment schemes established in the United Kingdom which are currently authorised to provide investment services and activities or services relating to collective investment undertakings in Portugal, to continue to do so on a transitional basis until 31 December 2021. During the transitional period, these entities will have to terminate ongoing contracts and associated investments or, if they intend to continue to operate in Portugal, to begin the necessary authorisation procedures, notification or communication to the competent Portuguese authorities. This Decree-Law also establishes that insurance contracts covering risks situated on Portuguese territory or for which Portugal is the Member State of the commitment, whose insurer is an insurance company with its head office in the United Kingdom, will remain in force until their term. However, they cannot be extended or amended, except to the benefit of the policyholder or if the amendment stems from the application of a mandatory legal rule. Click HERE to access the Decree Law. For more information, please contact us at mac@ccsllegal.com [Photo by: Tom Athawes , available at unsplash.com] --- ## Extraordinary Process for Business Viability URL: https://ccsllegal.com/2020/12/23/extraordinary-process-for-business-viability/ Extraordinary Process for Business Viability The recent Law 75/2020 created the Extraordinary Business Viability Process (hereinafter refered to by its Portuguese initials, PEVE). This new procedure is one of the business support mechanisms provided for in ?Programa de Estabilização Económica e Social? (PEES), a plan by the Portuguese Government to respond to the economic and social difficulties caused by Covid-19. PEVE is a pre-insolvency procedure of urgent nature and is aimed at businesses which have been shown to be in a difficult economic situation or in an imminent or current state of insolvency as a result of the COVID-19 pandemic, but which are still likely to become viable. Essentially, these are companies which are structurally viable, however have suffered adverse economic consequences as a result of the pandemic. It should be noted that this process has priority over other urgent procedures, such as insolvency and the ?Processo Especial de Revitalização? (PER). To apply in court for de PEVE procedure, companies must demonstrate that, on 31st  December 2019, the company?s liabilities did not exceed its assets. If liabilities exceed the company?s assets, the access to the PEVE may still be allowed if the company has managed to regularize its financial situation under the transitional provisions allowing the use of the RERE by businesses in a situation of insolvency, provided they have deposited the restructuring agreement in time. PEVE procedure starts with the submission of the application by the company to the competent court, accompanied by a ?Viability Agreement? drawn up between the company and the creditors. This feature makes PEVE more attractive than PER procedure, since the credit claim phase does not exist in this procedure, making it a simpler and faster process. A Transitional Administrator (Administrador Judicial Provisório ? AJP) is subsequently appointed. The AJP is responsible for informing Tax and Customs Authority, the Social Security Institute, I.P. and the Social Security Financial Management Institute, I.P. that the PEVE procedure is pending, authorizing acts of special relevance to the company and also issuing an opinion on whether the agreement with the creditors offers reasonable prospects of ensuring the viability of the company. The AJP?s opinion will then be the basis for the judge?s decision on whether to approve or reject the agreement. The report issued by the AJP is a novelty as it does not exist in the PER procedure. The approval of the agreement binds the company, the creditors signing the agreement and the creditors in the list of creditors, even if they did not participate in the extrajudicial negotiation, in respect of the claims arising at the time of the decision. Creditors not included in the list of creditors have 30 days from the date of publication of the decision that approves the agreement ? in the Digital Services Area of the Courts, accessible at https://tribunais.org.pt ?  in order to, by a mere declaration, express in the file their intention to adhere to the ratified agreement. As in PER and Insolvency procedures, PEVE maintains the principle that tax and social security debts are nonnegotiable (with exception of interest rates), and the general system of instalment payments is maintained. PEVE procedure may only be used once. When it ends, the company cannot use this procedure again. The law is in force until December 31 st, 2021, with the possibility of extension by government decree. Click HERE to acess the law. For more information please contact us at: hbf@ccsllegal.com [Photo: nrd, available at unsplash.com] --- ## In this special year, the team at CCSL Advogados wishes you Happy Holidays and a joyful 2021 URL: https://ccsllegal.com/2020/12/17/in-this-special-year-the-ccsl-team-wishes-you-happy-holidays-and-a-joyful-2021/ In this special year, the team at CCSL Advogados wishes you Happy Holidays and a joyful 2021 --- ## CCSL Advogados distinguished in the areas of Corporate Tax, Real Estate and Corporate /M&A by Leaders League ? 2021 Edition URL: https://ccsllegal.com/2020/12/15/ccsl-advogados-distinguished-in-the-areas-of-corporate-tax-real-estate-and-corporate-ma-by-leaders-league-2021-edition/ CCSL Advogados distinguished in the areas of Corporate Tax, Real Estate and Corporate /M&A by Leaders League ? 2021 Edition Leaders League has released the ranking of the best lawyers in Portugal in the areas of Banking & Finance, Bankruptcy, Restructuring & Insolvency, Corporate Tax, Private Equity, Corporate/M&A, and Real Estate Transactions. CCSL is distinguished in the category of Recommended in the areas of Corporate Tax, Real Estate and Corporate/M&A. Leaders League is an international directory that bases the results of its rankings on questionnaires to clients, external entities and lawyers in each jurisdiction.   For more information click here.   Advocatus news article. --- ## Mariana Alves de Melo URL: https://ccsllegal.com/team/mariana-alves-de-melo/ Mariana Alves de Melo Associate Mariana´s experience include real estate, corporate, foreign investment and immigration matters supporting the firm?s clients in multiple sectors and operations. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Mariana worked as a junior associate at EDGE International Lawyers, where she completed her professional internship. At CCSL Advogados, Mariana focuses on real estate and regulatory law. Academic Background Mariana holds a degree in Law from University of Coimbra ? School of Law since 2015, and a Master in Corporate and Business Law from Católica University ? Porto School of Law since 2017. Expertise Mariana is a full member of the Portuguese Bar Association and speaks fluent Portuguese and English. E-mail Contact: mam@ccsllegal.com --- ## Partners of CCSL Advogados distinguished by The Best Lawyers, in the new 2021 edition. URL: https://ccsllegal.com/2020/11/19/best-lawyers-highlights-partners-of-ccsl-advogados-2/ The prestigious directory has distinguished three Partners of CCSL Advogados. José Calejo Guerra was referred in the Tax Law area, João de Lemos Portugal for Real Estate Law and Mafalda de Almeida Carvalho for Project Finance and Development Practice in the 11th Edition of The Best Lawyers in Portugal. The Best Lawyers is one of the oldest international rankings in the legal market and disclosed the results of the 2021 Edition. The US directory distinguishes the best lawyers from several jurisdictions based on the opinion and voting of peers and clients. You can verify the list of distinguished lawyers and law firms here: --- ## Public Consultation of Banco de Portugal URL: https://ccsllegal.com/2020/11/04/public-consultation-of-banco-de-portugal/ Public Consultation of Banco de Portugal Banco de Portugal started a public consultation on 29 October on the new Banking Code (the ?CAB?), which is to replace the Legal Framework of Credit Institutions and Financial Companies (?RGICSF?). This amendment aims, among others, to transpose certain European directives into Portuguese law, and to reorganize the dispositions of the RGICSF and implement certain amendments to the regime, such as the concept of credit institution, having a single type of financial company, exchange offices and mutual guarantee companies not being considered as financial companies and an autonomous regime for investment companies. Contributions shall be submitted by 4 December 2020, by email to regulacao@bportugal.pt. Click HERE access the preliminary draft. For more information, please contact us at mac@ccsllegal.com [Photo: Etienne Martin, available at: unsplash.com] --- ## Hugo Baptista Falcão is the new partner of CCSL Advogados URL: https://ccsllegal.com/2020/10/23/hugo-baptista-falcao-is-the-new-partner-of-ccsl-advogados/ Hugo Baptista Falcão is the new partner of CCSL Advogados CCSL Advogados announces the reinforcing of its team and its focus on Corporate Litigation, Insolvency and Restructuring, with the integration of partner Hugo Baptista Falcão. The new partner of the boutique law firm moves from Telles Advogados, where he worked for 12 years, to Sunil Tacker & Associates, in Dubai. ?Hugo?s integration is part of the firm?s strategy of sustained growth and investment in an area of practice that we thought should be developed, which ended up occurring with a change in the economic climate that predicts an increased need to respond in these areas,? says managing partner José Calejo Guerra. For Hugo Baptista Falcão, who joins partners José Calejo Guerra, João de Lemos Portugal, Mafalda Almeida Carvalho and João Diogo Stoffel, ?joining CCSL means being part of a project that I consider to be innovative and of quality, with lawyers of the new generation, with whose personal values and ways of being in law I identify and with whom I will work with great enthusiasm. I?m very happy to be part of a project that, although recent, has assumed its relevance in business advocacy?. With the entry of the new partner, CCSL Advogados now has a team of eleven lawyers. Links to press releases: Iberian Lawyer news article Leaders League news article Advogar news article Expresso Economia news article Jornal Económico news article --- ## Best Lawyers highlights partners of CCSL Advogados URL: https://ccsllegal.com/2020/10/09/best-lawyers-highlights-partners-of-ccsl-advogados/ The partners of CCSL Advogados João de Lemos Portugal, José Calejo Guerra and Mafalda Almeida Carvalho were recognized, for the second consecutive year, as leading lawyers in the edition of Best Lawyers Global Business Edition, the prestigious international ranking dedicated to corporate law, in the areas of Real Estate, Tax and Project Finance and Development Practice, respectively. For more information click here. --- ## Hugo Baptista Falcão URL: https://ccsllegal.com/team/hugo-baptista-falcao/ Hugo Batista Falcão Partner Hugo specialises in civil, criminal, and corporate law. Considering his experience, Hugo´s work features a strong judicial component, advising and assisting national and foreign clients in numerous corporate and contractual disputes, as well as in several economic crime cases. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Hugo is specialised in corporate, civil, and criminal litigation. Before joining CCSL as a partner, Hugo was a Senior Associate at Telles Advogados, with over 12 years of experience. Hugo was also a foreign associate at Sunil Tacker & Associates? office in Dubai. At CCSL Hugo is responsible for the Litigation area. Academic Background Hugo holds a law degree from the University of Lisbon ? School of Law (2008) and a post-graduate degree in M&A and Corporate Litigation. Expertise Hugo leads the firm?s Litigation practice. He is a full member of the Portuguese Bar Association and speaks fluent Portuguese, English, and French. E-mail Contact: hbf@ccsllegal.com --- ## CCSL Advogados highlighted in the “Forty under 40” 2020 shortlist for the Iberian Lawyer URL: https://ccsllegal.com/2020/10/01/ccsl-advogados-highlighted-in-the-forty-under-40-2020-shortlist-for-the-iberian-lawyer/ CCSL partners José Calejo Guerra and Mafalda Almeida Carvalho were nominated as finalists in the individual categories of Tax and M&A, respectively. CCSL?s Tax and M&A teams also appear on the list of finalists in the respective categories. http://www.iberianlawyer.com/awards-menutop/40-under-forty-awards/10121-welcome-to-iberian-lawyer-40-under-forty-awards-2020#finalists --- ## CCSL Advogados was distinguished in the prestigious annual World Tax – ITR URL: https://ccsllegal.com/2020/09/29/ccsl-advogados-was-distinguished-in-the-prestigious-annual-world-tax-itr/ CCSL Advogados was distinguished in the prestigious annual World Tax ? ITR, as a notable firm within the categories of private client, indirect tax, tax controversy (Tier 2), and general corporate tax (Tier 4). https://www.itrworldtax.com/Jurisdiction/Portugal/Rankings/72#rankings CCSL?s managing partner José Calejo Guerra was once again recognized as a tax leader and highly regarded in tax controversy in the annual World Tax. https://www.itrworldtax.com/Lawyer/CCSL-Advogados/Jose-Calejo-Guerra/Profile/1291#profile   --- ## José Calejo Guerra was distinguished in the prestigious annual World Tax URL: https://ccsllegal.com/2020/09/23/jose-calejo-guerra-was-distinguished-in-the-prestigious-annual-world-tax-for-2021/ José Calejo Guerra was distinguished in the prestigious annual World Tax CCSL?s managing partner José Calejo Guerra was once again recognized as a tax leader and highly regarded in tax controversy in the prestigious annual World Tax for 2021.                   https://www.itrworldtax.com/Lawyer/CCSL-Advogados/Jose-Calejo-Guerra/Profile/1291#profile --- ## Pre-emption right for tenants in the transfer of dwellings declared unconstitutional URL: https://ccsllegal.com/2020/07/10/pre-emption-right-for-tenants-in-the-transfer-of-dwellings-declared-unconstitutional/ Pre-emption right for tenants in the transfer of dwellings declared unconstitutional The Constitutional Court, on the grounds of violation of Article 62 of the Constitution of the Portuguese Republic, declared the unconstitutionality with general binding force of the rule contained in Article 1091(8) of the Portuguese Civil Code. This rule was established by Law no. 64/2018, of 29 October, which, among other amendments, added paragraphs 8 and 9 to Article 1091 of the Civil Code, introducing a special regime of pre-emption rights of the tenant in lease agreements for housing purposes, where the building is not divided in different autonomous units under the horizontal property (strata title) regime. The Constitutional Court concluded, as grounds for the declared unconstitutionality, that this special regime of preference contained in paragraph 8 of article 1091 of the Civil Code, excessively sacrifices the right to freely transfer the building. Moreover, the Court also found the regime does not meet the objective to provide housing stability as granting a quota in a building does not allow immediate access to full ownership of the leased unit nor does co-ownership guarantees stability in the dwelling. Click HERE to access the article. For more informations please contact us at jlp@ccsllegal.com [Photo: Etienne Girardet, available at: unsplash.com] --- ## Investment Fund Management Companies and Securitisation Fund Management Companies ? Amendments to the Sanctions Regimes URL: https://ccsllegal.com/2020/07/09/investment-fund-management-companies-and-securitisation-fund-management-companies-amendments-to-the-sanctions-regimes/ Investment Fund Management Companies and Securitisation Fund Management Companies ? Amendments to the Sanctions Regimes Law no. 25/2020 was published on 7 July, introducing amendments to the rules on sanctions applicable to investment fund management companies and to securitisation fund management companies. The amendments are substantially related to the clarification of CMVM?s role, the inclusion of new illicit facts which may constitute an administrative offence and the provision for new accompanying sanctions. The new rules on sanctions resulting from these amendments come into force on 8 July. Click HERE to access the diploma. For more information please contact us at: mac@ccsllegal.com [Photo: Rupixen, available at: unsplash.com] --- ## Incentives for the purchase of rural property URL: https://ccsllegal.com/2020/06/29/incentives-for-the-purchase-of-rural-property/ Decree-Law no. 29/2020, of 20 June 2020, established the ?Emparcelar para Ordenar? Program, aimed at promoting the increase of the rustic property?s size by the respective owners through ?simple restructuring actions? as the correction of the parcel division of rural properties or of parcels belonging to two or more owners or to the acquisition of adjacent properties. This program creates two types of incentives: Credit line to support land restructuring; Non-refundable grant for the purchase of rural properties. As for the credit line to support land restructuring, the loan depends on the provision of a guarantee on the rural property and is granted for a period of 20 years, payable in annual instalments starting one year after the conclusion of the loan agreement. Moreover, the interest rate for this loan is 0,5% in case of a loan up to EUR 100.000 and 1% in case of a loan greater than EUR 100.000. Under the non-refundable grant for the purchase of rural properties the owner may receive an assistance up to 25% of the amount of the operation, as follows: Land restructuring for agricultural or forestry investment projects, supported by public incentive programs, from national or EU funds ? 15%; Restructuring for an investment project part of an integrated management action of landscape ? 15%; Young farmer or young rural entrepreneur ? 10%; Holder of family farming status ? 10%; Purchasing owner resident or based in the municipality or in a neighbouring municipality, of the acquired property ? 5%; Acquisition for conversion to agricultural purposes whose owners are resident or based in the municipality, or in a neighbouring municipality, of the acquired property ? 5%; Land restructuring linked to a project related to the specific objectives of the Landscape Transformation Program (?Programa de Transformação da Paisagem?) resulting in effective job creation ? 5%. Click HERE to see the diploma. For more information please contact us at: jlp@ccsllegal.com [Photo: Federico Respini, available at: unsplash.com] --- ## José Calejo Guerra, managing partner at CCSL, talks about the Portuguese legal market URL: https://ccsllegal.com/2020/06/16/jose-calejo-guerra-managing-partner-at-ccsl-talks-about-the-portuguese-legal-market/ José Calejo Guerra, managing partner at CCSL, talks about the Portuguese legal market You can see the full article of Advocatus below: Loading... Taking too long? Reload document | Open in new tab Download [2.00 MB] --- ## The specialised administrative and tax courts begin to operate on September 1 URL: https://ccsllegal.com/2020/05/22/the-specialised-administrative-and-tax-courts-begin-to-operate-on-september-1/ The specialised administrative and tax courts begin to operate on September 1 Ordinance no. 121/2020, published today, establishes 1 September 2020 as the date for the specialised administrative and tax courts to come into operation. This diploma follows the establishment of the specialisation in circle administrative courts and tax courts under the revision of the Administrative and Tax Courts Statute, and the subsequent setting up by law of courts of specialised competence. Click HERE to see the diploma. For more information please contact us at: jcg@ccsllegal.com [Photo: David Veksler, available at: unsplash.com] --- ## CCSL Advogados integrates Sofia Taveira da Fonseca as new lawyer URL: https://ccsllegal.com/2020/05/20/ccsl-advogados-integrates-sofia-taveira-da-fonseca-as-new-lawyer/ CCSL Advogados integrates Sofia Taveira da Fonseca as new lawyer CCSL has strengthened its team with the integration of Sofia Taveira da Fonseca in the areas of real estate and regulatory law, in addition to being part of the firm?s team responsible for monitoring pro bono matters. http://www.iberianlawyer.com/news/news/10387-ccsl-advogados-integrates-sofia-taveira-da-fonseca-as-new-lawyer http://eco.sapo.pt/2020/05/19/ccsl-advogados-reforca-a-equipa-de-associados/ --- ## CCSL Advogados was recognized as Public & Regulatory Law Firm of the Year in Portugal URL: https://ccsllegal.com/2020/05/19/ccsl-advogados-was-recognised-as-public-regulatory-law-firm-of-the-year-in-portugal/ CCSL Advogados was recognized by 2020 Global Law Experts Annual Awards CCSL Advogados was recognized by Global Law Experts on 2020 Annual Awards as ?Public & Regulatory Law Firm of the Year in Portugal? --- ## CCSL Advogados was recognized as Corporate Law Firm of the Year in Portugal URL: https://ccsllegal.com/2020/05/19/ccsl-advogados-was-recognised-by-2020-global-law-experts-annual-awards-2/ CCSL Advogados was recognized by 2020 Global Law Experts Annual Awards CCSL Advogados was recognized by Global Law Experts on 2020 Annual Awards as ?Corporate Law Firm of the Year in Portugal? --- ## CCSL Advogados was recognized as Boutique Tax Law Firm of the Year in Portugal and Tax Law Firm of the Year in Portugal URL: https://ccsllegal.com/2020/05/19/ccsl-advogados-was-recognised-by-2020-global-law-experts-annual-awards/ CCSL Advogados was recognized by 2020 Global Law Experts Annual Awards CCSL Advogados was recognized by Global Law Experts on 2020 Annual Awards as ?Boutique Tax Law Firm of the Year in Portugal? and ?Tax Law Firm of the Year in Portugal? --- ## Moratoria ? Information Duties of Credit Institutions URL: https://ccsllegal.com/2020/05/08/moratoria-information-duties-of-credit-institutions/ The information duties to be complied with by credit institutions within the scope of public and private moratoria approved in response to the COVID-19 pandemic is now regulated in the Notice of the Bank of Portugal no. 2/2020, that came into force on 7 May. According to this Notice, credit institutions are obliged to disclose to their customers the moratoria applicable to credit operations offered by them by publicising the relevant framework in a prominent place in their communication platforms. In addition, financial institutions will have to send a communication to all their customers who have contracted credit operations covered by the moratoria, informing them of the possibility of adhering to its application. Finally, it has also been established that credit institutions must ensure the clarification of doubts on the application of moratoria through a FAQ section on their website and telephone lines or through a personalised chat. Click HERE to access the diploma. For more information please contact us at: mac@ccsllegal.com [Photo: Sean Pollock, available at: unsplash.com] --- ## CCSL Advogados Partners José Calejo Guerra and Mafalda Almeida Carvalho participate in the latest issue of Iberian Lawyer magazine URL: https://ccsllegal.com/2020/05/08/ccsl-advogados-partners-jose-calejo-guerra-and-mafalda-almeida-carvalho-participate-in-the-latest-issue-of-iberian-lawyer-magazine/ CCSL Advogados Partners José Calejo Guerra and Mafalda Almeida Carvalho participate in the latest issue of Iberian Lawyer magazine. José Calejo Guerra comments the measures to mitigate the effects of COVID 19 pandemic in the Portuguese economy, with a focus on tax matters [read the article HERE] and Mafalda Almeida Carvalho shares her views on how the private investment in Portugal will evolve after the pandemic [read the interview HERE]. Click HERE for the latest issue of Iberian Lawyer. --- ## Mafalda Almeida Carvalho recognized as “Rising Star” by the Iberian Lawyer URL: https://ccsllegal.com/2020/05/08/mafalda-almeida-carvalho-recognized-as-rising-star-by-the-iberian-lawyer/ Mafalda Almeida Carvalho recognized as ?Rising Star? by the Iberian Lawyer CCSL Advogados Partner, Mafalda Almeida Carvalho, has been recognized by the prestigious magazine Iberian Lawyer as a Rising Star in the Iberian private sector. Top 50 Iberian Lawyer Rising Stars distinguishes the most outstanding lawyers up to 35 years old in Portugal and Spain. Loading... Taking too long? Reload document | Open in new tab Click HERE to see the full article. --- ## CMVM publishes rules on credit funds URL: https://ccsllegal.com/2020/04/24/cmvm-publishes-rules-on-credit-funds/ The Portuguese Securities Market Commission (CMVM) has published Regulation no. 5/2020 on 23 April, establishing the legal framework governing the granting of loans to companies by credit funds. This regulation amends Regulation no. 3/2015 on venture capital, social entrepreneurship and specialised alternative investment and comes as a consequence of the creation of the Specialized Alternative Credit Investment Bodies (?SACIB of credits? or ?credit funds?) by Decree-Law no. 144/2019 of 23 September. Accordingly, pursuant to this diploma, certain specific aspects of credit funds are regulated such as (i) the composition of the assets of credit funds, (ii) the rules of exposure per entity or group, (iii) rules for credit risk analysis, (iv) evaluation, monitoring and control of credit risk, (v) stress tests, (vi) duties related to borrowers and (vii) information that must be provided. Furthermore, this regulation establishes rules concerning the application for the authorisation of management companies of venture capital funds and venture capital investment companies, so that it is in line with the applicable regime for management companies of collective investment schemes and securitisation companies. Click HERE to access the diploma. For more information please contact us at: mac@ccsllegal.com [Photo: Austin Distel, available at: unsplash.com] --- ## Measures to support Portuguese Start-Ups URL: https://ccsllegal.com/2020/04/22/measures-to-support-portuguese-start-ups/ Measures to support Portuguese Start-Ups New measures relating to Portuguese start-ups were approved by the Council of Ministers on 21 April, in order for these entities to overcome the consequences of the Covid-19 pandemic and to continue their normal activity after this exceptional period (representing an overall support of more than EUR 25 million and an average of EUR 10,000 euros per start-up): Start-up RH Covid19 measure, under which financial support will be granted through an incentive equivalent to one minimum wage per employee, up to a maximum of 10 employees per start-up; Extension for 3 months of the previous scholarship benefit already awarded, in the amount of EUR 2,075 per entrepreneur job; The ?Incubation Voucher ? Covid-19?, applicable to recent start-ups (incorporated less than 5 years ago), through the hiring of incubation services based on a non-refundable incentive of EUR 1,500; Convertible loans in amounts between EUR 50,000 and EUR 100,000 per start-up, to be converted after 12 months at a discount rate that avoids dilution of shareholders; Portugal Ventures issuing a call for investments in start-ups, with tickets starting at EUR 50,000 (this initiative being funded through the Instituição Financeira de Desenvolvimento (IFD), Portugal Ventures and Imprensa Nacional ? Casa da Moeda); and Two support measures already in force and applicable to start-ups were revised, as follows: (i) within the 200M Fund, co-investment with private investors in Portuguese start-ups and scaleups, with a minimum amount of public funds of EUR 500,000 and a maximum of EUR 5 million, and (ii) within the co-investment fund for social innovation, the co-investment with private investors in companies with innovative projects with a social impact, with a minimum amount of public funds of EUR 50,000 and a maximum of EUR 2.5 million. For more information please contact us at: mac@ccsllegal.com [Photo: Austin Distel, available at: unsplash.com] --- ## CCSL Advogados was distinguished by The Legal 500 – 2020 Edition, in Tax category URL: https://ccsllegal.com/2020/04/16/ccsl-advogados-was-distinguished-by-the-legal-500-2020-edition-in-tax-category/ CCSL Advogados was distinguished by The Legal 500 ? 2020 Edition, in Tax category The Legal 500 is one of the most relevant ranking in the legal business, recognizing and distinguishing law firms in more than 100 jurisdictions. --- ## Changes to the deadlines for the termination of transitional tariffs for supplies of electricity and natural gas URL: https://ccsllegal.com/2020/04/08/changes-to-the-deadlines-for-the-termination-of-transitional-tariffs-for-supplies-of-electricity-and-natural-gas/ Changes to the deadlines for the termination of transitional tariffs for supplies of electricity and natural gas Following the publication of the State Budget Law for 2020, which provides for the extension of the deadlines for the termination of transitional tariffs on electricity at Standard Low Voltage to 31 December 2025, Ordinance no. 83/2020 was published on 1 April, establishing the application of the same extension to the supply of natural gas in Low Pressure by suppliers of last resort to final customers with annual consumption of 10,000 m3 or less, who do not exercise the right to switch to a free market supplier. However, in order to pursue the goal of liberalisation of the electricity and natural gas markets, the Ordinance anticipates the deadlines for the termination of the transitional tariffs applicable to Medium Voltage and Special Low Voltage electricity supplies to 31 December 2021 and 31 December 2022, respectively, and to Low Pressure natural gas supplies with annual consumption exceeding 10,000 m3 to 31 December 2022. Click HERE to access the diploma. For more information please contact us at jlp@ccsllegal.com [Photo: Rohan Makhecha, available at: unsplash.com] --- ## Covid-19 Impact on Taxes: Support and Relief Measures URL: https://ccsllegal.com/2020/04/08/covid-19-impact-on-taxes-support-and-relief-measures/ Covid-19 Impact on Taxes: Support and Relief Measures Considering the coronavirus outbreak the Portuguese Government decided to adopt a broad package of measures destined at relieving the tax pressure on families and companies. Corporate income tax return submission deadline extension The deadline for submitting the corporate income tax return for 2019, which was initially scheduled for May 31 2020, has been extended to July 31 2020. Taxpayers may submit their tax returns within the new deadline without any additional payments or penalties. Corporate income tax payment deadline extension The first special payment on account, which was due by March 31 2020, may be made until June 30 2020. The deadline for the first payment on account and first additional payment on account has been extended from July 31 to August 31 2020. Payment in instalments of taxes due on the 2nd quarter (VAT, and income withholding taxes) VAT, personal income tax withholding and corporate income tax withholding due on the 2nd quarter of 2020 may be paid in instalments without the need to provide a guarantee. The taxpayer may opt to pay in 3 monthly and successive instalments without any additional interest or in 6 monthly and successive instalments also without interest. This option applies to the following entities: companies and self-employed persons with a turnover of up to EUR 10 million in 2018; companies and self-employed persons starting their activities as from 01/01/19; companies and self-employed persons who have re-started their activity on or after 01/01/19, when they have not achieved turnover in 2018; irrespective of the above, companies in the following sectors: a) recreational, leisure and entertainment activities; b) cultural and artistic activities and sporting activities, except if destined to the activity of high performance athletes; c) activities in open spaces, public spaces, streets and private spaces of public use; d) gambling; e) catering; f) spas and equivalent. Companies and self-employed persons with a turnover of more than EUR 10 million in 2018 may also opt for the payment in instalments provided that they record a turnover decrease reported through the E-Fatura of at least 20% in the average of the 3 preceding months as compared to the same period of the previous year. The decrease in the turnover must be certified by a certified auditor or accountant. The request for payment in monthly instalments shall be submitted by electronic means until the legal deadline for the payment of the tax obligation. The monthly instalments for the benefit plans shall be due as follows: the first instalment shall be paid on the date of fulfilment of the tax obligation; the remaining instalments shall be paid on the same date of the following months. Examples: For a payment plan in 3 installments of a VAT taxable person in the quarterly VAT scheme, the payment obligations would be as follows:   For a payment plan in 3 instalments of a VAT taxable person in the monthly VAT scheme, the payment obligations would be as follows: For a payment plan in 3 instalments of income tax withholding, the payment obligations would be as follows:   Social security contributions deadline extension As regards social security the new measures also allow for the deferment of the relevant payments. This option has been made available for companies which meet the following requirements: have less than 50 employees; have between 50 and 249 workers, provided that provided that they record a turnover decrease reported through the E-Fatura of at least 20% in the average of March, April and May as compared to the same period of the previous year or, for those which started the activity less than 12 months ago, to the average of such period; have 250 or more workers, provided that they record a turnover decrease reported through the E-Fatura of at least 20% in the average of March, April and May as compared to the same period of the previous year or, for those which started the activity less than 12 months ago, to the average of such period, and are in one of the following situations: a) are a private charity or similar; b) pursue an activity that falls within of the following sectors: i) recreational, leisure and entertainment activities; ii) cultural and artistic activities and sporting activities, except if destined to the activity of high iii) performance athletes; iv) activities in open spaces, public spaces, streets and private spaces of public use; v) gambling; vi) catering; vii) spas and equivalent. c) their activity has been suspended The invoicing requisites in the cases foreseen in paragraphs 2. and 3. above shall be demonstrated by the company in July 2020, together with the certification of the company?s certified accountant. The payments of the contributions due shall be made as follows: 1/3 of the amount in the month in which it is due; the remaining 2/3 shall be paid in equal and successive instalments in the months of July, August and September 2020 or in the months of July to December, without any interest or the need to provide guarantee. Regarding the companies that have already paid in full the contributions due in March, the contributions due in April, May and June may be paid in 1/3. As for the companies that have already applied the 1/3 contributions payment in March, the same option may only be applied for the contributions due in April and May. Thus, the contributions due in June shall be paid in full. This measure is optional to employees and is not subject to prior application or approval. Non-compliance with the instalment payments results in the revocation of the benefit and of the interest exemption. Suspension of tax enforcement proceedings and payment plans Tax enforcement proceedings, as well as ongoing payment plans regarding debts to the Tax Authority and Social Security are automatically suspended at least until June 30 2020. For more information please contact us at: jcg@ccsllegal.com [Photo: Ryoji Iwata, available at: unsplash.com] --- ## Covid-19 – Late payment in rents URL: https://ccsllegal.com/2020/04/07/covid-19-late-payment-in-rents/ Covid-19 ? Late payment in rents It was published and enters into force today, with effects on April 1, 2020, Law No. 4-C/2020, establishing new measures applicable to the Real State sector due to the pandemic caused by the new coronavirus. Housing Lease The new set of measures will apply to rental contracts for housing purposes when one of the following situations occurs: A drop of more than 20% of the lessee?s household income compared to the income of the previous month or the same period of the previous year; and the level of effort of the lessee?s household, calculated as a percentage of all members? income of that household, intended for rental payment, of at least 35%; or Landlords with a drop of more than 20% of income compared to the income of the previous month or the same period of the previous year; and that percentage of the income break is caused by the lack of payment of rents by the tenants under the provisions of the law. Therefore, Landlords will only be allowed to terminate lease on the grounds of non-payment of the rents due in the months in which the state of emergency is in force and in the first month thereafter, if the lessee does not make the payment of the outstanding rents within 12 months from the end of that period. Rents can be paid in monthly instalments not less than one twelfth of the total amount, paid together with the monthly rent. On the other hand, it is possible to request a free interest loan to the Institute of Housing and Urban Renewal (IHRU, I.P), under the following terms: Lessees and guarantors of students not earning work income, who have proven to have a drop of 20% of income and are unable to pay the rent of their permanent residence or, in the case of students, their educational residence, if it is located at a distance of more than 50 km from the permanent residence; Landlords that suffer a drop of more than 20% of income compared to the income of the previous month or the same period of the previous year; and that percentage of the income break is caused by the non-payment of rents by the tenants under the provisions of the diploma. Lessee?s loan aims to support the difference between the amount of the monthly rent and the amount resulting from the application to the household?s income of a maximum effort rate of 35 %, in order to allow the payment of the due rent. The remaining disposable income of the household cannot be lower than the indexing of social support (IAS ? EUR 438.81). For landlords, the loan will compensate the amount of the monthly rent, due and unpaid, whenever the remaining disposable income of the household falls, for this reason, below the IAS (EUR 438.81). It shall be noted that, in order to be able to use the regime set forth in the diploma, the lessees must inform the landlord in writing at least five days before the due date of the first rent, adding, for this purpose, the evidence of the situation of income decrease. However, for rents that have expired on the 1st of April, the deadline for notification is 20 days after the date of entry into force of the law (7th of April). Non-Housing Lease For the leases for non-housing purposes the new measures will be applied as follows: Establishments open to the public for retail activities and for the provision of services that have been closed or that have had their activities suspended under administrative or legal orders by virtue of the state of emergency in Portugal; Restaurant and similar establishments, including cases where they operate exclusively for take-away or home delivery. In this case, the lessee of the affected establishments may defer payment of rents due in the months in which the state of emergency takes place and in the first subsequent month for the 12 months after the end of that period. The payment of the outstanding rents shall be made in monthly instalments in the amount of not less than one twelfth of the total amount. These instalments must be paid together with the rent of the month concerned. The failure to pay rents in the months in which the state of emergency is in force and in the first subsequent month cannot be invoked as grounds for termination or other form of termination of lease contracts, nor be grounds for eviction. Finally, it should be noted that any of these situations will lead to the payment of a compensation for the delay in payment, which currently corresponds to 20% of the amount of due rent. Additionally, these measures will also apply to other contractual forms respecting the exploitation of real state for non housing purposes. Public Entities Under the law, public entities with leased properties (by any other form object of use agreements) may reduce rents to tenants who have proven to have suffered a decrease in their income of more than 20 % compared to the income of the previous month or the same period of the previous year, when the payment of the rent results in a level of effort of more than 35 % in relation to the income. For more information please contact us at: jlp@ccsllegal.com [Photo: Ricardo Resende, available at: unsplash.com] --- ## The Portuguese Non-Habitual Tax Resident Regime: Main Features and Tax Benefits URL: https://ccsllegal.com/2020/04/03/the-portuguese-non-habitual-tax-resident-regime-main-features-and-tax-benefits/ The Portuguese Non-Habitual Tax Resident Regime: Main Features and Tax Benefits See our complete guide on the main features and tax benefits of the Portuguese Non-Habitual Tax Resident Regime. Loading... Taking too long? Reload document | Open in new tab Download [823.33 KB] For more information, please contact us: jcg@ccsllegal.com [Photo: Kelly Sikkema, available at: unsplash.com] --- ## Simplified Lay-Off Regime: a Guide for Companies URL: https://ccsllegal.com/2020/04/01/simplified-lay-off-regime-a-guide-for-companies/ The measure of extraordinary support for the maintenance of employment contracts is now available to all companies in situations of business crisis. See our complete guide on requirements, support and procedures for applying the commonly known ?Simplified Lay-off?. For more information, please contact us: msb@ccsllegal.com Loading... Taking too long? Reload document | Open in new tab Download [971.11 KB]   LEGISLATION: I ? RESTRICTIONS ON ECONOMIC ACTIVITIES AND STATE OF EMERGENCY Portaria n.º 71/2020, of march 15: Restrictions on the access and allocation of spaces in commercial establishments, restaurants and bars. Decreto do Presidente da República n.º 14-A/2020, of march 18: Declares the state of emergency based on the verification of a public calamity situation. Decreto n.º 2-A/2020, of march 20: Regulates the application of the state of emergency decreed by the President of the Republic II ? SUPPORT MEASURES Decreto-Lei n.º 10-G/2020, of march 26: Establishes exceptional and temporary measures related to the epidemiological situation of the new Coronavirus ? COVID 19 Decreto-Lei n.º 10-F/2020, of march 26: Establishes an exceptional and temporary regime for complying with tax obligations and social contributions, in the context of the COVID-19 pandemic disease. --- ## State Budget Law for 2020 published URL: https://ccsllegal.com/2020/03/31/state-budget-law-for-2020-published/ State Budget Law for 2020 published The new State Budget Law for 2020 was published. Click HERE to see the diploma. For more information please contact us at jcg@ccsllegal.com [Photo: Isaac Smith, available at: unsplash.com] --- ## State of Emergency URL: https://ccsllegal.com/covid-19/state-of-contingency/ State of Calamity: what changes? 28/04/2021 The 15th State of Emergency ends at 11:59 pm of April 30th. With the favourable development of the pandemic, the Government decided not to renew the state of emergency. However, as from May 1st we should enter a new phase: the state of calamity. We highlight the main aspects and differences between the state of emergency and the state of calamity: A state of calamity can be declared in the event of serious accidents or disasters causing ?high material damage and, possibly, victims?, affecting the population and the economy ?in areas or the entire national territory?; The state of calamity allows for exceptional measures to be adopted, but unlike the state of emergency, it does not suspend rights, freedoms or guarantees; In a state of calamity, rights such as the right of resistance or the right to strike or other limitations to workers? rights are no longer suspended; A state of emergency is declared by the President of the Republic. A state of calamity is officially declared by the Government; While the state of emergency lasts for 15 days (with the possibility of renewal, as has been happening), the state of calamity has no time limit. However, the measures must be set out in a resolution of the Council of Ministers, which should refer to the timeframe and territorial scope, as well as the coordination structure and resources. That being said, during the duration of the state of calamity, the Government may: Prohibit gatherings on the public highway; Impose limits on circulation between the municipalities most affected by the pandemic and which are furthest behind in the deconfinement plan; Strongly recommend that all citizens wear community masks on public roads; Secure sanitary fences; Limit events of a family nature (such as weddings, christenings and others). For more information please contact us at jcg@ccsllegal.com   Extension of deadlines and exceptional and temporary measures in the context of the Covid-19 pandemic 18/03/2021 Given the worsening of the epidemiological situation registered at the beginning of this year and considering the difficulties of citizens in renewing or obtaining relevant documents to the exercise of rights, as a result of the closure of the services, the Government has decided to extend the requirement for public authorities to accept the display of documents whose validity has expired. In this regard, Decree Law No. 22-A/2021 was published and it extends the deadlines and establishes exceptional and temporary measures in the context of the Covid-19 disease pandemic. The Government has decided to extend until December 31st, 2021 the admissibility of certain documents, such as medical certificates to evaluate incapacity that expire in 2021, citizen cards, certificates and certificates issued by the registration and civil identification services, documents and visas related to staying in national territory, licenses and authorisations, as well as family ADSE beneficiary cards. At the corporate level, it was decided: To extend the deadline for approval and posting of the holiday map until 15 May 2021; Waive the annual confirmation of the information contained in the Central Register of the Actual Beneficiary during the year of 2021, regardless of the date on which the beneficial ownership declaration was made and provided that no fact has occurred that determines a change in the information contained therein; Notwithstanding the possibility of holding general meetings by telematic means under the terms of the law, provision is also made for the possibility that the general meetings of companies, cooperatives and associations, which must be held by legal or statutory requirement, may be held until June 30th, 2021 or, in the case of cooperatives and associations with more than 100 cooperative members or members, until September 30th. In the restaurant sector: Since restaurants, during this suspension period, may only operate for the purposes of preparation for consumption outside the establishment through home delivery, at the door of the establishment or at the wicket, it has been decided to extend the period available to catering and beverage service providers to adapt to the provisions of Law No. 76/2019 of September 2nd, which determines the non-use and non-availability of single-use plastic tableware in the activities of the catering and/or beverage sector and in retail trade. Click HERE to access the diploma. Suspension of legal deadlines 02/02/2021 Law no. 4.º-B establishes the suspension of deadlines for the practice of non-urgent cases, other jurisdictions, arbitration courts, the Public Prosecutor?s Office, Justices of Peace courts, alternative dispute resolution entities and tax enforcement entities. The diploma provides that non-urgent proceedings before higher courts will continue to be conducted where conditions exist to ensure that procedural acts are carried out by means of appropriate distance communication. Proceedings and acts deemed urgent by law or by decision of the judicial authority shall continue without suspension or interruption of time limits, which shall include proceedings for the defence of rights, freedoms and guarantees damaged or threatened with damage by any unconstitutional or illegal measures. The diploma comes into force today and takes effect on January 22nd, 2021, without prejudice to the judicial proceedings already taken and practiced in the meantime. Click HERE to access the diploma. Renewal of the state of emergency and further strengthening of the restrictive measures 29/01/2021 The Government approved new restrictive measures in context of the extension of the state of emergency decreed by the President of the Republic. The new measures will apply throughout the period of extension of the state of emergency, from 00:00 of January 31st and 11:59pm of February 14th, without prejudice to further renewals. The main changes introduced are: Suspension of all educational establishments until February 5th; these activities will be resumed from February 8th on a non-attendance basis; Limitation to the movements of portuguese citizens out of the continental territory, carried out by any means, without prejudice to the exceptions foreseen in the decree; Therapeutic support can be provided in person in special educational establishments and schools, when necessary; Control of persons at land borders; Possibility of suspension of flights and determination of mandatory confinement of passengers on arrival; Possibility that health care institutions of the National Health Service may, exceptionally, engage, for a period of up to one year, holders of academic degrees conceded by foreign higher education institutions in the fields of medicine and nursing. Click HERE to access the diploma.   New strengthening of the restrictive measures 21/01/2021 In face of the escalating epidemic situation in the country and having reached a record number of infections and deaths, the Government has decided to implement the following measures: Closure of kindergartens, schools and universities for a period of 15 days (the closure will, in practice, be a holiday period which will later be compensated); In the higher education sector, it is up to each university to decide whether to adjust the schedule of exams and assessments; Childcare schools are kept open for children under 12 whose parents from specific groups (such as health professionals, firemen and security forces, among others) have to work; Closure of citizens? advice bureaux; Suspension of deadlines for all non-urgent cases before the courts; Parents will have justified absences from work (if they are not working from home) and the same support as was given in the first phase of the confinement, which corresponds to 66% of remuneration. These additional measures will enter into force on Friday, January 22nd, and will be revaluated within 15 days.   Strengthening of the restrictive measures The Government decided to strengthen some of the measures adopted in the context of this lockdown period. The following restrictive measures have been implemented: Establishments close at 8pm on weekdays and 1pm at weekends (with the exception of food retail, which at weekends can be open until 5pm); No sale or delivery to the wicket in any establishment in the non-food sector (e.g. clothing shops); No sale to the wicket of any kind of beverage; Restaurants in shopping centres are closed, even the takeaway services; All sales campaigns promoting displacement and concentration of people are prohibited; Ban on movement between municipalities on the weekends; No concentration in public spaces, where you can circulate but not stay (e.g. public parks) Prohibition to stay in riverside front areas, with reinforced signs of prohibition to stay in seats, sports equipment and others; Senior universities, day centres and social centres are closed. The Government also stated that these measures will be followed by the strengthening of the supervision of the Working Conditions Authority (ACT) and the security forces, which will have increased presence on the public road, namely in the immediate surroundings of schools. State of Emergency Following the Prime Minister?s announcement on Wesdnesday, the Council of Ministers approved today Decree no. 3-/2021 which regulates the renewal of the state of emergency, which will be in force from 00h00 on January 15th to 11h59pm on January 30th. The measures adopted by the Decree will be in force for the period of one month and may be extended for a period of 15 days. We highlight the following general measures: Remote working is mandatory; Curfew is imposed, except for authorised movements (such as acquisition of essential goods and services, and performance of professional activities when remote working is not possible). Services and establishments which will close: Restaurants, except for take away services and home delivery; Gyms; Hairdressing salons; Non essential commerce; Cultural activities (such as auditoriums, museums, libraries, art galleries, etc). In contrast with the measures adopted in the context of the March 2020 lockdown, during this one schools and courts will remain open. Please click HERE to access to the diploma which renews the state of emergency. Click HERE to access to the Council of Ministers? diploma. Click HERE to access to the decree amending the compulsory remote working regime during the state of emergency. --- ## Reference tariff and its duration applicable to electricity producers URL: https://ccsllegal.com/2020/03/25/reference-tariff-and-its-duration-applicable-to-electricity-producers/ Reference tariff and its duration applicable to electricity producers Ordinance No. 80/2020, published on March 25, 2020, sets the amount of 45 euros per MWh as the reference tariff applicable to electricity producers from renewable energy sources, based in one single energy source, with maximum installed capacity of 1 M, that opt ??for the guaranteed remuneration regime. The connection capacity is granted through an auction model, in which the applicants offer discounts to the reference tariff. The assigned tariff has a duration of 15 years, non-renewable, counted from the beginning of the supply of electricity to the Public Service Electric Grid (PSEG), after which it expires. In this context, it was established that the injection capacity to the PSEG, in each calendar year, for the installation of small production units covered by the guaranteed remuneration regime is of 20 MW. Click on the link below to see the diploma: https://dre.pt/web/guest/home/-/dre/130659001/details/maximized For more information please contact us at jlp@ccsllegal.com [Photo: RawFilm, available at: unsplash.com] --- ## New Monthly Stamp Duty Declaration only effective 2021 onwards URL: https://ccsllegal.com/2020/03/25/new-monthly-stamp-duty-declaration-only-effective-2021-onwards/ New Monthly Stamp Duty Declaration only effective 2021 onwards In view of the difficulties that still exist in the establishment of the new Monthly Stamp Duty Declaration and given the current constraints resulting from Covid-19 that affect both the Tax Authority and the companies, the Secretary of State for Tax Affairs issued a ruling in which it was determined that this new tax obligation shall only enter into force as of January 2021. Therefore, the tax assessment and payment of the stamp duty in 2020 shall be carried out in accordance with the rules that have been applied until December 2019. As regards the months of January, February and March of this year, the assessment and payment of the stamp duty due may be done until April 20. Click on the HERE to see the ruling: For more information please contact us at: jcg@ccsllegal.com [Photo: Christin Hume, available at: unsplash.com] --- ## Instructions for filling in model 30 declaration approved URL: https://ccsllegal.com/2020/03/20/instructions-for-filling-in-model-30-declaration-approved/ Instructions for filling in model 30 declaration approved Ordinance No. 78/2020, published today, approves the instructions for completing Model 30 declaration regarding the reporting of income paid or made available to taxpayers who are not resident in Portugal. Click HERE to see the diploma and the filling instructions. For more information please contact us at: jcg@ccsllegal.com [Photo: Brendi Redd, available at: unsplash.com] --- ## Companies and Employees URL: https://ccsllegal.com/covid-19/companies-and-employees/ Amendments to the Retoma Progressiva Support Article 5, no. 3 of Decree-Law 46-A/2020 provides that in April 2021 the Government must evaluate the evolution of the pandemic and the economic activity in relation to the first quarter, adjusting the limits for the temporary reduction of the normal working period (NWP) in accordance with the respective conclusions. Given the current pandemic situation, the strategy to progressively lift the containment measures and the gradual and phased resumption of economic activities, the Government has decided to allow companies with a drop in turnover equal to or greater than 75% to continue to reduce the NWP of their workers to a maximum of 100%, during the months of May and June 2021. However, in June, the mentioned reduction of the NWP is limited to up to 75% of the workers employed by the employer, unless their activity falls within the sectors of bars, nightclubs, playgrounds and the supply or assembly of events. In June, the Government will re-evaluate and adjust the temporary reduction limits of the NWP in the light of the evolution of the pandemic and economic activity for the second quarter. Click HERE to access the diploma.   Extension of the exceptional and transitory regime for the reorganisation of labour relations The validity of Decree-Law no. 79-A/2020, of October 1st, was extended until December 31st, 2021. The diploma lays down the rules for reorganisation and minimisation of risks in the context of labour relations with a view to preventing the transmission of the COVID-19 disease. To this end, the diploma establishes the implementation of delayed entry and exit times for workers in workplaces with 50 or more workers, in order to avoid gatherings of people during presential work, as well as in what concerns remote working. Click HERE to access the diploma.   New measures to support the economy and employment The Government presented new measures to support the economy and employment due to the restrictions imposed by the Covid-19 pandemic. The measures are mainly targeted at companies whose activity has been particularly affected by the confinement. Extension to three months of extraordinary support for artists, authors, technicians and other cultural professionals The Government informed that the support of ? 438,81 for culture workers will be extended until May. The Government also presented the criteria defined for the distribution of the funds from the Garantir Cultura programme, totalling 42 million euros. This amount includes financial reinforcements for museums, the book sector and non-professional artistic structures. Companies may submit VAT in instalments Quarterly VAT for the months of February and May can now be paid in three or six interest-free monthly instalments for all businesses and self-employed workers, regardless of their size or turnover shortfall. Monthly VAT for the months of January to June, can now be paid in three or six interest-free instalments for micro-enterprises with a 25% shortfall in turnover (2020 compared to 2019) This last measure will be extended in February to small and medium-sized enterprises and all businesses in the catering, accommodation and culture sectors. This measure will also be extended from March to June for companies in the catering, accommodation and culture sectors and SMEs in other sectors with a 25% turnover shortfall (2020 compared to 2019). Tax enforcement proceedings The following measures were established in this context: Two-month grace period for the payment of instalment plans; Instalment plans already in progress may now include debts relating to the period between January and March; Extension of plans, including automatic ones, made in the voluntary collection phase to other taxes (and not only to IRS and IRC). Income taxes The following measures were announced: IRS and IRC withholdings relating to the months of March to June: delivery in three or six instalments without for all catering, accommodation and cultural businesses, as well as small and medium-sized enterprises with a drop in turnover of more than 25%; 1st and 2nd payments on account for July and September: delivery in three instalments for all small and medium-sized enterprises. Micro-enterprises may limit the 2nd payment on account by 50%.; IRC self-assessment: delivery in four instalments, between May and August for all small and medium-sized companies, with a minimum value of 25% in the first month. Retoma Progressiva programme The programme was extended until September 2021. Announced additional contributory support for Tourism and Culture, in the following cases: Break in turnover < 75%: contributory exemption. Turnover loss > 75%: extension to large companies of the 50% contribution reduction. Simplified Lay-off Extension to managing partners. Extension to companies affected by interruption of supply chains, suspension or cancellation of orders and situations in which more than half of the turnover in the previous year was made from activities currently subject to the closure duty. Apoiar programme Programme launched in late 2020 extended until the end of March. Reopening of applications for a period of one week. Inclusion of more sectors, such as bakery, pastry and pyrotechnic articles manufacturing. Increase of the maximum limits of support by 50%, for companies with a drop in turnover of more than 50%, with retroactive effect. Rent support programme Extension to operating leases. Applications from March 25th 2021. Click HERE and HERE to access the diplomas.   Exceptional family support in the context of the suspension of presential school activities The Government published a diploma in which a set of support measures in the context of the suspension of presential school activities were established. The diploma provides that workers that are now working from home may choose to interrupt their activity in order to provide family support, benefiting from the exceptional family support in the following situations: a) their household is single parent during the period of custody of the child or other dependent, who is entrusted to them by judicial or administrative decision of entities or services legally competent for that purpose; b) their household includes, at least, one child or other dependent, who is entrusted by judicial or administrative decision of entities or services legally competent for that purpose, who attends social equipment for early childhood support, pre-school or primary school establishments; c) their household includes at least one disabled dependent, with a proven disability of 60% or more, regardless of age. The diploma will come into force on February 23rd, 2021. Click HERE to access the diploma.   Simplified Lay-Off Companies which temporarily close as a result of the new measures implemented by the government to combat COVD-19 may again resort to simplified lay-offs. The novelty of the application of this scheme lies in the value of the wage compensation: the amount to be paid by the social security is increased, to the extent necessary, up to the value of the gross normal pay of the worker, with the ceiling of 3 national minimum wages. Click HERE to access the diploma. Retoma Progressiva This support had been scheduled to last until the end of 2020 and was extended until 30th of June 2021. This support is eligible to companies considered to be in a ?business crisis situation?, i.e. companies with a fall in turnover of 25% or more in the month immediately preceding the month to which the initial application an extension of the support relates, compared to the same month in 2019 or2020 or the average of the six months preceding that application. Companies in business crisis may reduce the normal working period of all or some workers. The reduction is up for one month, extendable monthly until 30th of June 2021.The following measures have been implemented: Exemption from the payment of50% of the social security contributions of the covered workers; Support for the remuneration of workers covered by the part of the reduction of the normal working period; Extension to members of statutory bodies. Click HERE to access the diploma. Apoiar programme The Government has decided to strengthen and accelerate Apoiar programme, based on the potential impact of the new lockdown on the national economy. The programme will now cover the turnover losses of companies registered in the fourth quarter of 2020 and the first quarter of 2021. Among the measures adopted, there will also be an advance for the first quarter of 2021, whose value will be indexed to the support to which each company is entitled for the fourth quarter of 2020. Companies that have already benefited from the first tranche of support will be able to apply for payment of the second tranche immediately. Furthermore, the maximum amount payable to each company will be increased. The limits will continue to vary according to the company?s classification: Microenterprises: from EUR 7,500 to EUR 10,000; Small enterprises: from EUR 40,000 to EUR 55,000; Medium and large enterprises: EUR 135,000. Click HERE to access the diploma. Support for the maintenance of jobs for micro-enterprises A support from the IEFP, equivalent to two minimum wages per covered worker, is also envisaged for microenterprises that meet the following requirements: A break in turnover of 25% or more; Have benefited from simplified layoff or extraordinary phase-in support. Click HERE to access the diploma. --- ## Tax Measures URL: https://ccsllegal.com/covid-19/tax-measures/ 18/02/2021 Extension of the deadlines for filing the VAT returns and tax payments On 17 February 2021, the Portuguese Tax Authorities have published a circular which extends the deadline for the submission of VAT returns, as follows: VAT returns with monthly periodicity Deadline for submission December 2020 February 24, 2021 January 2021 March 22, 2021 February 2021 April 20, 2021 March 2021 May 20, 2021   VAT returns with quarterly periodicity Deadline for submission 4th quarter of 2020 February 24, 2021 1st quarter of 2021 May 20, 2021 Moreover, the deadline for payment of the tax has also been extended, in the following terms: VAT returns with monthly periodicity Deadline for payment December 2020 March 1, 2021 January 2021 March 25, 2021 February 2021 April 26, 2021 March 2021 May 25, 2021   VAT returns with quarterly periodicity Deadline for payment 4th quarter of 2020 March 1, 2021 1st quarter of 2021 May 25, 2021 Click HERE to access the circular.   Tax Measures Considering the coronavirus outbreak the Government adopted destined at relieving the tax pressure. The following measures have been adopted: ? suspension of tax enforcement proceedings in progress or to be initiated by the Tax and Social Security Authorities between January 1 and March 31, 2021; ? suspension of ongoing instalment plans regarding debts to Social Security which are not part of the enforcement proceedings (without prejudice to their continued fulfilment at the debtor?s initiative); ? Tax Authorities prevented from setting up guarantees in the context of tax enforcement proceedings during the above-mentioned period; ? Tax authorities prevented from offsetting the debtor?s credits resulting from reimbursement, proceedings for review, administrative complaint or judicial appeal on the debtor?s debts; ? Suspension of the statute of limitation in respect of tax enforcement proceedings in progress or to be initiated. Click HERE to see the order. --- ## Deadlines and Contracts URL: https://ccsllegal.com/covid-19/contingency-measures/ Reopening of the courts and the end of the suspension of legal deadlines The diploma that provides for the reopening of courts and the end of the suspension of judicial deadlines as of April 6th was published. The courts had been closed and the deadlines suspended since January 22nd. The trials and examination of witnesses shall take place in person, if necessary in a different location from the court, or through videoconference; The parties involved who are over 70 years of age, immunosuppressed or chronically ill, are not obliged to travel to court and must be heard by videoconference; the presence of the accused is guaranteed in the instructive debate and in the trial session when statements are made by the accused and the testimony of witnesses; In the case of criminal proceedings, the hearing of defendants, witnesses and parties is always in person; It will be up to the courts to define how they carry out judicial acts according to the rules defined by the DGS, such as the maximum limit of people in the buildings; During the pandemic, the time limit for presenting the debtor for insolvency, the judicial transfer of the family home, the transfer of the rented premises, as well as the limitation and prescription periods for all these processes remain suspended. For more information please contact us by email: jcg@ccsllegal.com   Extension of deadlines and exceptional and temporary measures in the context of the Covid-19 pandemic Given the worsening of the epidemiological situation registered at the beginning of this year and considering the difficulties of citizens in renewing or obtaining relevant documents to the exercise of rights, as a result of the closure of the services, the Government has decided to extend the requirement for public authorities to accept the display of documents whose validity has expired. In this regard, Decree Law No. 22-A/2021 was published and it extends the deadlines and establishes exceptional and temporary measures in the context of the Covid-19 disease pandemic. The Government has decided to extend until December 31st, 2021 the admissibility of certain documents, such as medical certificates to evaluate incapacity that expire in 2021, citizen cards, certificates and certificates issued by the registration and civil identification services, documents and visas related to staying in national territory, licenses and authorisations, as well as family ADSE beneficiary cards. At the corporate level, it was decided: To extend the deadline for approval and posting of the holiday map until 15 May 2021; Waive the annual confirmation of the information contained in the Central Register of the Actual Beneficiary during the year of 2021, regardless of the date on which the beneficial ownership declaration was made and provided that no fact has occurred that determines a change in the information contained therein; Notwithstanding the possibility of holding general meetings by telematic means under the terms of the law, provision is also made for the possibility that the general meetings of companies, cooperatives and associations, which must be held by legal or statutory requirement, may be held until June 30th, 2021 or, in the case of cooperatives and associations with more than 100 cooperative members or members, until September 30th. In the restaurant sector: Since restaurants, during this suspension period, may only operate for the purposes of preparation for consumption outside the establishment through home delivery, at the door of the establishment or at the wicket, it has been decided to extend the period available to catering and beverage service providers to adapt to the provisions of Law No. 76/2019 of September 2nd, which determines the non-use and non-availability of single-use plastic tableware in the activities of the catering and/or beverage sector and in retail trade. Click HERE to access the diploma.   02/02/2021 Order no. 26-A/2021, published on February 2nd, introduces the first amendment to Order no. 91/2020, which defines, pursuant to the provisions of paragraph 2 of Article 3 of Law no. 4-C/2020, an exceptional regime for situations of late payment of rents in view of the epidemiological situation caused by COVID-19. This regime has experienced some amendments in face of the evolution of the pandemic situation and its effects on the economic and social domains. This Order alters articles 1, 2, 3, 4, 5, 6, 7 and 8 of Order 91/2020. We highlight the reduction from 35 % to 30 % of the tenants? effort rate regarding rent payment. Click HERE to access the diploma. --- ## COVID-19 URL: https://ccsllegal.com/covid-19/ Coronavirus outbreak Contingency and support measures Considering the recent coronavirus outbreak, the Portuguese Government adopted several contingency measures to support and protect individuals and businesses. Please find below a brief outline of the most relevant measures. For further information, please contact us at jcg@ccsllegal.com and msb@ccsllegal.com [ult_tab_element tab_animation=?Fade? tab_max=?on? tab_title_color=?#ffffff? tab_background_color=?#334d3d? tab_hover_title_color=?#ffffff? tab_hover_background_color=?#68c3a3? acttab_title=?#ffffff? acttab_background=?#68c3a3? tabs_border_radius=?0? resp_type=?Accordion? resp_width=?600? el_class=?fulltab? icon_margin=?margin:0px;? title_font_size=?desktop:13px;?][single_tab title=?Recent Updates? tab_id=?1611255623468-5-2?] Recent Updates12/05/2021 Article 5, no. 3 of Decree-Law 46-A/2020 provides that in April 2021 the Government must evaluate the evolution of the pandemic and the economic activity in relation to the first quarter, adjusting the limits for the temporary reduction of the normal working period (NWP) in accordance with the respective conclusions. Given the current pandemic situation, the strategy to progressively lift the containment measures and the gradual and phased resumption of economic activities, the Government has decided to allow companies with a drop in turnover equal to or greater than 75% to continue to reduce the NWP of their workers to a maximum of 100%, during the months of May and June 2021. However, in June, the mentioned reduction of the NWP is limited to up to 75% of the workers employed by the employer, unless their activity falls within the sectors of bars, nightclubs, playgrounds and the supply or assembly of events. In June, the Government will re-evaluate and adjust the temporary reduction limits of the NWP in the light of the evolution of the pandemic and economic activity for the second quarter. Click HERE to access the diploma.   28/04/2021 The 15th State of Emergency ends at 11:59 pm of April 30th. With the favourable development of the pandemic, the Government decided not to renew the state of emergency. However, as from May 1st we should enter a new phase: the state of calamity. We highlight the main aspects and differences between the state of emergency and the state of calamity: A state of calamity can be declared in the event of serious accidents or disasters causing ?high material damage and, possibly, victims?, affecting the population and the economy ?in areas or the entire national territory?; The state of calamity allows for exceptional measures to be adopted, but unlike the state of emergency, it does not suspend rights, freedoms or guarantees; In a state of calamity, rights such as the right of resistance or the right to strike or other limitations to workers? rights are no longer suspended; A state of emergency is declared by the President of the Republic. A state of calamity is officially declared by the Government; While the state of emergency lasts for 15 days (with the possibility of renewal, as has been happening), the state of calamity has no time limit. However, the measures must be set out in a resolution of the Council of Ministers, which should refer to the timeframe and territorial scope, as well as the coordination structure and resources. That being said, during the duration of the state of calamity, the Government may: Prohibit gatherings on the public highway; Impose limits on circulation between the municipalities most affected by the pandemic and which are furthest behind in the deconfinement plan; Strongly recommend that all citizens wear community masks on public roads; Secure sanitary fences; Limit events of a family nature (such as weddings, christenings and others). For more information please contact us at jcg@ccsllegal.com   05/04/2021 The diploma that provides for the reopening of courts and the end of the suspension of judicial deadlines as of April 6th was published. The courts had been closed and the deadlines suspended since January 22nd. The trials and examination of witnesses shall take place in person, if necessary in a different location from the court, or through videoconference; The parties involved who are over 70 years of age, immunosuppressed or chronically ill, are not obliged to travel to court and must be heard by videoconference; the presence of the accused is guaranteed in the instructive debate and in the trial session when statements are made by the accused and the testimony of witnesses; In the case of criminal proceedings, the hearing of defendants, witnesses and parties is always in person; It will be up to the courts to define how they carry out judicial acts according to the rules defined by the DGS, such as the maximum limit of people in the buildings; During the pandemic, the time limit for presenting the debtor for insolvency, the judicial transfer of the family home, the transfer of the rented premises, as well as the limitation and prescription periods for all these processes remain suspended. For more information please contact us by email: jcg@ccsllegal.com   31/03/2021 The validity of Decree-Law no. 79-A/2020, of October 1st, was extended until December 31st, 2021. The diploma lays down the rules for reorganisation and minimisation of risks in the context of labour relations with a view to preventing the transmission of the COVID-19 disease. To this end, the diploma establishes the implementation of delayed entry and exit times for workers in workplaces with 50 or more workers, in order to avoid gatherings of people during presential work, as well as in what concerns remote working. Click HERE to access the diploma.   24/03/2021 The Government presented new measures to support the economy and employment due to the restrictions imposed by the Covid-19 pandemic. The measures are mainly targeted at companies whose activity has been particularly affected by the confinement. Extension to three months of extraordinary support for artists, authors, technicians and other cultural professionals The Government informed that the support of ? 438,81 for culture workers will be extended until May. The Government also presented the criteria defined for the distribution of the funds from the Garantir Cultura programme, totalling 42 million euros. This amount includes financial reinforcements for museums, the book sector and non-professional artistic structures. Companies may submit VAT in instalments Quarterly VAT for the months of February and May can now be paid in three or six interest-free monthly instalments for all businesses and self-employed workers, regardless of their size or turnover shortfall. Monthly VAT for the months of January to June, can now be paid in three or six interest-free instalments for micro-enterprises with a 25% shortfall in turnover (2020 compared to 2019) This last measure will be extended in February to small and medium-sized enterprises and all businesses in the catering, accommodation and culture sectors. This measure will also be extended from March to June for companies in the catering, accommodation and culture sectors and SMEs in other sectors with a 25% turnover shortfall (2020 compared to 2019). Tax enforcement proceedings The following measures were established in this context: Two-month grace period for the payment of instalment plans; Instalment plans already in progress may now include debts relating to the period between January and March; Extension of plans, including automatic ones, made in the voluntary collection phase to other taxes (and not only to IRS and IRC). Income taxes The following measures were announced: IRS and IRC withholdings relating to the months of March to June: delivery in three or six instalments without for all catering, accommodation and cultural businesses, as well as small and medium-sized enterprises with a drop in turnover of more than 25%; 1st and 2nd payments on account for July and September: delivery in three instalments for all small and medium-sized enterprises. Micro-enterprises may limit the 2nd payment on account by 50%.; IRC self-assessment: delivery in four instalments, between May and August for all small and medium-sized companies, with a minimum value of 25% in the first month. Retoma Progressiva programme The programme was extended until September 2021. Announced additional contributory support for Tourism and Culture, in the following cases: Break in turnover < 75%: contributory exemption. Turnover loss > 75%: extension to large companies of the 50% contribution reduction. Simplified Lay-off Extension to managing partners. Extension to companies affected by interruption of supply chains, suspension or cancellation of orders and situations in which more than half of the turnover in the previous year was made from activities currently subject to the closure duty. Apoiar programme Programme launched in late 2020 extended until the end of March. Reopening of applications for a period of one week. Inclusion of more sectors, such as bakery, pastry and pyrotechnic articles manufacturing. Increase of the maximum limits of support by 50%, for companies with a drop in turnover of more than 50%, with retroactive effect. Rent support programme Extension to operating leases. Applications from March 25th 2021. Click HERE and HERE to access the diplomas.   18/03/2021 Given the worsening of the epidemiological situation registered at the beginning of this year and considering the difficulties of citizens in renewing or obtaining relevant documents to the exercise of rights, as a result of the closure of the services, the Government has decided to extend the requirement for public authorities to accept the display of documents whose validity has expired. In this regard, Decree Law No. 22-A/2021 was published and it extends the deadlines and establishes exceptional and temporary measures in the context of the Covid-19 disease pandemic. The Government has decided to extend until December 31st, 2021 the admissibility of certain documents, such as medical certificates to evaluate incapacity that expire in 2021, citizen cards, certificates and certificates issued by the registration and civil identification services, documents and visas related to staying in national territory, licenses and authorisations, as well as family ADSE beneficiary cards. At the corporate level, it was decided: To extend the deadline for approval and posting of the holiday map until 15 May 2021; Waive the annual confirmation of the information contained in the Central Register of the Actual Beneficiary during the year of 2021, regardless of the date on which the beneficial ownership declaration was made and provided that no fact has occurred that determines a change in the information contained therein; Notwithstanding the possibility of holding general meetings by telematic means under the terms of the law, provision is also made for the possibility that the general meetings of companies, cooperatives and associations, which must be held by legal or statutory requirement, may be held until June 30th, 2021 or, in the case of cooperatives and associations with more than 100 cooperative members or members, until September 30th. In the restaurant sector: Since restaurants, during this suspension period, may only operate for the purposes of preparation for consumption outside the establishment through home delivery, at the door of the establishment or at the wicket, it has been decided to extend the period available to catering and beverage service providers to adapt to the provisions of Law No. 76/2019 of September 2nd, which determines the non-use and non-availability of single-use plastic tableware in the activities of the catering and/or beverage sector and in retail trade. Click HERE to access the diploma.   22/02/2021 The Government published a diploma in which a set of support measures in the context of the suspension of presential school activities were established. The diploma provides that workers that are now working from home may choose to interrupt their activity in order to provide family support, benefiting from the exceptional family support in the following situations: a) their household is single parent during the period of custody of the child or other dependent, who is entrusted to them by judicial or administrative decision of entities or services legally competent for that purpose; b) their household includes, at least, one child or other dependent, who is entrusted by judicial or administrative decision of entities or services legally competent for that purpose, who attends social equipment for early childhood support, pre-school or primary school establishments; c) their household includes at least one disabled dependent, with a proven disability of 60% or more, regardless of age. The diploma will come into force on February 23rd, 2021. Click HERE to access the diploma.   18/02/2021 On 17 February 2021, the Portuguese Tax Authorities have published a circular which extends the deadline for the submission of VAT returns, as follows: VAT returns with monthly periodicity Deadline for submission December 2020 February 24, 2021 January 2021 March 22, 2021 February 2021 April 20, 2021 March 2021 May 20, 2021   VAT returns with quarterly periodicity Deadline for submission 4th quarter of 2020 February 24, 2021 1st quarter of 2021 May 20, 2021 Moreover, the deadline for payment of the tax has also been extended, in the following terms: VAT returns with monthly periodicity Deadline for payment December 2020 March 1, 2021 January 2021 March 25, 2021 February 2021 April 26, 2021 March 2021 May 25, 2021   VAT returns with quarterly periodicity Deadline for payment 4th quarter of 2020 March 1, 2021 1st quarter of 2021 May 25, 2021 Click HERE to access the circular.   02/02/2021 Order no. 26-A/2021, published on February 2nd, introduces the first amendment to Order no. 91/2020, which defines, pursuant to the provisions of paragraph 2 of Article 3 of Law no. 4-C/2020, an exceptional regime for situations of late payment of rents in view of the epidemiological situation caused by COVID-19. This regime has experienced some amendments in face of the evolution of the pandemic situation and its effects on the economic and social domains. This Order alters articles 1, 2, 3, 4, 5, 6, 7 and 8 of Order 91/2020. We highlight the reduction from 35 % to 30 % of the tenants? effort rate regarding rent payment. Click HERE to access the diploma. Law no. 4-B/2021 and Law no. 4-A/2021 which establish relevant measures to combat the epidemiological infection by COVID-19 and its effects on citizens, companies and public and private entities were published on February 1st. Law no. 4.º-B establishes the suspension of deadlines for the practice of non-urgent cases, other jurisdictions, arbitration courts, the Public Prosecutor?s Office, Justices of Peace courts, alternative dispute resolution entities and tax enforcement entities. The diploma provides that non-urgent proceedings before higher courts will continue to be conducted where conditions exist to ensure that procedural acts are carried out by means of appropriate distance communication. Proceedings and acts deemed urgent by law or by decision of the judicial authority shall continue without suspension or interruption of time limits, which shall include proceedings for the defence of rights, freedoms and guarantees damaged or threatened with damage by any unconstitutional or illegal measures. The diploma comes into force today and takes effect on January 22nd, 2021, without prejudice to the judicial proceedings already taken and practiced in the meantime. Click HERE to access the diploma. On the other hand, Law no. 4-A/2021 establishes interpretative rules that clarify the exceptional regime applicable to contracts for the operation of real estate for commerce and services in shopping centres, provided for in article 168.º-A of Law no. 2/2020, as amended by Law no. 27-A/2020: · To clarify that the scheme applies for the period from 13 March to 31 December 2020; · Which expression ?shopping centres? for these purposes should be interpreted so as to cover all undertakings within the meaning of the definition provided for in Article 2, paragraph m), of the legal regime for access to and exercise of activities in commerce, services and restaurants, approved in annex to Decree-Law no. 10/2015 of January 16th. This law takes effect since July 25th of 2020. Click HERE to access the diploma. 01/02/2021 The Parliament approved on January 29th the draft law on the suspension of deadlines before the courts, which was promulgated today by the President of the Republic. This draft law decree establishes the suspension of deadlines for the practice of non-urgent cases, other jurisdictions, arbitration courts, the Public Prosecutor?s Office, Justices of Peace courts, alternative dispute resolution entities and tax enforcement entities. The diploma provides that non-urgent proceedings before higher courts will continue to be conducted where conditions exist to ensure that procedural acts are carried out by means of appropriate distance communication. Proceedings and acts deemed urgent by law or by decision of the judicial authority shall continue without suspension or interruption of time limits, which shall include proceedings for the defence of rights, freedoms and guarantees damaged or threatened with damage by any unconstitutional or illegal measures. The diploma will come into force the day after its publication and takes effect on January 22nd, 2021, without prejudice to the judicial proceedings already taken and practiced in the meantime.   29/01/2021 The Government approved new restrictive measures in context of the extension of the state of emergency decreed by the President of the Republic. The new measures will apply throughout the period of extension of the state of emergency, from 00:00 of January 31st and 11:59pm of February 14th, without prejudice to further renewals. The main changes introduced are: Suspension of all educational establishments until February 5th; these activities will be resumed from February 8th on a non-attendance basis; Limitation to the movements of portuguese citizens out of the continental territory, carried out by any means, without prejudice to the exceptions foreseen in the decree; Therapeutic support can be provided in person in special educational establishments and schools, when necessary; Control of persons at land borders; Possibility of suspension of flights and determination of mandatory confinement of passengers on arrival; Possibility that health care institutions of the National Health Service may, exceptionally, engage, for a period of up to one year, holders of academic degrees conceded by foreign higher education institutions in the fields of medicine and nursing. Click HERE to access the diploma.   21/01/2021 In face of the escalating epidemic situation in the country and having reached a record number of infections and deaths, the Government has decided to implement the following measures: Closure of kindergartens, schools and universities for a period of 15 days (the closure will, in practice, be a holiday period which will later be compensated); In the higher education sector, it is up to each university to decide whether to adjust the schedule of exams and assessments; Childcare schools are kept open for children under 12 whose parents from specific groups (such as health professionals, firemen and security forces, among others) have to work; Closure of citizens? advice bureaux; Suspension of deadlines for all non-urgent cases before the courts; Parents will have justified absences from work (if they are not working from home) and the same support as was given in the first phase of the confinement, which corresponds to 66% of remuneration. These additional measures will enter into force on Friday, January 22nd, and will be revaluated within 15 days. Click HERE to access the diploma   19/01/2021 The Government decided to strengthen some of the measures adopted in the context of this lockdown period. The following restrictive measures have been implemented: · Establishments close at 8pm on weekdays and 1pm at weekends (with the exception of food retail, which at weekends can be open until 5pm); · No sale or delivery to the wicket in any establishment in the non-food sector (e.g. clothing shops); · No sale to the wicket of any kind of beverage; · Restaurants in shopping centres are closed, even the takeaway services; · All sales campaigns promoting displacement and concentration of people are prohibited; · Ban on movement between municipalities on the weekends; · No concentration in public spaces, where you can circulate but not stay (e.g. public parks) · Prohibition to stay in riverside front areas, with reinforced signs of prohibition to stay in seats, sports equipment and others; · Senior universities, day centres and social centres are closed. The Government also stated that these measures will be followed by the strengthening of the supervision of the Working Conditions Authority (ACT) and the security forces, which will have increased presence on the public road, namely in the immediate surroundings of schools.   18/01/2021 1. Simplified lay offs Companies which temporarily close as a result of the new measures implemented by the government to combat COVD-19 may again resort to simplified lay-offs. The novelty of the application of this scheme lies in the value of the wage compensation: the amount to be paid by the social security is increased, to the extent necessary, up to the value of the gross normal pay of the worker, with the ceiling of 3 national minimum wages. 2. Retoma Progressiva This support had been scheduled to last until the end of 2020 and was extended until 30th of June 2021. This support is eligible to companies considered to be in a ?business crisis situation?, i.e. companies with a fall in turnover of 25% or more in the month immediately preceding the month to which the initial application an extension of the support relates, compared to the same month in 2019 or2020 or the average of the six months preceding that application. Companies in business crisis may reduce the normal working period of all or some workers. The reduction is up for one month, extendable monthly until 30th of June 2021.The following measures have been implemented: · Exemption from the payment of 50% of the social security contributions of the covered workers; · Support for the remuneration of workers covered by the part of the reduction of the normal working period; · Extension to members of statutory bodies. Click HERE to access the diploma. 3. Apoiar programme The Government has decided to strengthen and accelerate Apoiar programme, based on the potential impact of the new lockdown on the national economy. The programme will now cover the turnover losses of companies registered in the fourth quarter of 2020 and the first quarter of 2021. Among the measures adopted, there will also be an advance for the first quarter of 2021, whose value will be indexed to the support to which each company is entitled for the fourth quarter of 2020. Companies that have already benefited from the first tranche of support will be able to apply for payment of the second tranche immediately. Furthermore, the maximum amount payable to each company will be increased. The limits will continue to vary according to the company?s classification: · Microenterprises: from EUR 7,500 to EUR 10,000; · Small enterprises: from EUR 40,000 to EUR 55,000; · Medium and large enterprises: EUR 135,000. Click HERE to access the diploma. 4. Support for the maintenance of jobs for micro-enterprises A support from the IEFP, equivalent to two minimum wages per covered worker, is also envisaged for microenterprises that meet the following requirements: · A break in turnover of 25% or more; · Have benefited from simplified layoff or extraordinary phase-in support. [/single_tab][single_tab title=?Companies and Employees? tab_id=?5b39b22f-af23-4?] Companies and EmployeesAmendments to the Retoma Progressiva Support Article 5, no. 3 of Decree-Law 46-A/2020 provides that in April 2021 the Government must evaluate the evolution of the pandemic and the economic activity in relation to the first quarter, adjusting the limits for the temporary reduction of the normal working period (NWP) in accordance with the respective conclusions. Given the current pandemic situation, the strategy to progressively lift the containment measures and the gradual and phased resumption of economic activities, the Government has decided to allow companies with a drop in turnover equal to or greater than 75% to continue to reduce the NWP of their workers to a maximum of 100%, during the months of May and June 2021. However, in June, the mentioned reduction of the NWP is limited to up to 75% of the workers employed by the employer, unless their activity falls within the sectors of bars, nightclubs, playgrounds and the supply or assembly of events. In June, the Government will re-evaluate and adjust the temporary reduction limits of the NWP in the light of the evolution of the pandemic and economic activity for the second quarter. Click HERE to access the diploma.   Extension of the exceptional and transitory regime for the reorganisation of labour relations The validity of Decree-Law no. 79-A/2020, of October 1st, was extended until December 31st, 2021. The diploma lays down the rules for reorganisation and minimisation of risks in the context of labour relations with a view to preventing the transmission of the COVID-19 disease. To this end, the diploma establishes the implementation of delayed entry and exit times for workers in workplaces with 50 or more workers, in order to avoid gatherings of people during presential work, as well as in what concerns remote working. Click HERE to access the diploma.   New measures to support the economy and employment The Government presented new measures to support the economy and employment due to the restrictions imposed by the Covid-19 pandemic. The measures are mainly targeted at companies whose activity has been particularly affected by the confinement. Extension to three months of extraordinary support for artists, authors, technicians and other cultural professionals The Government informed that the support of ? 438,81 for culture workers will be extended until May. The Government also presented the criteria defined for the distribution of the funds from the Garantir Cultura programme, totalling 42 million euros. This amount includes financial reinforcements for museums, the book sector and non-professional artistic structures. Companies may submit VAT in instalments Quarterly VAT for the months of February and May can now be paid in three or six interest-free monthly instalments for all businesses and self-employed workers, regardless of their size or turnover shortfall. Monthly VAT for the months of January to June, can now be paid in three or six interest-free instalments for micro-enterprises with a 25% shortfall in turnover (2020 compared to 2019) This last measure will be extended in February to small and medium-sized enterprises and all businesses in the catering, accommodation and culture sectors. This measure will also be extended from March to June for companies in the catering, accommodation and culture sectors and SMEs in other sectors with a 25% turnover shortfall (2020 compared to 2019). Tax enforcement proceedings The following measures were established in this context: Two-month grace period for the payment of instalment plans; Instalment plans already in progress may now include debts relating to the period between January and March; Extension of plans, including automatic ones, made in the voluntary collection phase to other taxes (and not only to IRS and IRC). Income taxes The following measures were announced: IRS and IRC withholdings relating to the months of March to June: delivery in three or six instalments without for all catering, accommodation and cultural businesses, as well as small and medium-sized enterprises with a drop in turnover of more than 25%; 1st and 2nd payments on account for July and September: delivery in three instalments for all small and medium-sized enterprises. Micro-enterprises may limit the 2nd payment on account by 50%.; IRC self-assessment: delivery in four instalments, between May and August for all small and medium-sized companies, with a minimum value of 25% in the first month. Retoma Progressiva programme The programme was extended until September 2021. Announced additional contributory support for Tourism and Culture, in the following cases: Break in turnover < 75%: contributory exemption. Turnover loss > 75%: extension to large companies of the 50% contribution reduction. Simplified Lay-off Extension to managing partners. Extension to companies affected by interruption of supply chains, suspension or cancellation of orders and situations in which more than half of the turnover in the previous year was made from activities currently subject to the closure duty. Apoiar programme Programme launched in late 2020 extended until the end of March. Reopening of applications for a period of one week. Inclusion of more sectors, such as bakery, pastry and pyrotechnic articles manufacturing. Increase of the maximum limits of support by 50%, for companies with a drop in turnover of more than 50%, with retroactive effect. Rent support programme Extension to operating leases. Applications from March 25th 2021. Click HERE and HERE to access the diplomas.   Exceptional family support in the context of the suspension of presential school activities The Government published a diploma in which a set of support measures in the context of the suspension of presential school activities were established. The diploma provides that workers that are now working from home may choose to interrupt their activity in order to provide family support, benefiting from the exceptional family support in the following situations: a) their household is single parent during the period of custody of the child or other dependent, who is entrusted to them by judicial or administrative decision of entities or services legally competent for that purpose; b) their household includes, at least, one child or other dependent, who is entrusted by judicial or administrative decision of entities or services legally competent for that purpose, who attends social equipment for early childhood support, pre-school or primary school establishments; c) their household includes at least one disabled dependent, with a proven disability of 60% or more, regardless of age. The diploma will come into force on February 23rd, 2021. Click HERE to access the diploma.   Simplified Lay-Off Companies which temporarily close as a result of the new measures implemented by the government to combat COVD-19 may again resort to simplified lay-offs. The novelty of the application of this scheme lies in the value of the wage compensation: the amount to be paid by the social security is increased, to the extent necessary, up to the value of the gross normal pay of the worker, with the ceiling of 3 national minimum wages. Click HERE to access the diploma. Retoma Progressiva This support had been scheduled to last until the end of 2020 and was extended until 30th of June 2021. This support is eligible to companies considered to be in a ?business crisis situation?, i.e. companies with a fall in turnover of 25% or more in the month immediately preceding the month to which the initial application an extension of the support relates, compared to the same month in 2019 or2020 or the average of the six months preceding that application. Companies in business crisis may reduce the normal working period of all or some workers. The reduction is up for one month, extendable monthly until 30th of June 2021.The following measures have been implemented: Exemption from the payment of50% of the social security contributions of the covered workers; Support for the remuneration of workers covered by the part of the reduction of the normal working period; Extension to members of statutory bodies. Click HERE to access the diploma. Apoiar programme The Government has decided to strengthen and accelerate Apoiar programme, based on the potential impact of the new lockdown on the national economy. The programme will now cover the turnover losses of companies registered in the fourth quarter of 2020 and the first quarter of 2021. Among the measures adopted, there will also be an advance for the first quarter of 2021, whose value will be indexed to the support to which each company is entitled for the fourth quarter of 2020. Companies that have already benefited from the first tranche of support will be able to apply for payment of the second tranche immediately. Furthermore, the maximum amount payable to each company will be increased. The limits will continue to vary according to the company?s classification: Microenterprises: from EUR 7,500 to EUR 10,000; Small enterprises: from EUR 40,000 to EUR 55,000; Medium and large enterprises: EUR 135,000. Click HERE to access the diploma. Support for the maintenance of jobs for micro-enterprises A support from the IEFP, equivalent to two minimum wages per covered worker, is also envisaged for microenterprises that meet the following requirements: A break in turnover of 25% or more; Have benefited from simplified layoff or extraordinary phase-in support. Click HERE to access the diploma. [/single_tab][single_tab title=?Tax Measures? tab_id=?ba0b576b-b996-9?] Tax Measures18/02/2021 Extension of the deadlines for filing the VAT returns and tax payments On 17 February 2021, the Portuguese Tax Authorities have published a circular which extends the deadline for the submission of VAT returns, as follows: VAT returns with monthly periodicity Deadline for submission December 2020 February 24, 2021 January 2021 March 22, 2021 February 2021 April 20, 2021 March 2021 May 20, 2021   VAT returns with quarterly periodicity Deadline for submission 4th quarter of 2020 February 24, 2021 1st quarter of 2021 May 20, 2021 Moreover, the deadline for payment of the tax has also been extended, in the following terms: VAT returns with monthly periodicity Deadline for payment December 2020 March 1, 2021 January 2021 March 25, 2021 February 2021 April 26, 2021 March 2021 May 25, 2021   VAT returns with quarterly periodicity Deadline for payment 4th quarter of 2020 March 1, 2021 1st quarter of 2021 May 25, 2021 Click HERE to access the circular.   Tax Measures Considering the coronavirus outbreak the Government adopted destined at relieving the tax pressure. The following measures have been adopted: ? suspension of tax enforcement proceedings in progress or to be initiated by the Tax and Social Security Authorities between January 1 and March 31, 2021; ? suspension of ongoing instalment plans regarding debts to Social Security which are not part of the enforcement proceedings (without prejudice to their continued fulfilment at the debtor?s initiative); ? Tax Authorities prevented from setting up guarantees in the context of tax enforcement proceedings during the above-mentioned period; ? Tax authorities prevented from offsetting the debtor?s credits resulting from reimbursement, proceedings for review, administrative complaint or judicial appeal on the debtor?s debts; ? Suspension of the statute of limitation in respect of tax enforcement proceedings in progress or to be initiated. Click HERE to see the order. [/single_tab][single_tab title=?Loans and Funding? tab_id=?1584568124213-2-6?] Loans and Funding [/single_tab][single_tab title=?Deadlines and Contracts? tab_id=?1584568144105-3-5?] Deadlines and ContractsReopening of the courts and the end of the suspension of legal deadlines The diploma that provides for the reopening of courts and the end of the suspension of judicial deadlines as of April 6th was published. The courts had been closed and the deadlines suspended since January 22nd. The trials and examination of witnesses shall take place in person, if necessary in a different location from the court, or through videoconference; The parties involved who are over 70 years of age, immunosuppressed or chronically ill, are not obliged to travel to court and must be heard by videoconference; the presence of the accused is guaranteed in the instructive debate and in the trial session when statements are made by the accused and the testimony of witnesses; In the case of criminal proceedings, the hearing of defendants, witnesses and parties is always in person; It will be up to the courts to define how they carry out judicial acts according to the rules defined by the DGS, such as the maximum limit of people in the buildings; During the pandemic, the time limit for presenting the debtor for insolvency, the judicial transfer of the family home, the transfer of the rented premises, as well as the limitation and prescription periods for all these processes remain suspended. For more information please contact us by email: jcg@ccsllegal.com   Extension of deadlines and exceptional and temporary measures in the context of the Covid-19 pandemic Given the worsening of the epidemiological situation registered at the beginning of this year and considering the difficulties of citizens in renewing or obtaining relevant documents to the exercise of rights, as a result of the closure of the services, the Government has decided to extend the requirement for public authorities to accept the display of documents whose validity has expired. In this regard, Decree Law No. 22-A/2021 was published and it extends the deadlines and establishes exceptional and temporary measures in the context of the Covid-19 disease pandemic. The Government has decided to extend until December 31st, 2021 the admissibility of certain documents, such as medical certificates to evaluate incapacity that expire in 2021, citizen cards, certificates and certificates issued by the registration and civil identification services, documents and visas related to staying in national territory, licenses and authorisations, as well as family ADSE beneficiary cards. At the corporate level, it was decided: To extend the deadline for approval and posting of the holiday map until 15 May 2021; Waive the annual confirmation of the information contained in the Central Register of the Actual Beneficiary during the year of 2021, regardless of the date on which the beneficial ownership declaration was made and provided that no fact has occurred that determines a change in the information contained therein; Notwithstanding the possibility of holding general meetings by telematic means under the terms of the law, provision is also made for the possibility that the general meetings of companies, cooperatives and associations, which must be held by legal or statutory requirement, may be held until June 30th, 2021 or, in the case of cooperatives and associations with more than 100 cooperative members or members, until September 30th. In the restaurant sector: Since restaurants, during this suspension period, may only operate for the purposes of preparation for consumption outside the establishment through home delivery, at the door of the establishment or at the wicket, it has been decided to extend the period available to catering and beverage service providers to adapt to the provisions of Law No. 76/2019 of September 2nd, which determines the non-use and non-availability of single-use plastic tableware in the activities of the catering and/or beverage sector and in retail trade. Click HERE to access the diploma.   02/02/2021 Order no. 26-A/2021, published on February 2nd, introduces the first amendment to Order no. 91/2020, which defines, pursuant to the provisions of paragraph 2 of Article 3 of Law no. 4-C/2020, an exceptional regime for situations of late payment of rents in view of the epidemiological situation caused by COVID-19. This regime has experienced some amendments in face of the evolution of the pandemic situation and its effects on the economic and social domains. This Order alters articles 1, 2, 3, 4, 5, 6, 7 and 8 of Order 91/2020. We highlight the reduction from 35 % to 30 % of the tenants? effort rate regarding rent payment. Click HERE to access the diploma. [/single_tab][single_tab title=?State of Emergency? tab_id=?1585321461379-5-7?] State of EmergencyState of Calamity: what changes? 28/04/2021 The 15th State of Emergency ends at 11:59 pm of April 30th. With the favourable development of the pandemic, the Government decided not to renew the state of emergency. However, as from May 1st we should enter a new phase: the state of calamity. We highlight the main aspects and differences between the state of emergency and the state of calamity: A state of calamity can be declared in the event of serious accidents or disasters causing ?high material damage and, possibly, victims?, affecting the population and the economy ?in areas or the entire national territory?; The state of calamity allows for exceptional measures to be adopted, but unlike the state of emergency, it does not suspend rights, freedoms or guarantees; In a state of calamity, rights such as the right of resistance or the right to strike or other limitations to workers? rights are no longer suspended; A state of emergency is declared by the President of the Republic. A state of calamity is officially declared by the Government; While the state of emergency lasts for 15 days (with the possibility of renewal, as has been happening), the state of calamity has no time limit. However, the measures must be set out in a resolution of the Council of Ministers, which should refer to the timeframe and territorial scope, as well as the coordination structure and resources. That being said, during the duration of the state of calamity, the Government may: Prohibit gatherings on the public highway; Impose limits on circulation between the municipalities most affected by the pandemic and which are furthest behind in the deconfinement plan; Strongly recommend that all citizens wear community masks on public roads; Secure sanitary fences; Limit events of a family nature (such as weddings, christenings and others). For more information please contact us at jcg@ccsllegal.com   Extension of deadlines and exceptional and temporary measures in the context of the Covid-19 pandemic 18/03/2021 Given the worsening of the epidemiological situation registered at the beginning of this year and considering the difficulties of citizens in renewing or obtaining relevant documents to the exercise of rights, as a result of the closure of the services, the Government has decided to extend the requirement for public authorities to accept the display of documents whose validity has expired. In this regard, Decree Law No. 22-A/2021 was published and it extends the deadlines and establishes exceptional and temporary measures in the context of the Covid-19 disease pandemic. The Government has decided to extend until December 31st, 2021 the admissibility of certain documents, such as medical certificates to evaluate incapacity that expire in 2021, citizen cards, certificates and certificates issued by the registration and civil identification services, documents and visas related to staying in national territory, licenses and authorisations, as well as family ADSE beneficiary cards. At the corporate level, it was decided: To extend the deadline for approval and posting of the holiday map until 15 May 2021; Waive the annual confirmation of the information contained in the Central Register of the Actual Beneficiary during the year of 2021, regardless of the date on which the beneficial ownership declaration was made and provided that no fact has occurred that determines a change in the information contained therein; Notwithstanding the possibility of holding general meetings by telematic means under the terms of the law, provision is also made for the possibility that the general meetings of companies, cooperatives and associations, which must be held by legal or statutory requirement, may be held until June 30th, 2021 or, in the case of cooperatives and associations with more than 100 cooperative members or members, until September 30th. In the restaurant sector: Since restaurants, during this suspension period, may only operate for the purposes of preparation for consumption outside the establishment through home delivery, at the door of the establishment or at the wicket, it has been decided to extend the period available to catering and beverage service providers to adapt to the provisions of Law No. 76/2019 of September 2nd, which determines the non-use and non-availability of single-use plastic tableware in the activities of the catering and/or beverage sector and in retail trade. Click HERE to access the diploma. Suspension of legal deadlines 02/02/2021 Law no. 4.º-B establishes the suspension of deadlines for the practice of non-urgent cases, other jurisdictions, arbitration courts, the Public Prosecutor?s Office, Justices of Peace courts, alternative dispute resolution entities and tax enforcement entities. The diploma provides that non-urgent proceedings before higher courts will continue to be conducted where conditions exist to ensure that procedural acts are carried out by means of appropriate distance communication. Proceedings and acts deemed urgent by law or by decision of the judicial authority shall continue without suspension or interruption of time limits, which shall include proceedings for the defence of rights, freedoms and guarantees damaged or threatened with damage by any unconstitutional or illegal measures. The diploma comes into force today and takes effect on January 22nd, 2021, without prejudice to the judicial proceedings already taken and practiced in the meantime. Click HERE to access the diploma. Renewal of the state of emergency and further strengthening of the restrictive measures 29/01/2021 The Government approved new restrictive measures in context of the extension of the state of emergency decreed by the President of the Republic. The new measures will apply throughout the period of extension of the state of emergency, from 00:00 of January 31st and 11:59pm of February 14th, without prejudice to further renewals. The main changes introduced are: Suspension of all educational establishments until February 5th; these activities will be resumed from February 8th on a non-attendance basis; Limitation to the movements of portuguese citizens out of the continental territory, carried out by any means, without prejudice to the exceptions foreseen in the decree; Therapeutic support can be provided in person in special educational establishments and schools, when necessary; Control of persons at land borders; Possibility of suspension of flights and determination of mandatory confinement of passengers on arrival; Possibility that health care institutions of the National Health Service may, exceptionally, engage, for a period of up to one year, holders of academic degrees conceded by foreign higher education institutions in the fields of medicine and nursing. Click HERE to access the diploma.   New strengthening of the restrictive measures 21/01/2021 In face of the escalating epidemic situation in the country and having reached a record number of infections and deaths, the Government has decided to implement the following measures: Closure of kindergartens, schools and universities for a period of 15 days (the closure will, in practice, be a holiday period which will later be compensated); In the higher education sector, it is up to each university to decide whether to adjust the schedule of exams and assessments; Childcare schools are kept open for children under 12 whose parents from specific groups (such as health professionals, firemen and security forces, among others) have to work; Closure of citizens? advice bureaux; Suspension of deadlines for all non-urgent cases before the courts; Parents will have justified absences from work (if they are not working from home) and the same support as was given in the first phase of the confinement, which corresponds to 66% of remuneration. These additional measures will enter into force on Friday, January 22nd, and will be revaluated within 15 days.   Strengthening of the restrictive measures The Government decided to strengthen some of the measures adopted in the context of this lockdown period. The following restrictive measures have been implemented: Establishments close at 8pm on weekdays and 1pm at weekends (with the exception of food retail, which at weekends can be open until 5pm); No sale or delivery to the wicket in any establishment in the non-food sector (e.g. clothing shops); No sale to the wicket of any kind of beverage; Restaurants in shopping centres are closed, even the takeaway services; All sales campaigns promoting displacement and concentration of people are prohibited; Ban on movement between municipalities on the weekends; No concentration in public spaces, where you can circulate but not stay (e.g. public parks) Prohibition to stay in riverside front areas, with reinforced signs of prohibition to stay in seats, sports equipment and others; Senior universities, day centres and social centres are closed. The Government also stated that these measures will be followed by the strengthening of the supervision of the Working Conditions Authority (ACT) and the security forces, which will have increased presence on the public road, namely in the immediate surroundings of schools. State of Emergency Following the Prime Minister?s announcement on Wesdnesday, the Council of Ministers approved today Decree no. 3-/2021 which regulates the renewal of the state of emergency, which will be in force from 00h00 on January 15th to 11h59pm on January 30th. The measures adopted by the Decree will be in force for the period of one month and may be extended for a period of 15 days. We highlight the following general measures: Remote working is mandatory; Curfew is imposed, except for authorised movements (such as acquisition of essential goods and services, and performance of professional activities when remote working is not possible). Services and establishments which will close: Restaurants, except for take away services and home delivery; Gyms; Hairdressing salons; Non essential commerce; Cultural activities (such as auditoriums, museums, libraries, art galleries, etc). In contrast with the measures adopted in the context of the March 2020 lockdown, during this one schools and courts will remain open. Please click HERE to access to the diploma which renews the state of emergency. Click HERE to access to the Council of Ministers? diploma. Click HERE to access to the decree amending the compulsory remote working regime during the state of emergency. [/single_tab][/ult_tab_element] --- ## European Commission Public Consultation on the review of the framework of the Markets in Financial Instruments URL: https://ccsllegal.com/2020/03/02/european-commission-public-consultation-on-the-review-of-the-framework-of-the-markets-in-financial-instruments-2/ European Commission Public Consultation on the review of the framework of the Markets in Financial Instruments On 17 February, the European Commission launched an open public consultation on the regulatory framework of the Markets in Financial Instruments, foreseen in the Directive no. 2014/65/EU (MiFID II) and Regulation no. 600/2014 (MiFIR). The public consultation aims to obtain the views of all stakeholders on the following subjects: (i) Experience of two years of application of MiFID II/MiFIR regulatory framework; (ii) Technical aspects of the current MiFID II /MiFIR regulatory framework, so the Commission can assess the impact of possible changes to the EU legislation; and (iii) Any further regulatory aspects of MiFID II / MiFIR that the stakeholders would like to draw the attention of the European Commission. The consultation period closes on 20 April 2020. For more information please contact us at mac@ccsllegal.com [Photo: Adeolu Eletu, available at: unsplash.com] --- ## IEFP announces application periods for Professional Internships measure in 2020 URL: https://ccsllegal.com/2020/02/27/iefp-announces-application-periods-for-professional-interniships-measure-in-2020/ IEFP announces application periods for Professional Internships measure in 2020 With reference to the employment support measures, IEFP ? Instituto de Emprego e Formação Profissional, IP announced to open two regular application periods for Professional Internships in 2020, on the following dates: 1st period ? opening on March 2 and closing on June 30, 2020 2nd period ? opening on September 1 and closing on December 15, 2020 The Professional Internships measure constitutes an incentive for the insertion of young people in the labor market or for the professional retraining of unemployed people through the development of practical experience in the workplace. This measure allows companies that comply with the respective requirements and formalities to benefit of a substantial financial contribution in the payment of the Internship Grant and applicable remuneration supplements. For more information please contact us at: msb@ccsllegal.com [Photo: Cytonn Photography, available at: unsplash.com] --- ## The future of European policy on artificial intelligence URL: https://ccsllegal.com/2020/02/21/the-future-of-european-policy-on-artificial-intelligence/ The future of European policy on artificial intelligence The EU Commission has published a White Paper on artificial intelligence, announcing the Commission?s policy options on artificial intelligence technology considering its recent and the upcoming developments. In particular, the Commission?s policy options set out to maintain Europe?s hedge on artificial intelligence technology development, to strengthen its use among European industries and businesses and to improve the quality of services such as clinical care or data treatment. On the other hand, the Commission is concerned with the potential risks of the development of artificial intelligence technology such as undefined decision making, several kinds of discrimination and its use for criminal purposes. Click HERE to see the paper. For more information please contact us at: mac@ccsllegal.com [Photo: Franck V., available at: unsplash.com] --- ## Reporting information to CMVM for prudential supervision URL: https://ccsllegal.com/2020/02/21/reporting-information-to-cmvm-for-prudential-supervision/ Reporting information to CMVM for prudential supervision Following the transfer by Bank of Portugal to the Securities and Exchange Commission (CMVM) of the powers of prudential supervision over management entities of collective investment undertakings and securitisation funds, the CMVM approved Regulation no. 1/2020, which defines the form and content of the reporting obligations of the entities mentioned. Click HERE to see the Regulation. For more information please contact us at: mac@ccsllegal.com [Photo: Beatriz Pérez Moya, available at: unsplash.com] --- ## Have you submitted the declaration of the beneficial owner? Are you required to consult your (potential) clients RCBE? Are you aware of the consequences? URL: https://ccsllegal.com/2020/02/13/have-you-submitted-the-declaration-of-the-beneficial-owner-do-you-know-if-youre-a-required-entity-for-rcbe-purposes-are-you-aware-of-the-consequences/ Have you submitted the declaration of the beneficial owner? Are you required to consult your (potential) clients RCBE? Are you aware of the consequences? The companies that have not yet submitted the declaration of the beneficial owner (the initial deadline having been extended until October 31, 2019) are restricted, since February 1, in relation to the following: To distribute of profits or realization of advance payments on profits; To enter into agreements with the State and other public entities; To bid for the concession of public services; To admit to trading in the regulated market financial instruments representative of its capital stock or convertible into it; To launch public offers for the distribution of any financial instruments issued by it; To receive support from European funds; and To conduct business relating to real estate (sale and purchase, donation, establishment of usufruct or surface right, mortgage) This is due to the fact that the so-called ?obliged entities? (e.g. credit institutions, lawyers, solicitors, auditors, accountants, tax consultants, entities that carry out activities in the real estate sector, companies and venture capital investors) are obliged to consult the central registry of the effective beneficiary as of January 31, 2020, in accordance with Ordinance No. 200/2019 of June 28, and must subject the establishment of their business relations or transactions to the verification of the entity?s compliance with the obligation of registration in the RCBE. The possibility of registering the beneficial owner free of charge is still maintained, although it is foreseen that the registration after the deadline legally established will entail a cost for the company of EUR 35. Click HERE to see the ordinance. Click HERE to see the RCBE?s diploma. For more information please contact us at: mac@ccsllegal.com [Photo: Sergey Zolkin, available at: unsplash.com] --- ## Bank of Portugal – Amendments to the macroprudential Recommendation on new credit agreements for consumers URL: https://ccsllegal.com/2020/02/04/bank-of-portugal-amendments-to-the-macroprudential-recommendation-on-new-credit-agreements-for-consumers/ Bank of Portugal ? Amendments to the macroprudential Recommendation on new credit agreements for consumers On 31 January, the Bank of Portugal, in its capacity as macro-prudential, published a new press release informing that the macroprudential Recommendation on new credit agreements for consumers was amended. Referring to the current economic environment, characterised by high uncertainty, and to the slowdown in economic activity, the Bank of Portugal decided to reduce the maximum maturity of new personal credit to 7 years, except for credit for education, healthcare and renewable energy, which will continue to have a maximum maturity of 10 years. In addition, the Bank of Portugal limited to 10%, each semester, the total amount of new credit granted by the institutions to borrowers with a Debt Service-to-income of up to 60%. These changes will enter into force as of 1 April 2020. For more information please contact us at mac@ccsllegal.com [Photo: Diane Helentjaris, available at: unsplash.com] --- ## Update of the value of the Social Support Index (IAS) for 2020 URL: https://ccsllegal.com/2020/02/03/update-of-the-value-of-the-social-support-index-ias-for-2020/ Update of the value of the Social Support Index (IAS) for 2020 Ordinance no. 27/2020, published on January 31, 2020, updates the value of the social support index for the year 2020 to EUR 438.81 from EUR 435,76. This index is used for setting, calculating and updating social security payments. Click on the link below to see the diploma: https://dre.pt/application/conteudo/128726978 For more information please contact us at jcg@ccsllegal.com [Photo: Isaac Smith, available at: unsplash.com] --- ## Financial incentives for the acquisition of electric vehicles and loading stations in the Autonomous Region of the Azores URL: https://ccsllegal.com/2020/01/27/financial-incentives-for-the-acquisition-of-electric-vehicles-and-loading-stations-in-the-autonomous-region-of-the-azores/ Financial incentives for the acquisition of electric vehicles and loading stations in the Autonomous Region of the Azores The Regional Regulatory Decree no. 2/2020/A was published today, which regulates the granting of financial benefits for the acquisition of new electric vehicles and loading stations, in the Autonomous Region of the Azores. The granting of these benefits requires an application to the department of the Regional Government of the Azores with competence in energy matters. This benefit is available to natural and legal persons who have their tax residency in the Autonomous Region of the Azores. This benefit does not apply to companies engaged in the trade or rental of equipment covered by these incentives, or to electric vehicles that have been subject to the process of legalization of importation of vehicles. Once the incentive has been granted, the beneficiary must own the electric vehicle for at least 5 years, also being prohibited from exporting the vehicle for the same period. The non-compliance with these obligations may lead to the repayment of the incentive in full. The amount and conditions of the financial support will be fixed by resolution of the Regional Government Council of the Azores. Click on the link below to see the diploma: https://dre.pt/application/conteudo/128515585 For more information please contact us at: jcg@ccsllegal.com [Photo: JP Valery, available at: unsplash.com] --- ## New withholding tax rates for 2020 (personal income tax) URL: https://ccsllegal.com/2020/01/21/new-withholding-tax-rates-for-2020-personal-income-tax/ New withholding tax rates for 2020 (personal income tax) Order no. 785/2020, published today, updates the personal income withholding tax rates applicable on employment and pension income for Portuguese tax residents in 2020 (mainland Portugal). Click on the link below to see the withholding tax tables: https://dre.pt/application/file/a/128277633 For more information please contact us at jcg@ccsllegal.com [Photo: Kelly Sikkema, available at: unsplash.com] --- ## Ruling of the Portuguese Constitutional Court ? The unconstitutionality of paragraph number 2 of Article 398 of the Portuguese Companies Code URL: https://ccsllegal.com/2020/01/07/ruling-of-the-portuguese-constitutional-court-the-unconstitutionality-of-paragraph-number-2-of-article-398-of-the-portuguese-companies-code/ Ruling of the Portuguese Constitutional Court ? The unconstitutionality of paragraph number 2 of Article 398 of the Portuguese Companies Code On 17 December 2019, the Portuguese Constitutional Court declared, through Ruling no. 774/2019, the unconstitutionality, with general mandatory force, of paragraph number 2 of Article 398 of the Portuguese Companies Code, which establishes the termination of the employment agreement entered into less than one year ago, when the employee is appointed as director of the company. The Portuguese Constitutional Court considered that the rule suffers from a procedural irregularity as a result of the violation of the right of workers? organisations to participate in the legislative process. Nevertheless, the Portuguese Constitutional Court decided to limit the effects of the declaration of unconstitutionality by ruling that it only takes effect from the date of the ruling?s publication. Click here to access Ruling no. 774/2019. For more information please contact us at: mac@ccsllegal.com [Photo: Aditya Joshi, available at: unsplash.com] --- ## Change to the Legal Framework of the Public Passenger Transport Service URL: https://ccsllegal.com/2019/12/10/change-to-the-legal-framework-of-the-public-passenger-transport-service/ Change to the Legal Framework of the Public Passenger Transport Service Anticipating the expiration of the transitional regime that was in force until 3 December, Decree-Law 169-A/2019 was published on 29 November, introducing changes to Article 10 of the Legal Framework of the Public Passenger Transport Service. These changes allow the Transport Authorities to extend the current provisional authorisations for public passenger transport, provided that prior to such extension they initiate the pre-contractual procedure for the selection of a new operator, by submitting the procedural documents to the Mobility and Transport Authority for its opinion. Click here to access the diploma. For more information please contact us at: jlp@ccsllegal.com [Photo: Maria José Oyarzun, available at: unsplash.com] --- ## Partners of CCSL Advogados distinguished by The Best Lawyers in Portugal 2020 URL: https://ccsllegal.com/2019/12/09/partners-of-ccsl-advogados-distinguished-by-the-best-lawyers-in-portugal-2020/ Partners of CCSL Advogados distinguished by The Best Lawyers in Portugal 2020 José Calejo Guerra was included for Tax Law, João de Lemos Portugal for Real Estate Law and Mafalda de Almeida Carvalho for Project Finance and Development Practice in the 10th Edition of The Best Lawyers in Portugal. The Best Lawyers is one of the oldest international rankings on the legal market and has announced the results for the 2020 Edition. The american ranking distinguishes the best lawyers in each jurisdiction based on the opinions and votes of their peers and clients. You can verify the list of distinguished lawyers and law firms at the following link: https://www.bestlawyers.com/current-edition/Portugal   --- ## Ruling on crypto assets delivered in the UK URL: https://ccsllegal.com/2019/11/29/ruling-on-crypto-assets-delivered-on-the-uk/ Ruling on crypto assets delivered in the UK UK Jurisdiction Taskforce of the Lawtech Delivery Panel delivered a ruling on crypto assets, defining them as property under English and Welsh law. Click on the link below to see the article: https://www.iflr.com/Article/3906606/UK-crypto-ruling-excites-industry-despite-lacking-legal-clout.html For more information please contact us at: mac@ccsllegal.com [Photo: Ruxipen, available at: unsplash.com] --- ## Public consultation – draft regulation on loan funds URL: https://ccsllegal.com/2019/11/29/public-consultation-draft-regulation-on-loan-funds/ Public consultation ? draft regulation on loan funds  On 27 November, the CMVM has submitted for public consultation a draft regulation on specialized alternative investment funds (SAIFs) for credit, or funds for credit. Click on the link below to access the public consultation: https://www.cmvm.pt/en/Legislacao/ConsultasPublicas/CMVM/Pages/20191127mv.aspx For more information please contact us at: mac@ccsllegal.com [Photo: Sharon Mccutcheon, available at: unsplash.com] --- ## Increase of property tax for vacant properties in Lisbon URL: https://ccsllegal.com/2019/11/21/increase-of-property-tax-for-vacant-properties-in-lisbon/ Increase of property tax for vacant properties in Lisbon The Lisbon Municipal Assembly approved an increase of the rate of municipal property tax (IMI) for vacant premises in areas of greater urban pressure. According to this decision the new applicable rate shall be of 1.8%. For more information, please contact us at info@ccsllegal.com [Photo: Diego Garcia, available at: unsplash.com] --- ## CCSL Advogados is a founding member of the Pro Bono Aliance URL: https://ccsllegal.com/2019/11/18/ccsl-advogados-is-a-founding-member-of-the-probono-aliance/ CCSL Advogados is a founding member of the Pro Bono Aliance https://www.advogar.pt/2019/dia-pro-bono-pela-primeira-vez-em-portugal/ [Photo: Chris Brignola, available at: unsplash.com] --- ## CCSL Advogados @ Who?s Who in Business Law Firms in Portugal URL: https://ccsllegal.com/2019/11/15/ccsl-advogados-whos-who-in-business-law-firms-in-portugal/ CCSL Advogados @ Who?s Who in Business Law Firms in Portugal José Calejo Guerra, partner of CCSL Advogados participates in the Forum of Who?s Who in Business Law Firms in Portugal, edition 2019/2020, by Jornal Económico. Loading... Taking too long? Reload document | Open in new tab Download [85.92 KB]   You can see the full article at the following link: https://leitor.jornaleconomico.pt/download?token=4e3710405387c433edfa3da61936d02b&file=Q_%C3%A9_Q_dos_Advogados_2019.pdf   --- ## Standardisation of Case Law (Acórdão Uniformizador de Jurisprudência) ? The application of the goodwill compensation to the commercial concession agreement URL: https://ccsllegal.com/2019/11/05/standardisation-of-case-law-acordao-uniformizador-de-jurisprudencia-the-application-of-the-goodwill-compensation-to-the-commercial-concession-agreement/ Standardisation of Case Law (Acórdão Uniformizador de Jurisprudência) ? The application of the goodwill compensation to the commercial concession agreement On 4 November 2019 the Portuguese Supreme Court Decision no. 6/2019 was published, addressing the right of the concessionaire to a goodwill compensation after the termination of the commercial concession agreement. Following two contradictory court decisions, the Portuguese Supreme Court harmonised the case law by ruling that the application by analogy of the right to a goodwill compensation ? only foreseen in the legal framework of the commercial agency agreement ? to the commercial concession agreement depends on the fulfilment of all the requirements set forth in the legal framework of the commercial agency agreement, in particular, that the former concessionaire no longer receives any income resulting from the commercial activity previously carried out. [Photo: Thomas Martinsen, available at: unsplash.com] --- ## CCSL Advogados strengthens the team by hiring two lawyers URL: https://ccsllegal.com/2019/10/28/ccsl-advogados-strengthens-the-team-by-hiring-two-lawyers/ Armando Costa e Silva and Mariana Prelhaz are the new members of CCSL Advogados, in the areas of real estate, corporate and commercial law. https://jornaleconomico.sapo.pt/noticias/ccsl-advogados-reforca-equipa-506057 --- ## New financial incentives to support small and medium-sized companies URL: https://ccsllegal.com/2019/10/23/new-financial-incentives-to-support-small-and-medium-sized-companies/ A new tender was launched as part of the ?Productive Innovation? incentive system for small and medium-sized enterprises (SMEs) in the Lisbon region. Under the terms of this tender, financial support is granted in the form of an interest-free reimbursable and non-refundable incentive, aimed at innovative SME eligible projects. The deadline for the submission of applications is 29 November 2019. For more information please contact us at info@ccsllegal.com [Photo: Drew Beamer, available at: unsplash.com] --- ## Tax treaty between Portugal and Angola enters into force URL: https://ccsllegal.com/2019/10/15/tax-treaty-between-portugal-and-angola-enters-into-force/ The tax treaty between Portugal and Angola has now entered into force. In accordance with the treaty, it shall apply: in Portugal: a) with regard to withholding taxes, the rules will take effect on 1 January 2020. b) with respect to other taxes, the provisions shall take effect as from tax periods beginning on or after 1 January 2020; in Angola: the rules shall apply to taxes for which the taxable event occurs after 31 December 2019. The treaty shall be in force for a period of 8 years, automatically renewable for equal and successive periods. Click on the link below to see the diploma: https://dre.pt/application/conteudo/125028207 For more information please contact us at info@ccsllegal.com [Photo: Jorge Sá Pinheiro, available at: unsplash.com] --- ## Legal framework of buildings without a known owner URL: https://ccsllegal.com/2019/10/15/legal-framework-of-buildings-without-a-known-owner/ Legal framework of buildings without a known owner Decree-Law no. 149/2019, of October 9, establishes that the procedure of identification, recognition and registration of rustic or mixed buildings without a known owner, pursuant to Article no. 1345 of the Portuguese Civil Code, is subject to three different stages (i) the identification, announcement and recognition of the building without a known owner; (ii) the provisional registration of the building without a known owner; and (iii) the definitive registration of the building without a known owner in favour of the State. According to this diploma, is presumed to be a building without a known owner a building that, due to lack of description in the land registry or registry in the matrix, does not integrate the public or private property of the State, Autonomous Regions and local authorities, or the property of individuals, or legal persons of private law, public or associative, cooperative or community nature, and is not subject to any personal right of use (direito real ou pessoal de gozo) (e.g. not subject to any tenancy agreement). The main change introduced by the Decree-Law concerns the provision of several announcement phases aimed to inform the stakeholders of the identification of a building as a building without a known owner and to give them the opportunity to comment it. Click on the link below to see the original diploma: https://dre.pt/application/conteudo/125085454 For more information please contact us at info@ccsllegal.com. [Photo: Sasha Pleshco, available at: unsplash.com] --- ## Financial services and social security measures to be applied in the event of Brexit URL: https://ccsllegal.com/2019/10/01/7743/ Financial services and social security measures to be applied in the event of Brexit Decree-Law n.º 147/2019, of 30 September 2019, approves the measures to be applied in the event the United Kingdom leaving the European Union, without agreement, regarding financial services and social security matters. In the absence of an agreement, investment companies and entities managing collective investment undertakings headquartered in the United Kingdom will no longer, upon withdrawal from the European Union, be able to benefit from the European regime that grants them freedom to provide services to investors in other Member States, as they will be covered by the regime applicable to entities headquartered in third countries. To the extent that the Brexit will result in an immediate cessation of the services provided by these entities to investors in Portugal, this law approves transitional measures with regards to financial services, allowing credit institutions, investment firms and entities managing collective investment undertakings headquartered in the United Kingdom, which on the date of exit from the European Union are authorised to provide investment services and activities, to continue, provisionally, to do so in Portugal, with the necessary time to terminate the current contracts and associated investments. In addition, the Decree-Law approves contingency measures for contracts relating to the receipt of deposits or other repayable funds and other credit operations, thus ensuring the continuity of the provision of services to banking customers. On the other hand, the law approves social security measures relating to access to social benefits and pensions. Thus, for this purpose, the periods from the Brexit to 31 December 2020 shall be dully accounted for. Click on the link below to see the diploma: https://dre.pt/application/conteudo/125016440 For more information please contact us at info@ccsllegal.com [Photo: Sabrina Mazzeo, available at: unsplash.com] --- ## CCSL Advogados talks about co-living legal and tax implications URL: https://ccsllegal.com/2019/09/30/ccsl-advogados-talks-about-co-living-legal-and-tax-implications/ CCSL Advogados talks about co-living legal and tax implications José Calejo Guerra and João de Lemos Portugal discussed the challenges and opportunities associated with the co-living model under the legal and tax Portuguese regimes. The event was hosted by B-Hive Living and was aimed and enthusiasts and promoters of co-living spaces.                                                 --- ## Changes in the Portuguese financial supervision URL: https://ccsllegal.com/2019/09/25/changes-in-the-portuguese-financial-supervision/ Changes in the Portuguese financial supervision The supervision of investment funds? management companies and of securitisation funds? management companies was transferred from the Bank of Portugal to the Portuguese Securities Commission (PSC), concentrating on the PSC both the prudential and market conduct supervision, which will allow a more global view on the part of the PSC, aiming to increase the efficiency on the compliance procedures that the aforementioned players are faced with. This legislative amendment also foresees the creation of Loan Funds or Loan Companies (although subject to further regulation by the PSC) and brings changes to the Venture Capital, Social Entrepreneurship and Specialised Investment Legal Regime. These Loan Funds and Loan Companies aim to be a supplement to the traditional financing instruments (in particular, bank credit) for the companies operating in the Portuguese market,as they are allowed to grant credit to companies and to acquire non-performing loans owned by banks, thus improving the complementarity between the banking sector and venture capital and securitisation sectors. This change is the result of new legislation on the Portuguese financial supervision system which shall bring such system closer to European regulation on this matter. The mentioned legislative change comes into force on January 1, 2020. [Photo: Sean Pollock, available at: unsplash.com] --- ## Directive on tax dispute resolution mechanisms in the European Union implemented in Portugal URL: https://ccsllegal.com/2019/09/24/directive-on-tax-dispute-resolution-mechanisms-in-the-european-union-implemented-in-portugal/ With the publication of Law no. 120/2019, of 19 September, Portugal implemented the Directive (EU) 2017/1852 of 10 October 2017, establishing the rules on tax dispute resolution mechanisms involving the competent authorities of Portugal and other EU Member States concerning the interpretation and application of international agreements and conventions to avoid double taxation of income, also setting the rights and obligations of any interested party in relation to their disputes. According to this regime, taxpayers have a 3 years deadline to submit a claim to the respective national competent authority on any international (EU) double taxation issues. It is also established that the exercise of this right by the interested party does not constitute an impediment to the exercise of the right to appeal or challenge, under the terms set out in Portuguese law or the law of another country involved in the dispute. Once the complaint has been submitted, the national competent authority shall decide whether to accept or reject it within six months of its receipt and shall issue a final decision within 2 years of acceptance of the claim (a maximum extension of 1 year is allowed). It is also foreseen that, if an agreement is reached between all the competent authorities concerned in this respect, the decision will be binding on the national competent authority and enforceable by the taxpayer (provided that the taxpayer accepts it and, if any other appeal is pending, renounces it). Furthermore, if it is not possible to reach an agreement between the national competent authority and the other competent authorities involved in the dispute, the person concerned must be notified of this fact and the reasons for it. If the decision is not favourable, the taxpayer may use its domestic appeal mechanisms or appeal to the Advisory Commission. Once established, the Advisory Commission will issue an opinion and an agreement shall be reached between the national competent authority and the other competent authorities concerned within six months of notification of the opinion (it will not be necessary for this agreement to have the same content as the opinion). In the absence of an agreement between these authorities, the opinion shall be binding on the national competent authority. Click on the link below to see the diploma: https://dre.pt/application/conteudo/124831325 For more information please contact us at info@ccsllegal.com [Photo: Markus Spiske, available at: unsplash.com] --- ## CCSL Advogados was distinguished in the prestigious annual World Tax URL: https://ccsllegal.com/2019/09/18/ccsl-advogados-was-distinguished-in-the-prestigious-annual-world-tax/ CCSL Advogados was distinguished in the prestigious annual World Tax for 2020, as a notable firm within the category of general corporate tax. See the full list here: https://www.itrworldtax.com/Firm/CCSL-Advogados/Profile/501#rankings    CCSL?s partner José Calejo Guerra was also recognised as highly regarded lawyer in tax controversy. https://www.itrworldtax.com/Lawyer/CCSL-Advogados/Jose-Calejo-Guerra/Profile/1291#profile   --- ## CCSL in the news URL: https://ccsllegal.com/2019/09/13/ccsl-in-the-news/ CCSL in the news ? João de Lemos Portugal comments on the future of the legal profession @ Jornal Económico https://leitor.jornaleconomico.pt/download?token=40e64c7754ebc328a2371af9556f839f&file=ESP_SUP_2006.PDF --- ## Contingency measures in the event of Brexit: a Portuguese perspective URL: https://ccsllegal.com/2019/09/04/contingency-measures-in-the-event-of-brexit-a-portuguese-perspective/ As Brexit is fast approaching, it is important to understand what can the effects be in the event the United Kingdom leaves the European Union without an agreement, namely regarding the protection of British nationals residing in Portugal. According to the Portuguese law published in March, all current rights will be guaranteed to British citizens legally residing in Portugal on or before the Brexit date and until 31 December 31, 2020 (the end of the transition period). Under this regime, those who have lived in Portugal for less than five years will be entitled to a temporary residence permit, while older residents will have a ?permanent residence permit or long-term resident status?. In any case, all interested persons will have to apply for a residence permit until December 31, 2020 and prove that they were living in Portugal on the date of Brexit. This process will be dealt with by municipal councils and registry offices, under the responsibility of the Foreigners and Borders Service. Regarding higher education, British citizens who are already studying at a Portuguese higher education institution or enrolling until 31 December 2020 are excluded from the status of international student until they complete the cycle of studies in which they enrolled or to which they transition. British pensioners living in Portugal retain all their pension rights and access to health care provided in all NHS services and establishments. This said, it should also be noted that Portugal shall only apply the above regime for British citizens if it is established that the British authorities will apply equivalent measures to Portuguese citizens residing in the UK. Click on the link below to see the diploma: https://dre.pt/web/guest/home/-/dre/121734971/details/maximized?serie=I&day=2019-03-28&date=2019-03-01 For more information please contact us at info@ccsllegal.com [Photo: Jack B, available at: unsplash.com] --- ## List of companies that the Angolan State will sell disclosed URL: https://ccsllegal.com/2019/08/21/list-of-companies-that-the-angolan-state-will-sell-disclosed/ The list of companies that the Angolan State will sell, in whole or in part, through a public tender, a restricted tender by prior qualification or privatization on the stock exchange, has been disclosed. See below the list of the 195 companies: National reference companies (32): BCI, ENSA, BAI, Bodiva, Banco Económico, Banco Caixa Geral Angola, SD ZEE, Aldeia Nova, Biocom, Textang II, SATEC, África Têxtil, Nova Cimangola, Secil do Lobito, Cuca, EKA, Ngola, Mota Engil Angola, MS Telecom, Net One, Unitel, Sonangol Sonangalp, Endiama, Sonair, TAAG, SGA (Enana), Angola Telecom, TV Cabo Angola, Angola Cables, Multitel, ENCTA, Technip Angola, OPS Production, OPS Serviços de Produção Petrolífera, Sonamet Industrial, Angofles Industrial, China Sonangol, Sonimech. Sonangol subsidiaries and assets (50): Centro Infantil 1 de Junho, Centro Infantil Futuro do Amanhã, Dirani SGPS, Dirani Project II,, III e IV, Genius, Solo Property Nightbrigde, Founto, Atlântida Viagens Turismo (Luanda), Atlântida Viagens Turismo (Lisboa), Miramar Empreendimentos, WTA/Houston Express, WTA International, WTA (Paris), WTA Travel Agency Luanda, ITSS, Clínica Girassol, CCTA, Manubito, Luxerviza, Porto Amboim Estaleiro Naval, Estaleiro Naval do Lobito, Puaça, ENCO, Jasmin Shipping Company, China Sonangol Internacional, Puma Energy, Societé Ivoirienne de Raffinage, Sonadiets Lda, Sonadiets Services, Sonaid, Sonangol Cabo Verde, Sonasurf Angola, Sonasing Mondo, Sonasing Saxi Batuque, Sonasing Xicomba, Sonasurf International, Sonatide Marine Lda (sucursal), Sonatide Marine Services, Petromar Lda, Kwanda Suporte Logístico Lda, Sona Cergy, Hotel Infotur Benguela, Hotel da Base do Kwanda, HCTA, Hotel Florença. Industrial units located in the Angolan Special Economic Zone (51): Univitro, Juntex, Carton, Absor, Indugidet, Coberlen, Saciango, Indupackage, Induplas ? Indútria de sacos de plástico, Angtor, Transplas, Bombágua, Galvanang Indústria da Galvanização, Infer, Matreléctrica, Indupame, Telhafal, Inducarpin ? Indústria de Carpintaria, Indutubos ? Indústria de Tubos de HDPE, Mecametal, Induplastic ? Indústria de Acessórios de Plástico, Pipeline ? Indústria de PVC, BTMT ? Indústria de AP, BT & MT e Caldeira, Inducabos, Ninhoflex, Vedaela, Calcante, Empave, Funsulcaco, Inducon, Indufex, Indulouças, Indutive, Indutite, Portatura, Ursucobal, Angola Cabos, Betonar, Indugalve, Fundinar, Inocombo, Sidurex, Tensão BT, Unidulab, Pivangola, Inducerang, Indumassas, Lab Control, Zube II, Mangotal, Inducamar. Other enterprises and assets to be privatised (62): Matadouro Industrial da Catumbela, Matadouro Industrial e Porto Amboim, Matadouro Modular de Luanda, Matadouro Modular de Malanje, Fábrica de Processamento de Tomate e de Banana de Caxito, Entreposto Frigorífico de Caxito, Fábrica de Latas de Dombe Grande, Fábrica de Processamento de Tomate de Dombe Grande, Entreposto Frigorifico de Dombe Grande, Fábrica de Processamento de Tomate do Namibe, Entreposto Frigorífico do Namibe, Complexo de Silos da Caconda, Complexo de Silos da Caala, Complexo de Silos de Catabola, Complexo de Catete, Complexo de Silos da Ganda, Complexo de Silos da Matala, Fazenda Quizenga, Fazenda Cubal, Fazenda Pungo Andongo, Fazenda de Longa, Projecto de Desenvolvimento Agrícola da Camaiangala, Fazenda Agro-industrial do Cuimba, Projecto de Desenvolvimento Agrícola de Sanza Pombo, Hotel Infotur Lubango, Hotel Infotur Namibe, Hotel Infotur Cabinda, Hotel Maianga, Hotel Rio Mar, Unicargas, TCUL, Secil Marítima, ACS, Elta, Peskwanza, Centro de Formação e Processamento de Pescado do Ngolome, Centro de Larvicultura e Engorda do Massangano, Estaleiro Naval ex-Soconal, Estaleiro da Caota Deolinda Rodrigues, Centro de Apoio à Pesca Artesanal da Lândana, Centro de Apoio à Pesca Artesanal do Lombo Lombo, , Centro de Apoio à Pesca Artesanal da lha de Luanda, Centro de Apoio à Pesca Artesanal do Buraco, Centro de Apoio à Pesca Artesanal do Cabo Ledo, Centro de Apoio à Pesca Artesanal da Equimina, Centro de Apoio à Pesca Artesanal da Damba Maria, Centro de Apoio à Pesca Artesanal da Caota, Centro de Apoio à Pesca Artesanal do Egipto Praia, Centro de Apoio à Pesca Artesanal do Tombwa, Centro de Apoio à Pesca Artesanal da Lucira, Centro de Salga e Seca do Tombwa, Centro de Salga e Seca de Moçâmdedes, Centro de Apoio à Pesca Artesanal das Salinas, Centro de Apoio à Pesca Artesanal do Kicombo, Centro de Apoio à Pesca Artesanal do Soyo, Centro de Apoio à Pesca Artesanal do Nzeto, Centro de Apoio à Pesca Artesanal do Kasai, Centro de Apoio à Pesca Artesanal da Barra do Dande. For more information please contact us at info@ccsllegal.com [Photo: Aline Oliveira, available at: unsplash.com] --- ## Execution of the GDPR in the Portuguese legal order URL: https://ccsllegal.com/2019/08/11/execution-of-the-gdpr-in-the-portuguese-legal-order/ The law to ensure the execution of the European Regulation on the data protection of individuals (known as GDPR) in the Portuguese legal order comes into force today. Click on the link below to see the diploma: https://dre.pt/web/guest/home/-/dre/123815982/details/maximized?serie=I&day=2019-08-08&date=2019-08-01 For more information please contact us at info@ccsllegal.com [Photo: Emily Morter, available at: unsplash.com] --- ## Amendments to the competition regulatory regime on the wholesale electricity market URL: https://ccsllegal.com/2019/08/09/amendments-to-the-competition-regulatory-regime-on-the-wholesale-electricity-market/ New legislation has been published amending the regulatory regime to maintain a balanced competition on the wholesale electricity market. This new amendment aims to correct interpretation issues that the original legislation has been creating, as well as to harmonize the mentioned regulatory regime with the Iberian Electricity Market, thus implementing better competition conditions and a thicker protection of the final consumer. Click on the link below to see the diploma: https://dre.pt/web/guest/home/-/dre/123855888/details/maximized?serie=I&day=2019-08-09&date=2019-08-01 For more information please contact us at info@ccsllegal.com [Photo: Rawfilm, available at: unsplash.com] --- ## List of the high added value activities amended URL: https://ccsllegal.com/2019/07/26/list-of-the-high-added-value-activities-amended/ Ordinance no. 230/2019, published on July 23, amended the list of activities considered as high added value activities for the purposes of the non-habitual tax residents regime. The amendment reflects the adoption of a model based on the Portuguese classification of professions, thus abandoning the previous model based on codes of economic activities. This change is expected to provide further clarification on the scope and extent of each of the activities included in the table. Comparision between the activities considered to qualify as high added value, before and after the amendment: 1 ? Architects, engineers and similar technicians: 101 ? Architects; 102 ? Engineers; 103 ? Geologists. 2 ? Plastic artists, actors and musicians: 201 ? Theatre, ballet, cinema, radio and television artists; 202 ? Singers; 203 ? Sculptors; 204 ? Musicians; 205 ? Painters. 3 ? Auditors: 301 ? Auditors; 302 ? Tax Consultants. 4 ? Doctors and dentists: 401 ? Dentists; 402 ? Medical analysts; 403 ? Medical surgeons; 404 ? Shipboard doctors; 405 ? General practitioners; 406 ? Dentists; 407 ? Stomatologists; 408 ? Physiatrists; 409 ? Gastroenterologists; 410 ? Ophthalmologists; 411 ? Orthopaedic surgeons; 412 ? Otorhinolaryngologists; 413 ? Pediatricians; 404 ? Radiologists; 405 ? Doctors of other specialties. 5 ? Teachers: 501 ? University professors. 6 ? Psychologists: 601 ? Psychologists. 7 ? Liberal, technical and assimilated professions: 701 ? Archaeologists; 702 ? Biologists and specialists in life sciences; 703 ? Computer programmers; 704 ? Computer programming and consultancy and activities related to information technology and computing; 705 ? Computer programming activities; 706 ? Computer consultancy activities; 707 ? Management and operation of IT equipment; 708 ? Information service activities; 709 ? Data processing, hosting and related activities; web portals; 710 ? Data processing, hosting and related activities; 711 ? Other information service activities; 712 ? News agency activities; 713 ? Other information service activities; 714 ? Scientific research and development activities; 715 ? Research and experimental development on natural sciences and engineering; 716 ? Research and development in biotechnology; 717 ? Designers. 8 ? Investors, directors and managers: 801 ? Investors, directors and managers of companies promoting productive investment, provided that they are assigned to eligible projects and have tax benefit concession contracts entered into under the Investment Tax Code, approved by Decree-Law no. 249/2009, of 23 September; 802 ? Senior management of companies. I ? Professional activities (CPP codes): 112 ? General manager and executive manager of companies; 12 ? Directors of administrative and commercial services; 13 ? Production and specialized services directors; 14 ? Hotel, restaurant, trade and other services directors; 21 ? Specialists in physical sciences, mathematics, engineering and related techniques; 221 ? Doctors; 2261 -Dental practitioners and stomatologists; 231 ? Professor of university and higher education; 25 ? Information and communication technology (ICT) specialists; 264 ? Authors, journalists and linguists; 265 ? Creative and performing arts artists; 31 ? Intermediate level science and engineering technicians and professions; 35 ? Information and communication technology technicians; 61 ? Market-oriented farmers and skilled agricultural and livestock workers; 62 ? Market-oriented qualified forest, fishing and hunting workers; 7 ? Skilled workers in industry, construction and crafts, including in particular skilled workers in metallurgy, metalworking, food processing, wood, clothing, crafts, printing, the manufacture of precision instruments, jewelers, craftsmen, workers in electricity and electronics; 8 ? Plant and machinery operators and assembly workers, including operators of fixed installations and machinery; Workers who fall within the professional activities referred to above must have at least level 4 of qualification of the European Qualifications Framework or level 35 of the International Standard Classification of Education or have five years of duly proven professional experience. II ? Other professional activities: Directors and managers of companies promoting productive investment, provided that they are assigned to eligible projects and have tax benefit concession contracts entered into under the Investment Tax Code, approved by Decree-Law no. 162/2014, of 31 October. Click on the link below to see the diploma: https://dre.pt/application/conteudo/123407856 For more information please contact us at info@ccsllegal.com [Photo: Dennis Flinsenberg, available at: unsplash.com] --- ## New rules on the rehabilitation of buildings URL: https://ccsllegal.com/2019/07/18/new-rules-on-the-rehabilitation-of-buildings/ A new legal regime on the rehabilitation of buildings was approved thus replacing the temporary regime that has been applicable so far. This new legal regime lays down the principles applicable to rehabilitation projects, such as the principle of protection and enhancement of the existing real estate, the principle of environmental preservation and the principle of proportional and progressive improvement. New technical rules are also established covering safety features, such as protection against fire or earthquake, as well other features that enhance the construction?s quality, such as thermal behaviour and energy efficiency and acoustic behaviour. Click on the link below to see the diploma: https://dre.pt/web/guest/home/-/dre/123279819/details/maximized For more information please contact us at info@ccsllegal.com [Photo: Carlos Machado, available at: unsplash.com] --- ## Public real estate rehabilitation plan URL: https://ccsllegal.com/2019/07/17/public-real-estate-rehabilitation-plan/ A new rehabilitation plan of public real estate has been announced aiming to convert the State?s unused properties (directly owned by the State or by public companies) into affordable housing to be leased in the scope of public leasing programs. These public programs intends to provide families (mainly lower income ones) with housing at affordable prices. Click on the link below to see the diploma: https://dre.pt/web/guest/home/-/dre/123183036/details/maximized For more information please contact us at info@ccsllegal.com [Photo: Joel Filipe, available at: unsplash.com] --- ## CCSL session on Entrepreneurship Incentives URL: https://ccsllegal.com/2019/06/26/ccsl-session-on-entrepreneurship-incentives/ CCSL session on Entrepreneurship Incentives held last Friday, June 21. Thanks to APBA, Planalto Capital, ALPAC Capital, Indico Capital Partners and Moviinn, the speakers and the guests for partnering with us!                                                                                                 --- ## Entrepreneurship incentives URL: https://ccsllegal.com/2019/06/11/entrepreneurship-incentives/   Entrepreneurship incentives (Conducted in English) Overview Workshop on incentive plans and compensation of entrepreneurs and top management within the context of the start-up ecosystem. With the participation of key speakers who will provide useful insights on the topic, from the point of view of entrepreneurs, investors and top management. Friday 21 June 20194:00 pmFree registrations : info@ccsllegal.com     Speakers Cristina Fonseca Cristina is the co-founder of Talkdesk, a company that allows its clients to create a call center using nothing but a web browser. Francisco Ferreira Pinto Francisco is executive director of Busy Angels, a venture capital firm with a diversified portfolio. Gonçalo Vilaça Gonçalo is the COO of Tonic App, an app developed to help medical doctors diagnose their patients. Hugo Gonçalves Pereira Hugo is the CEO of MOGOPE, a family owned private equity firm, and a partner at Shiling Capital Partners, a business angel vehicle. João Gomes João is the managing director of Mobiletric, a company focused on electric mobility, in particular, developing new solutions to charge electric cars. José Calejo Guerra José is the founding partner at CCSL Advogados, a boutique law firm specialized in legal and tax matters. Mafalda Almeida Carvalho Mafalda is a partner at CCSL Advogados, responsible for the corporate and financing practices with relevant expertise in the private equity industry. Pedro Vargas David Pedro is the CEO and partner at Alpac Capital, a venture capital and private equity firm focused on the markets of Portugal, Hungary and the United Arab Emirates. Rui Miguel Stoffel Rui is a co-founder and the CEO of BusUp Technologies, a start-up dedicated to providing on-demand bus services. Stephan Morais Stephan is the founder and managing general partner of Indico Capital Partners, a venture capital firm focused on artificial intelligence, fintech, cybersecurity and digital start-ups.   LocationLACS Rocha Conde de Óbidos, 1350-352 Lisbon Agenda TIME PANEL SPEAKERS 4:00 pm FOUNDERS PANEL Mafalda Almeida Carvalho (Partner at CCSL Advogados)Stephan Morais (Partner at Indico Capital)Hugo Gonçalves Pereira (Business Angels)Cristina Fonseca (Co-Founder of Talkdesk)Rui Miguel Stoffel (Co-Founder of BusUp) 5:10 pm COFFEE BREAK   5:30 pm TOP MANAGEMENT PANEL José Calejo Guerra (Partner at CCSL Advogados)Francisco Ferreira Pinto (Busy Angels)Pedro Vargas David (Partner at Alpac Capital)João Gomes (CEO of Mobiletric)Gonçalo Vilaça (COO of Tonic App) 6:40 pm DRINKS     --- ## Public and Regulatory URL: https://ccsllegal.com/finance-and-capital-markets-2/ Tax and Social Security Corporate and M&A Real Estate Public and Regulatory Finance and Capital Markets Litigation and Employment Intellectual Property Public and Regulatory CCSL Advogados? practice on Public and Regulatory Law covers different topics, namely those related with sectors such as Energy, Environment and Transportation. In particular we provide the following services: Licensing operations and contracts between operators Tenders for energy projects Power purchase agreements Environmental offences Public tenders As with all other areas CCSL Advogados favours an interdisciplinary approach bringing the best of our joint knowledge to the client?s benefit. --- ## Pedro Leitão da Mota URL: https://ccsllegal.com/team/pedro-leitao-mota/ Pedro Leitão da Mota Associate Pedro?s experience include tax and corporate matters, supporting the firm?s clients on multiple sectors and operations. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Pedro completed his traineeship at Sousa Guedes, Oliveira Couto & Associados having also worked as tax assistant at Crowe, both in Oporto. At CCSL Advogados Pedro focuses on tax, civil and corporate matters. Academic Background Pedro holds a law degree from Católica University ? Oporto School of Law (2015), a Masters in Law and Management from the same University as well as post-graduate degrees in Taxation and in Data Protection. Expertise Pedro is a full member of the Portuguese Bar Association and speaks fluent Portuguese and English. E-mail Contact: plm@ccsllegal.com --- ## João Fernandes de Aguiar URL: https://ccsllegal.com/team/joao-fernandes-aguiar/ João Fernandes de Aguiar Associate João has experience in supporting national and international clients, both private and corporate, in advising on public law related matters in a wide range of business sectors. He has also aided clients in the tax and administrative litigation sector, both at the Public Office?s departments and at the Administrative and Tax Courts. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Prior to joining CCSL, João worked with firms such as Morais Cardoso & Associados and Lança & Associados, also in the areas of administrative and tax law. Academic Background João holds a law degree from the University of Lisbon Law School (2017), a postgraduate degree in Taxation, from the Catholic University Law School (2019) and in Administrative and Tax Litigation Theory and Practice, from the Institute of Economic, Financial and Tax Law of the University of Lisbon Law School (2022). Expertise João is a member of the Portuguese Bar Association and is fluent in Portuguese and English. E-mail Contact: jfa@ccsllegal.com --- ## Margarida Bragança URL: https://ccsllegal.com/team/margarida-braganca/ Margarida Bragança Lawyer Margarida leads the Labour Law department at CCSL Advogados, bringing extensive professional experience in corporate legal consultancy, advising on the creation and organization of Human Resources structures, conducting due diligence and implementing applicable regulations. Margarida provides legal support and counsel to organizations in matters related to the execution and termination of employment contracts, payroll, disciplinary actions, litigation, inspections and labour infractions, compliance and best practices. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Margarida was part of the Litigation, Insolvency, and Corporate Recovery department at Garrigues in Lisbon, before serving as Head of Legal for a Spanish multinational in the healthcare and aesthetic medicine sector in Portugal. As Of Counsel at CCSL, she advises various national and multinational companies across different industries on Labour Law matters and human capital management. Academic Background Margarida holds a Law degree from the University of Lisbon (2006), a postgraduate degree in Corporate Governance and Business Strategy from the European University of Lisbon, and has obtained certified training in sustainability and labour compliance. Expertise Margarida has been a member of the Portuguese Bar Association since August 2009. She is a native Portuguese speaker and fluent in English and Spanish. E-mail Contact: msb@ccsllegal.com --- ## Mafalda Almeida Carvalho URL: https://ccsllegal.com/team/mafalda-almeida-carvalho/ Mafalda Almeida Carvalho Partner Mafalda specializes in corporate, M&A, banking and financial issues. Mafalda?s expertise include large scale operations on these sectors including legal and regulatory aspects relating to financial services, corporate transactions, non-performing loans, venture capital, investment funds, insurance and financing operations. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience Mafalda worked at Uría Menéndez ? Proença de Carvalho in Lisboa for over 11 years,  with a secondment experience at Davis Polk & Wardwell in London as foreign associate. At CCSL Advogados Mafalda is responsible for supporting clients with corporate, financial and capital markets issues. Academic Background Mafalda holds a law degree from Nova Lisbon University (2007) and a post-graduate degree in Financial Markets from Lisbon University ? School of Law. Expertise Mafalda leads the corporate and financial law practices combining her expertise in both areas. She is a full member of the Portuguese Bar Association and speaks fluent Portuguese, English and Spanish. E-mail Contact: mac@ccsllegal.com --- ## João de Lemos Portugal URL: https://ccsllegal.com/team/joao-lemos-portugal/ João de Lemos Portugal Partner João specializes in real estate and public law advising the firm?s clients on multiple related transactions. Considering his experience, João also advises clients with regulatory issues namely in particular sectors such as energy, environment and transportation. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience João built his career at Cuatrecasas, as a member of the Public Law and Real Estate Departments. João also acted as a Member and Deputy Chief of Staff of the Cabinet of the Secretary of State for Economy of the XIX Portuguese Government and interned in the European Commission and in the European Parliament, in Brussels. At CCSL Advogados João is responsible for assisting clients on real estate, public law and regulatory matters. Academic Background João holds a law degree from Católica University ? Lisbon School of Law (2007), a Master in Public Procurement and Administrative Law from Católica University ? Lisbon School of Law, a graduation on Administrative Procedure from University of Lisbon ? School of Law and an LL.m in International Business Law from Católica University ? Global School of Law. João also holds a degree in Journalism from University of Coimbra ? School of Letters and has attended the graduation course in Communication Law at University of Coimbra ? School of Law. Expertise João leads the firm?s real estate and public law practices combining both in his work. He is a full member of the Portuguese Bar Association and speaks fluent Portuguese, English, Spanish, French and Italian. E-mail Contact: jlp@ccsllegal.com --- ## New tax guidelines on real estate companies URL: https://ccsllegal.com/2019/05/14/new-tax-guidelines-on-real-estate-companies/ New tax guidelines on real estate companies The tax authorities have released an informative note on the transformation of limited liability companies whose corporate purpose is the buying and selling of real estate into SIIMO (real estate investment companies) and its relation with the property tax. The issue is, in particular, if such transformation is subject to property tax and how it may affect the property tax exemption for companies that trade in real estate. According to such information, the transformation of these companies is not subject to property tax, as long as there is no termination of the initial company (but only its transformation into a SIIMO). On the property tax exemption for companies that buy and sell real estate, the tax authorities conclude that, provided that the transformed company maintains the same corporate purpose, this exemption shall not be affected. Click on the link below to see the diploma: http://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/informacoes_vinculativas/patrimonio/cimt/Documents/IVE_14747.pdf For more information please contact us at info@ccsllegal.com [Photo: Ricardo Resende, available at: unsplash.com] --- ## Anti Tax Avoidance Directives implemented in the Portuguese legal system URL: https://ccsllegal.com/2019/05/07/anti-tax-avoidance-directives-implemented-in-the-portuguese-legal-system/ Law no. 32/2019 of 3 May 2019, implements in the Portuguese legal order the Directive (EU) 2016/1164 of 12 July 2016, as amended by the Directive (EU) 2017/952, known as Anti Tax Avoidance Directives. These Directives arose in the context of a redefinition of policy priorities in the field of international taxation, as a result of an initiative by the OECD aimed at combating tax base erosion and profit shifting (BEPS). As a result of the recommendations issued in 2013 by the OECD in this context, the Council defined an action plan for the EU consistent with those recommendations. The aim was to consolidate common and coordinated solutions across the EU to combat tax base erosion and tax avoidance practices by exploiting the disparities between tax systems in different countries, and to ensure a fair and effective taxation. Thus, the transposition of these measures into the internal legal systems of the various Member States aims to improve the functioning of the internal market, to combat its fragmentation and to put an end to asymmetries and distortions. At the same time the objective is to increase taxpayers? legal certainty as to the existence of compatible rules throughout the EU. Therefore, in the Portuguese legal system changes to the Corporate Income Tax Code (CIRC), General Tax Law (LGT) and Tax Procedure Code (CPPT) are introduced, regarding: Limits to the deductibility of interests Changes are made to article 67 of the CIRC in terms of the concept of ?financing costs? and EBITDA. Exit taxes regime Regarding this regime, provided in articles 83 and 84 of the CIRC, the following changes that we stand out are related to the: Modalities of payment of tax as a result of the transfer of residence of a company outside the Portuguese territory and rules in force in the case of deferral of payment of the tax ascertained as a result of this transfer; Situations that lead to the termination of the deferred payment of the tax; Applicability of the rules set out in article 83 of the CIRC to the determination of the taxable profit attributable to a permanent establishment of a non-resident entity in Portugal when there is a cessation of activity in the Portuguese territory or the transfer outside this territory of elements of the assets assigned to a permanent establishment. Controlled foreign company (CFC) rules In terms of Controlled Foreign Corporations rules, we highlight the changes registered in relation to the: Extension of the scope of Article 66 and the concept of CFCs; Regime for the allocation of income of non-resident entities subject to a privileged tax regime; Repeal of the rule of no. 10 applicable to entities subject to a special taxation regime (applicable to entities operating in the Madeira Free Trade Zone). General anti-abuse rule to tackle aggressive tax planning In this context, Articles 38 of the LGT and Article 63 of the CPPT are amended jointly. With regard to article 38 of the LGT, it is important to highlight the change regarding the extension of the scope of application of this rule to any constructions or series of constructions that are carried out with abuse of legal forms or that are not considered genuine. In addition, it is no longer a condition for the applicability of the rule that the main purpose of the construction is to obtain a tax advantage, it being sufficient to identify among the main purposes of this construction the obtaining of a tax advantage. With regard to Article 63 of the CPPT, there are changes in the procedure for applying this rule. Click on the link below to see the diploma: https://dre.pt/application/conteudo/122217198 For more information please contact us at info@ccsllegal.com [Photo: Andreas Brucker, available at: unsplash.com] --- ## New employment incentives URL: https://ccsllegal.com/2019/05/06/new-employment-incentives/ New measures were recently announced to encourage the hiring of young people searching for their first job and of long-term or very long-term unemployed people, on an open-ended basis. These incentives are comprised by a non-refundable financial support to the employers who enter into open-ended employment agreements with the people mentioned above, and the exemption (or partial reduction) of the contributions due to the social security by the employer (on the account of such employment agreements). For an employer to be eligible to these incentives he must enter, at least, into two open-ended employment agreements with both young people searching for their first job and with long-term or very long-term unemployed people, and also to increase the average number of workers above the number registered in the 12 months preceding the registration of the first employment agreement entered into. These measures came into force on April 13, 2019. Click on the link below to see the diploma: https://dre.pt/home/-/dre/122091514/details/maximized For more information please contact us at: info@ccsllegal.com [Photo: Célio Pires, available at: unsplash.com] --- ## New deadline for beneficial owner declaration URL: https://ccsllegal.com/2019/04/29/new-deadline-for-beneficial-owner-declaration/ According to the information released by the Institute of Registries and Notaries, the deadline for the registration of the beneficial owner of the entities subject to commercial registration was postponed to 30 June 2019. Click on the link below to see the information note: https://justica.gov.pt/Noticias/Nota-informativa-Registo-Central-de-Beneficiario-Efetivo For more information please contact us at: info@ccsllegal.com [Photo: Cytonn Photograph, available at: unsplash.com] --- ## Failure to communicate the electronic mailbox may lead to the suspension of VAT and CIT refunds URL: https://ccsllegal.com/2019/04/18/failure-to-communicate-the-electronic-mailbox-may-lead-to-the-suspension-of-vat-and-cit-refunds/ As per Legislative Order no. 12/2019, published today, failure to communicate the subscription of the electronic mailbox official system shall trigger the suspension of VAT and Corporate Income Tax refund. Click on the link below to see the diploma: https://dre.pt/application/file/a/122128240 For more information please contact us at: info@ccsllegal.com [Photo: Pavlo Omeliancuk, available at: unsplash.com] --- ## Tax Authorities provide additional clarification on personal income tax benefits URL: https://ccsllegal.com/2019/04/18/tax-authorities-provide-additional-clarification-on-personal-income-tax-benefits/ The Portuguese Tax Authorities issued a clarification on the requirements of the ?Programa Regressar? established in the article 12-A of the Personal Income Tax Code. Under this regime taxpayers who become tax residents in Portugal in 2019 and 2020, may benefit a 50% exemption from taxation on their income from employment and business income. Click on the link below to see the ruling: http://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/instrucoes_administrativas/Documents/Oficio_Circulado_20210_2019.pdf For more information please contact us at info@ccsllegal.com [Photo: Lucie Capkova, available at: unsplash.com] --- ## Proof of the requirements for new tax incentives in the real estate sector URL: https://ccsllegal.com/2019/04/15/proof-of-the-requirements-for-new-tax-incentives-in-the-real-estate-sector/ Ordinance no. 110/2019, of 12 april 2019, was published setting out how the requirements laid down in the new legal regime for personal income tax derived from the lease of real estate provided by Law no. 3/2019 shall be proven by the holder of the property income, in order to qualify for the tax reductions established in article 72 of the Personal Tax Income Code (CIRS). Click on the link below to see our newsletter on this matter: https://ccsllegal.com/2019/01/09/new-tax-incentives-for-real-estate-income/ Click on the links bellow to see the original diploma: https://dre.pt/application/file/a/122086137 For more information please contact us at info@ccsllegal.com [Photo: Homero Lacerda, available at: unsplash.com]   --- ## Wind turbines part of wind farms cannot be classified as buildings for Municipal Property Tax purposes URL: https://ccsllegal.com/2019/04/15/wind-turbines-part-of-wind-farms-cannot-be-classified-as-buildings-for-municipal-property-tax-purposes/ A ruling of the Supreme Administrative Court was published on April 3 2019, in which it was decided that, regarding the taxation under the Municipal Property Tax (IMT), each wind turbine forming part of a wind farm cannot be classified as a building. The content of the judgment states that in order to a building be considered to exist for IMT taxation purposes, three elements ? physical, legal and economic ? shall simultaneously be met. Therefore, the Court considered that a wind turbine generator which does not have an economic autonomy in relation to the wind farm (not only because its normal destination is not different from the whole wind farm, but also because it is not possible to evaluate them separately), cannot be classified as a building for IMI purposes. As a result of that, the acts of officious registration by the Tax Services of the wind turbines as buildings were annulled in the present case. Click on the link below to see the ruling: http://www.dgsi.pt/jsta.nsf/35fbbbf22e1bb1e680256f8e003ea931/eb766c536834930d802583d700571f09?OpenDocument&ExpandSection=1#_Section1 For more information please contact us at info@ccsllegal.com [Photo: Rawfilm, available at: unsplash.com] --- ## New municipal surtax rates URL: https://ccsllegal.com/2019/04/10/new-municipal-surtax-rates/ The municipal surtax rates for 2018 were announced on April 1st, 2019. Click on the link below to see the diploma: http://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/instrucoes_administrativas/Documents/Anexo_of_20209_2019.pdf For more information please contact us at info@ccsllegal.com [Photo: Liam Mckay, available at: unsplash.com] --- ## Amendments to the ?Tech Visa? regime URL: https://ccsllegal.com/2019/04/05/amendments-to-the-tech-visa-regime/ Ordinance no. 99/2019, of April 4, amends the ?Tech Visa? regime established in the Ordinance no. 328/2018, under which certified companies may easily hire non-EU citizens to perform high added value activities in Portugal. These amendments provide for the regime to be extended to all sectors of activity, not being reserved only to companies that develop their activity in the area of technology. Regarding the criteria required for certification, companies now must obtain a positive assessment of its application in relation to: Market potential; and External market orientation. Moreover, companies incorporated more than 3 years ago must present a positive net worth, as evidenced by the latest Simplified Business Information (SBI). Finally, there are also changes in the eligibility requirements for highly qualified workers. Therefore, these workers are now required to prove that: They have a minimum level of qualification of level 6 according to ISCED-2011 (previously, level 5); or In the case of workers with a level of qualification 5 or professional technical course (according to ISCED-2011), they shall have to prove that they have exceptional specialized technical skills, obtained through the minimum experience of 5 years. Click on the link below to see the diploma: https://dre.pt/application/conteudo/121987031 For more information please contact us at: info@ccsllegal.com [Photo: Everaldo Coelho, available at: unsplash.com] --- ## Portuguese Government presents Resolution Proposal for the approval of MLI URL: https://ccsllegal.com/2019/04/05/government-presents-resolution-proposal-for-the-approval-of-mli/ As a result of the signature by the Portuguese Republic, on June 7 2017, of the Multilateral Convention to implement tax treaty related measures to prevent base erosion and profit shifting (?MLI?), on April 4, the Portuguese Government submitted to the Assembly of the Portuguese Republic the Resolution Proposal no. 90/XIII, aimed at the approval of the MLI and the formulation of the respective declarations and reserves. Pursuant to the application of BEPS (Base Erosion and Profit Shifting) recommendations project adopted in 2015 to the tax conventions entered into between the signatory States, MLI envisages the adoption of measures aimed at preventing the abusive use of the aforementioned conventions, and thus the fight against international evasion and fraud, namely the artificial transfer of profits to locations with low or zero levels of taxation and erosion of the tax base. In addition, MLI?s objective is to improve the resolution of disputes in this area between the parties, through the establishment of a mandatory and binding arbitration procedure. Click on the link below to see the diploma: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c324679595842774f6a63334e7a637664326c756157357059326c6864476c3259584d7657456c4a535339305a58683062334d76634842794f54417457456c4a5353356b62324d3d&fich=ppr90-XIII.doc&Inline=true Click on the link below to see the MLI: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c324679595842774f6a63334e7a637664326c756157357059326c6864476c3259584d7657456c4a535339305a58683062334d76634842794f54417457456c4a535638794c6e426b5a673d3d&fich=ppr90-XIII_2.pdf&Inline=true For more information please contact us at info@ccsllegal.com --- ## Launch of the International Association of Trusted Blockchain Applications (INATBA) URL: https://ccsllegal.com/2019/04/05/launch-of-the-international-association-of-trusted-blockchain-applications-inatba/ The International Association of Trusted Blockchain Applications (INATBA) was launched in Brussels on 3 April, as a result of the European Commission?s encouragement. This association, which has 105 founding members from all over the world, brings together industry, startups and SMEs, policy makers, international organizations, regulators, civil society and standardization bodies to support Blockchain and Distributed Ledger Technology (DLT) to be integrated and extended across multiple sectors. INATBA?s main goals will be the following: Promote an open, transparent and inclusive global model of governance for blockchain and other DLT; Support the adoption of sector-specific and interoperability guidelines; Establish a dialogue with public authorities and regulators at a global scale; Develop a framework through the public and private sector collaboration; Increase the legal predictability; and Ensure the system?s integrity and transparency. For more information please contact us at info@ccsllegal.com --- ## Contingency measures for the event of Brexit URL: https://ccsllegal.com/2019/04/01/contingency-measures-for-the-event-of-brexit/ Measures have been announced to be implemented in the event of Brexit happening with no deal between the UK and the UE, aiming to protect the rights of British citizens who have been residing in Portugal. Such measures include the right of British citizens to keep living in Portugal as if the UK was still a member state of the UE, the granting of special residency visas to British citizens, the right to be eligible to social security, to access the NHS and to attend university in Portugal as the citizens of other UE member states. Click on the link below to see the legal regime: https://dre.pt/web/guest/home/-/dre/121734971/details/maximized?serie=I&day=2019-03-28&date=2019-03-01 For more information please contact us at info@ccsllegal.com --- ## Constitutional Court?s ruling on the injunction procedure URL: https://ccsllegal.com/2019/03/15/constitutional-courts-ruling-on-the-injunction-procedure/ The Constitutional Court ruled on the unconstitutionality of a procedural provision within the legal regime of the injunction procedures for the collection of debts up to ? 15.000. According to such provision, having failed a first attempt of notification by means of registered letter with acknowledgment of receipt, the Court shall proceed with the notification by registered post to the same address (or other assessed by the Court services), being then the deposit of such letter deemed sufficient to start the deadline for Opposition and competent exercise of the right of defense. The Constitutional Court considered that the notification procedure established to this date did not offer sufficient guarantees regarding the knowledge of its content, restricting disproportionately the right of reply, and declaring it therefore unconstitutional. Click on the link bellow to see the original diploma: https://dre.pt/web/guest/pesquisa/-/search/120944158/details/normal?l=1 For more information please contact us at info@ccsllegal.com --- ## Registration in the beneficial owner registry required up to 30 April 2019 URL: https://ccsllegal.com/2019/03/11/registration-in-the-beneficial-owner-registry-required-up-to-30-april-2019/ In accordance with the Beneficial Owner Central Registry legal regime (BOCR), laid down in Law no. 89/2017 of August 21 and Ordinance no. 233/2018 of October 1, the so-called ?Relevant Entities?, which include associations, cooperatives, foundations, civil and commercial companies, as well as any other collective entities that carry on an activity or legal transaction for which a tax identification number (NIF) is required, branches of multinational corporations or foreign law bodies that are active in Portugal, trusts and branches of financial companies registered in Madeira?s free trade zone, are legally required to register in the BOCR up to April 30 2019. In the event of failure to comply with this obligation within the above deadline, the relevant entities shall be prevented from: i) Distributing profits for the financial year, or making advanced payments on account for profits in the course of the financial year; ii) Concluding contracts, public work contracts, or acquisition of services and goods with the Portuguese government, municipalities and other public entities, including its renewal (if a contract is in force); iii) Biding for the concession of public services; iv) Receiving support from the European Structural Funds and public investment; v) Being part of any business (whether for consideration or free of charge) relating to the transfer of ownership, or the constitution, acquisition or disposal of any other rights in rem to use or guarantee any property; In addition, failure to comply with the registration shall also trigger the application of fines between ? 1.000,00 and ? 50.000,00. For more information please contact us at info@ccsllegal.com. [Photo: Luca Dugaro, available at: unsplash.com] --- ## JCG Advogados and José Calejo Guerra were distinguished as Leading Taxation and Estate Planning Firm and Lawyer of the Year URL: https://ccsllegal.com/2019/03/07/jcg-advogados-and-jose-calejo-guerra-were-distinguished-as-leading-taxation-and-estate-planning-firm-and-lawyer-of-the-year/ JCG Advogados and José Calejo Guerra were distinguished by the Acquisition International for 2019, as the Leading Taxation and Estate Planning Firm and Lawyer of the Year in Portugal. The annual Leading Adviser awards by Acquisition International is a guide to the leading tax law firms and tax advisers in the world. Inclusion in this guide is based on work evaluation from the past year and positive feedback from clients and peers. --- ## Portuguese measures to minimize UK?s withdrawal effects from the EU URL: https://ccsllegal.com/2019/03/04/measures-to-minimize-uks-withdrawal-effects-from-the-eu/ Resolution no. 48/2019, published today, identifies the specific measures that the Portuguese Government intends to put in place to prepare the UK?s withdrawal from the European Union for the business, investment and tourism sectors, in the event of failure to conclude an agreement with the UK that sets out the framework of its future relationship with the EU. These measures come in line with other implemented by the Portuguese Government, such as in the ?Structural Mission Portugal In?, which aims to the identification of opportunities to attract investment and the establishment of contacts with potential investors who whish to remain in the EU after the withdrawal of the UK. Click on the link bellow to see the original diploma: https://dre.pt/application/conteudo/120454169 For more information please contact us at info@ccsllegal.com [Photo: Sinval Carvalho, available at unsplash.com] --- ## Angola: new accounting forms for small and medium enterprises URL: https://ccsllegal.com/2019/03/01/angola-new-accounting-forms-for-small-and-medium-enterprises/ The Angolan Finance Ministry announced new forms for accounting purposes for small and medium enterprises. These new forms are intended to adapt the accounting system of such enterprises to the existing tax regime and procedures. Click on the link below to see the legal regime: http://ccsllegal.com/wp-content/uploads/2017/02/Decreto-Executivo-n.º-64.19-de-21-de-Fevereiro-Aprova-os-modelos-do-Livro-de-Registo-compras-vendas-e-serviços-prestados-e-do-modelo-de-contabilida.pdf For more information please contact us at: info@ccsllegal.com     --- ## Regulation on the convention on social security between Portugal and India URL: https://ccsllegal.com/2019/02/28/regulation-on-the-convention-on-social-security-between-portugal-and-india/ It was published today the administrative agreement on the convention on social security signed between Portugal and India. This administrative agreement regulates the application of the convention in matters such as the exchange of information between both countries, the counting of relevant time for social security purposes and the forms that should be used within the scope of the convention. Click on the link below to see the diploma: https://dre.pt/web/guest/home/-/dre/120310674/details/maximized For more information please contact us at info@ccsllegal.com --- ## Government launches action plan on university residential properties for students URL: https://ccsllegal.com/2019/02/27/government-launches-action-plan-on-university-residential-properties-for-students/ The Government has launched its intervention plan aimed at building and refurbishing university students? accommodations. The first stage of the intervention plan provides for measures such as the creation of new accommodations through the construction of new buildings and the refurbishment for such purposes, the improvement of conditions in the existing students? accommodations and the use properties of other entities, through protocols established for this purpose. To execute the first stage of the intervention plan, the universities may enter in direct contracts with private entities, after a procedure of public consultation, and request funding bypassing Governmental authorization. The first stage of the plan is to be executed in the buildings identified in the following list: The integration of unused State-owned properties in the National Buildings Rehabilitation Fund (FNRE) is also part of the plan?s first stage. The properties bellow shall be integrated in the FNRE to be converted in to university students? accommodation: Click on the link below to see the diploma: https://dre.pt/web/guest/pesquisa/-/search/120272925/details/maximized For more information please contact us at info@ccsllegal.com --- ## Amendments to the urban leasing legal regime URL: https://ccsllegal.com/2019/02/21/amendments-to-the-urban-leasing-legal-regime/ On 13 February, significant changes were made to the urban leasing legal regime and to the legal regime of works on leased buildings, with the intent of adjusting imbalances between tenants and landlords, to strengthen the security and stability of the urban leasing market and to protect tenants in situations of particular vulnerability. https://dre.pt/application/conteudo/118051706 Regarding the substantive urban lease regime, new amendments were made to the Civil Code, to the New Regime for Urban Leasing (NRAU), approved by Law no. 6/2006, of February 27, as amended, and to the legal regime of works on leased buildings, approved by Decree-Law no. 157/2006, of August 8, as amended. The legislative package also includes the first amendment to Decree-Law no. 156/2015, of August 10 ? which establishes the rent subsidy scheme to be granted to tenants with residential lease agreements concluded before November 18, 1990 -, and the second amendment to Decree-Law no. 74-A / 2017, of June 23, approving the regime of credit agreements for residential properties, as amended by Law no. 32/2018, of July 18. Within the framework of the leasing general regime, such measures include: the reduction of the compensation due to the landlord in cases where the tenant is in default regarding the payment of the rent, from 50% to 20% of the owed amount, the possibility of the tenant proving the existence of the lease out of court when no written agreement has been entered into (this rule also applies to leases that are still in force at the date of entry into force of these amendments), the inclusion of new situations in which the tenant may carry out works without the consent of the landlord, a system of mandatory notifications whenever the landlord intends to terminate the lease on the grounds of late payment of rent, the disappearance of the possibility of the tenant to offset the credits arising from the works carried out through the waiver of payment of the rent, and prohibition of discrimination in the access to the lease market on the grounds of gender, descent or ethnic origin, language, territory of origin, nationality, religion, belief, political or ideological beliefs, sexual orientation, age or disability. A minimum 1-year period is now foreseen for residential lease agreements, except for agreements for non-permanent housing or for special transitional purposes, namely for professional reasons, education and training or tourism. The regime also creates new rules for the opposition to the first renewal of the agreement by the landlord which, under the terms of this legislative amendment, will only take effect once three years after the date of execution of the agreement have elapsed. The landlord is, however, safeguarded in case he needs the leased premises for its own residence or for his first-degree descendants? residence. Regarding the termination at the landlord?s initiative under indefinite duration agreements, this possibility is now removed if made for the purposes of carrying out remodelling or restoration works, in case results from the works a leased premise with the same characteristics or equivalent where the maintenance of the lease is possible. The general rule for the notification by the landlord to the tenant of the termination of leases of indefinite duration is now a 5 years prior notice in relation to the date on which the termination is intended, contrary to the 2 years previously provided for. Also, concerning the termination by the landlord, the law included a special mechanism regarding non-residential leasing, which obliges the landlord to separately indemnify the tenant and the employees of the establishment for losses that are proven to result from the termination of the lease. It is also established that, regardless of what is agreed with respect to the term of the non-residential lease, the landlord may not oppose to the renewal during the first 5 years of the agreement. Regarding the opposition to the renewal or termination by the tenant, failure to comply with the legally established time limits for this purpose no longer implies the payment of rents corresponding to the lacking period, in case of involuntary unemployment, permanent incapacity for work or death of the tenant or of the person who has been living with the tenant in common economy for over a year. In what concerns the regime of works in leased buildings, several significant changes are worth noting: The property tax value of the property is no longer the reference for the purpose of determining the concept of remodeling or deep restoration works, and was substituted by concepts such as gross construction area and median value of sales per m2; The compensation referred to in Article 6 (a) of the relevant regime shall now be equal to twice the amount of 1/15 of the asset value or to two years of rent income, whichever has the higher value; Whenever relocation of the tenant is needed due to the suspension of the lease, it can be done within the same municipality, not being restricted to the same parish or to neighboring parishes; The inclusion of several new specificities applicable to tenants of the age of 65 or above, or with disability with a proven degree of incapacity equal to or greater than 60% as foreseen in Article 6 of the relevant regime; If the termination of the lease is a consequence of the need of demolition imposed by the applicable spatial plan (in particular of a detailed urban rehabilitation plan), the landlord may ask from the entity responsible for the implementation of the plan the reimbursement of the costs incurred with the tenant?s relocation or compensation, having the waiver of the obligation of payment by the landlord of the compensation ? provided for in the case of termination for demolition if the order or the need for demolition did not result from any fault or omission on his part ? been eliminated; and The provision of new rules regarding the execution of certain works by the tenant in replacement of the landlord. Regarding the amendments to the NRAU, it should be noted that the rules regarding the value of the rent in case of agreement by the parties in relation to the transition of the agreement to the NRAU are now also applicable in case the tenant invokes and proves that he has resided on the premises for more than five years with someone as a spouse, in communion in fact, or with a first degree relative, who is 65 years of age or older or has a proven degree of incapacity equal to or greater than 60%, if the household?s RABC (corrected gross annual income) is less than 5 times the national minimum annual income. In addition, the lease for residential proposes ceases to expire on the death of the original tenant whenever there is a surviving son or stepchild who has been living with him for more than five years and who is 65 years of age or older, provided that the adjusted gross annual income of the aggregate is less than 5 times the national minimum annual income. The law also provides (albeit with a margin for clarification of the wording) that, for agreements of limited duration whose tenant, on 13 February, has lived for more than 20 years in the leased premises and is aged 65 years or more or has a proven degree of disability equal to or higher than 60%, landlords may only oppose the renewal of agreements on the grounds of demolition or completion of a major remodeling or restoration work that requires the leased premise to be vacated. Oppositions to renewals that have been sent to tenants who meet the above-mentioned requirements while the special regime approved by Law no. 30/2018 of 14 June was in force are of no effect. Likewise, in agreements transferred to the NRAU where no special circumstances have been claimed, where the tenant has been in the leased premise for more than 15 years and has, at the date of transition of the agreement, an age equal to or greater than 65 years or a proven degree of deficiency equal to or greater than 60%, there can only be opposition to the renewal of the agreements on the grounds of demolition or completion of a major remodeling or restoration that requires the leased premise to be vacated. The provisions relating to the rental injunction (IMA) are also added to the NRAU; these will be carried out by the Injunction Service for Leasing (SIMA), competent throughout the national territory, and will be the subject of a specific diploma to be approved by the Government within 180 days from the date of entry into force of this Law no. 13/2019 of February 12. It should also be noted that, among the amendments introduced by the law, the specification that the new rent, for the purposes of the update provided for in the NRAU (and with the articulation imposed by the income subsidy scheme to be granted to tenants with residential rental agreements entered into before November 18, 1990 and that are in the process of updating income), is only due: At the end of the transitional periods of 10 and 8 years provided for in articles 35 and 36 of Law 6/2006, of February 27, with the wording given by the diploma now amended; At the end of the 10-year period established in paragraph 3 of article 38 of Law no. 6/2006, of February 27, in its original wording; and On the date of extraordinary adjustment of income applied under the terms of no. 11 of article 36 of Law no. 6/2006, of February 27, with the wording given by the diploma now amended. Regarding the matters related to credit agreements for residential properties, the law underwent a relevant change, within the scope of article 25 of Decree-Law no. 74/2017 of June 23 ? from now on, in case of renegotiation of the credit agreement due to the entering into of a lease in relation to the whole or part of the property, the lending entity may not increase the charges related with the credit granted for the purpose of financing the acquisition, construction or maintenance of property rights over permanent housing (in particular by increasing the previously agreed spreads). Finally, Law 12/2019 of February 12 was also approved, prohibiting harassment in the leasing, which consists on the illegitimate behavior by the landlord, by whoever represents him or by a third party interested in the acquisition or commercialization of the leased premise, that, with the purpose of causing the vacancy of the premise, disturbs, constrains or impairs the dignity of the tenant, sub-tenant or of the persons who legitimately reside at the leased premise, subjects them to an intimidating, hostile, degrading, dangerous, humiliating, destabilizing or offensive environment, or seriously hinders or impairs the access and good use of the leased premise. https://dre.pt/application/conteudo/118051705 For more information please contact us at info@ccsllegal.com --- ## Regime of controlled cost housing updated URL: https://ccsllegal.com/2019/02/19/regime-of-controlled-cost-housing-updated/ Decree no. 65/2019, published today, updated the controlled cost housing regime, with the purpose of adapting the legislation to the current times of the housing sector, and of incorporate the objectives of the New Governmental Housing Policies. The most relevant changes are the extension of the scope of the regime to urban refurbishment, and the promotion of affordable rentals. Click on the link below to see the diploma: https://dre.pt/application/conteudo/119847709 For more information please contact us at info@ccsllegal.com --- ## The rise of e-invoices URL: https://ccsllegal.com/2019/02/18/the-rise-of-e-invoices/ Decree-law 28/2019, of February 15, governs the issuance and processing of invoices and other tax relevant documents as well as the keeping of company accounts records, promoting the use of software programs and digital filing systems to those ends. Most relevant changes include the end of the obligation of printing the invoices and the possibility of companies using fully digital filing systems. This legal regime also provides for the inclusion of a QR code on the invoices aiming to reduce tax fraud and evasion. However this provision shall only take effect on January 1, 2020. Click on the link below to see the diploma: https://dre.pt/web/guest/pesquisa/-/search/119622094/details/maximized For more information please contact us at info@ccsllegal.com --- ## Ratification of the double tax treaty Portugal ? Angola URL: https://ccsllegal.com/2019/02/14/ratification-of-the-double-tax-treaty-portugal-angola/ The double tax treaty signed between Portugal and Angola was ratified today through Presidential Decree no. 12/2019. The tax treaty shall come into force when all domestic law requirements are completed on both countries and notified to the other contracting country via the proper diplomatic channels. The treaty shall only be effective on tax years starting after the day that the treaty comes into force. Click on the link below to see the diploma: https://dre.pt/web/guest/home/-/dre/119556784/details/maximized?serie=I&day=2019-02-14&date=2019-02-01 For more information please contact us at info@ccsllegal.com --- ## Automatic tax return is now available for more taxpayers URL: https://ccsllegal.com/2019/02/05/automatic-tax-return-is-now-available-for-more-taxpayers/ According with Decree no. 1/2019, published on the 4th of February, taxpayers with retirement saving plans are now covered by the IRS automatic tax return. Click on the link below to see the diploma: https://dre.pt/web/guest/home/-/dre/118994834/details/maximized For more information please contact us at info@ccsllegal.com --- ## Compensatory interest for undue taxes URL: https://ccsllegal.com/2019/02/04/compensatory-interest-for-undue-taxes/ On February 1st, the General Tax Law was amended to provide for the legal obligation of interest payment by the tax authorities in case any taxes paid are declared as unconstitutional or illegal by the courts. This amendment applies to previous court decisions, thus shedding legal support to an old discussion. Click on the link below to see the diploma: https://dre.pt/web/guest/home/-/dre/118950628/details/maximized For more information please contact us at info@ccsllegal.com --- ## The new Real Estate Investment Trusts Regime URL: https://ccsllegal.com/2019/01/29/the-new-real-estate-investment-trusts-regime/ Decree-Law n. º 19/2019, of 28 of January, introduces the new Investment and Real Estate Management Companies (?SIGI?) regime, commonly known in the European markets as ?Real Estate Investment Trusts? (REITs). The SIGI are a new type of Real Estate Investment Company, whose incorporation and activity are now governed in a separate piece of legislation. These companies constitute a new vehicle for promoting investment and boosting the real estate market, particularly the lease market, as it is foreseen that its activity is aimed to the acquisition of in rem rights over real estate assets, to lease them or exploit them in other ways, including the development of real estate construction and rehabilitation projects and the use of those assets as shops or spaces in shopping centres, or the use of spaces in offices. The diploma provides specific rules for the SIGI, regarding the requirements for its (i) incorporation (minimum share capital of EUR 5,000,000.00), (ii) composition of its assets (minimum of 80% of the value of the SIGI assets must correspond to in rem rights over real estate assets and shareholdings in other SIGI or companies subject to similar requirements and the value of the rights over real estate assets subject to leasing or other forms of economic exploitation must correspond to at least 75% of the company?s global assets value), (iii) time limit for the distribution of profits (no later than nine months after the end of each financial year being distributed at least 75% of the yearly profits, depending on their nature), (iv) indebtedness (which must be inferior to 60% of the company?s global assets value), shares trading (the shares must be admitted or selected to trading on a regulated market or in a multilateral trading facility, respectively within one year from the incorporation or conversion of the company) and loss of its status (in case where the company ceases to comply with the relevant requirements). Moreover, the Decree-Law lays down the possibility, legal requirements and procedure for the conversion of Public Limited Companies and Property Collective Investment Companies, into SIGI. Furthermore, recognizing the importance of its activity for the dynamism of the Portuguese capital market, it is stated that the tax benefits foreseen in Tax Incentive Statue (?EBF?) for the other Real Estate Investment Companies, shall be applicable to these companies. This Decree-Law also brings changes to the Decree-Law n. º 77/2017, which provides the incorporation and regulation of the Real Estate Investment Firms for the promotion of the economy (?SIMFE?). Therefore, this new act clarifies the legal scheme applicable to the SIMFE, which operate under the limits provided by the law regarding the assets under its management. Click on the link bellow to see the original diploma: https://dre.pt/application/conteudo/118562581 For more information please contact us at info@ccsllegal.com --- ## Updated withholding rates for 2019 (IRS) URL: https://ccsllegal.com/2019/01/18/updated-withholding-rates-for-2019-irs/ Order no. 791-A/2019, published today, updates the personal income tax withholding rates for 2019 (mainland Portugal). As a relevant note, there is a reduction on withholding tax rates for income under ? 3.000 per month. Click on the link below to see the diploma: https://dre.pt/web/guest/home//dre/117919449/details/maximized?serie=II&dreId=117919447 For more information please contact us at info@ccsllegal.com --- ## Angola new tax amnesty URL: https://ccsllegal.com/2019/01/17/angola-new-tax-amnesty/ An Extraordinary regularization scheme for tax, customs and social security debts was adopted in the State Budget Law of Angola for 2019. According to this regime, the regularization of tax, customs and social security debts by the taxpayer, or his representative, regarding taxable events up to 31 December 2017 is possible without the payment of interests or other charges, even if any tax proceedings are in progress. The payment can be made in whole or in part through monthly instalments, provided, in the latter case, that the debt is fully paid by 31 December 2019. The payment of the debts in full shall benefit from a 10% discount. In order for this to be applicable, the taxpayer shall adhere to the regime until 30 June 2019. However, the scheme is not applicable to companies under special tax regimes for oil and mining activities. Click on the links bellow to see the relevant regimes: http://ccsllegal.com/wp-content/uploads/2017/02/circular_AGT-3.pdf http://ccsllegal.com/wp-content/uploads/2017/02/proposta-OE-2019-AO.pdf For more information please contact us at: info@ccsllegal.com --- ## Social Support Index updated URL: https://ccsllegal.com/2019/01/17/social-support-index-updated/ Decree no. 24/2019, published today, updated the Social Support Index (IAS) from ? 428,90 to ? 435,76. The Social Support Index (IAS) is used as baseline value for calculating pensions, contributions due to the Social Security and some personal income tax deductions. Click on the links bellow to see the diploma: https://dre.pt/web/guest/home/-/dre/117942337/details/maximized For more information please contact us at info@ccsllegal.com --- ## New regulations on cannabis for medicinal purposes URL: https://ccsllegal.com/2019/01/16/new-regulations-on-cannabis-for-medicinal-purposes/ Decree-Law n. º 8/2019, of January 15, published today, lays out the legal regime for the production and usage of cannabis for medicinal purposes. The new legal regime governs different issues, such as the authorization to produce, transport, sell, import and export cannabis based products, the authorization to place these products on the market and its prescription and dispensing. According to Decree-Law n. º 8/2019, all the activity related with the production and usage of cannabis for medicinal purposes is oversaw by the national regulator for medicinal products (INFARMED). Click on the link bellow to see the original diploma: https://dre.pt/web/guest/home/-/dre/117821810/details/maximized For more information please contact us at info@ccsllegal.com [Photo: Davide Ragusa, available at: unsplash.com] --- ## New tax incentives for real estate income URL: https://ccsllegal.com/2019/01/09/new-tax-incentives-for-real-estate-income/ Law n. º 3/2019, published today, introduces a new personal income tax framework for rental income derived from the lease of real estate. Under this new regime, real estate owners may benefit from a tax rate reduction, depending on the duration of the rental agreement, of up to 50% reduction. In addition, Law n. º 2/2019, also published today, allows the Government to approve a special income tax exemption for real estate income arising from the lease and sublease of real estate under the ?Affordable Housing Program?. Click on the links bellow to see the original diplomas: https://dre.pt/application/conteudo/117658783 https://dre.pt/application/conteudo/117658784 For more information please contact us at info@ccsllegal.com [Photo: Breno Assis, available at: unsplash.com] --- ## Regulators urge for ICOs and crypto-assets rules URL: https://ccsllegal.com/2019/01/09/regulators-urge-for-icos-and-crypto-assets-rules/ The European Securities and Markets Authority (ESMA) and the European Bank Authority (EBA), delivered reports urging for the need for the EU to take actions in respect of the regulation of Initial Coin Offerings (ICOs) and crypto-assets. The distributed ledger technology (DLT) and blockchain technologies have shown great potential for the innovation and efficiency of the financial sector. However, at the same time, these technologies present several risks, including risks for investors and the market, such as fraud, cyber-attacks, and money laundering, considering the absence of specific regulation. Considering the above, these regulators call EU?s attention regarding the need to have a consistent legal framework at this level, which may be able to contain not only the aforementioned risks, but also to provide for a level playing field across the EU. For more information please contact us at info@ccsllegal.com [Photo: Jonathan Chng, available at: unsplash.com] --- ## Participation exemption regime ruled as non-applicable to companies under the simplified regime URL: https://ccsllegal.com/2019/01/04/participation-exemption-regime-ruled-as-non-applicable-to-companies-under-the-simplified-regime/ The Portuguese Tax Authorities delivered a ruling regarding the application of the participation exemption regime to a company that is under the simplified regime for the determination of the tax base. The participation exemption regime establishes a tax exemption for dividends, capital gains and losses generated through the sale of shares by companies which have their head office or effective management in Portugal (tax resident in Portugal). The exemption shall apply to shareholdings of 10% or more of the share capital which are effective for a minimum period of 12 months. The Tax Authorities found that the participation exemption regime provided by article 51-C of the CIRC is not applicable to entities that are under the simplified regime as these companies are not taxed on real profits. For more information please contact us at info@ccsllegal.com [Photo: Ben Mullins, available at: unsplash.com] --- ## Portugal introduces the ?Tech Visa? URL: https://ccsllegal.com/2018/12/26/portugal-introduces-the-tech-visa/ Under this new regime (as approved by Ordinance no. 328/2018, published on the Official Journal on December 19th), called the ?Tech Visa?, certified companies may now easily hire non-EU citizens to perform high added value activities in Portugal. In order to qualify for this regime, the companies must meet several criteria such as to be legally incorporated, to be in good stance with the tax authorities and social security, to have a positive net worth and to prove its technological and innovative nature. On the other hand, the visa applicants must not live permanently in a EU member-state, must to be of age, and must not have criminal background. Companies that successfully go through the procedure will integrate a list of certified companies who may hire the applicants for this kind of visa. This regime is compatible with the available tax benefits such as the non-habitual tax resident regime. For more information please contact us at info@ccsllegal.com [Photo: Tianyi Ma, available at: unsplash.com] --- ## JCG Advogados was distinguished in the prestigious annual World Tax guide for 2019 URL: https://ccsllegal.com/2018/12/11/jcg-advogados-was-distinguished-in-the-prestigious-annual-world-tax-guide-for-2019/ JCG Advogados was distinguished in the prestigious annual World Tax guide for 2019, as a notable firm within the category of general corporate tax. The annual World Tax guide is a guide to the leading tax law firms and other tax advisers in the world. Inclusion in this guide is based on work evaluation from the past year and positive feedback from clients and peers. See the full list here: https://www.itrworldtax.com/Jurisdiction/Portugal/Rankings/72#rankings --- ## Web Summit will stay in Lisbon until 2028 URL: https://ccsllegal.com/2018/11/20/web-summit-will-stay-in-lisbon-until-2028/ According to Resolution no. 149/2018, the Web Summit event will be held in Lisbon until 2028. The agreement covers a period of 10 years, from 2019 to 2028, with a total investment amount of ? 8.000.000 per year. This agreement is in line with Portugal?s investment strategy in the start-ups ecosystem, aiming to help the Portuguese based start-ups finding suitable financing and to promote its internationalization process. Click on the link bellow to see the original diploma: https://dre.pt/web/guest/home/-/dre/116979746/details/maximized For more information please contact us at: info@ccsllegal.com --- ## European Commission investigation assessed McDonald?s did not receive State aid from Luxembourg URL: https://ccsllegal.com/2018/11/05/european-commission-investigation-assessed-mcdonalds-did-not-receive-state-aid-from-luxembourg/ On September 19, European Commission announced through a press release, that it has decided that the non-taxation of certain McDonald?s profits by Luxembourg did not constitute State aid. On December 2015, the European Commission started an in-depth investigation on whether Luxembourg was misapplying its national laws and the Luxembourg-US double taxation treaty thus not complying with EU State Aid rules. This particular case involves McDonald?s Europe Franchising, a Luxembourg-based subsidiary of McDonald?s Corporation and also a branch of McDonald?s Europe Franchising in the US. McDonald?s Europe Franchising is the owner of McDonald?s brand and other related rights and it licenses such rights to third parties, who operate the McDonald?s fast food outlets, receiving the correspondent fees. McDonald?s Europe Franchising decided to ask to the Luxembourgish tax authorities for a tax ruling to confirm that profits from its franchise rights would not be taxable in Luxembourg. McDonald?s claim was based on the fact that those rights were attributed to its US branch and that the Luxembourg ? US double taxation treaty exempts from taxation in Luxembourgish territory any income that may be taxed in the US territory, if the company has a taxable presence in Luxembourg, for instance a branch ? which was the case. Initially, the Luxembourgish tax authorities ruled in favor of McDonald?s but also stated that for such exemption to be granted, McDonald?s would have to provide proof that the income of the US branch had been declared and could be effectively taxed in the US. 6 months later, Luxembourgish tax authorities revised the first ruling, this time disregarding the mentioned proof of effective taxation in the US. It was their opinion that the Luxembourg-US tax treaty only required that the income ?may be taxed? in the US and not that the income must be effectively taxed. The issue with this ruling was the fact that due to a mismatch in Luxembourg and US law ? which we will analyze bellow ? it resulted in a paradox: a double taxation treaty ? which was meant to avoid double taxation ? was actually allowing double non-taxation (as in many other well know cases). It is no surprise that this second ruling (the revised ruling) raised some question regarding the possibility of Luxemburg being in breach of the Treaty on the Functioning of the European Union (TFEU), inter alia, article 107, which states that ?Save as otherwise provided in the Treaties, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favoring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the internal market.?. Article 107 defines what is considered illegal State Aid, which, in less complex terms, is an advantage conferred on a selective basis to certain undertakings by public authorities that may distort competition and may affect trade between Member States. Considering the mentioned concept of State Aid, was Luxembourg breaching the TFUE or just correctly applying its national laws and the Luxembourg-US double taxation treaty? To better understand this question, it is also important to address the concept of ?permanent establishment?. It is crucial to understand that US and Luxembourgish laws have different assessments on whether a permanent establishment exists or not in their territory. The US tax law did not consider the US branch of McDonald?s Europe Franchising to be a permanent establishment by contrast to Luxembourgish tax law that looked at that same branch as filling all the conditions to be considered as a permanent establishment, which was enough for possible taxation. The Commission considered that this interpretation was the cornerstone for the exemption granted by the Luxembourgish tax authorities and not any special treatment regarding McDonald?s, and consequently, this was not a case of state aid and thus not illegal but rather an interpretation of its national laws and the treaty with the US. We are still to see the final decision text but the Commission?s decision on this case shall be seen as a landmark.  It is the first time that the EU Commission concludes that there is an absence of State Aid regarding this matter and it is, certainly, a light in the dark of uncertainty regarding State Aid, the application of double taxation treaties and the mismatches that may arise between legislation of different states. It is also worth mentioning the fact that the Luxembourgish Government is taking the necessary legislative steps to avoid these double non-taxation situations. For more information please contact us at: info@ccsllegal.com   --- ## Extension of deadline for IES submission URL: https://ccsllegal.com/2018/10/31/extension-of-deadline-for-ies-submission/ Decree-Law n. º 87/2018, of October 31, published today brings changes to the submission of the Simplified Business Information (IES), aimed at simplifying such procedure. In particular, the new regime provides for a 1,5 months extension of the deadline to submit the IES (previously the IES had to be submitted until the 6th month after the end of the financial year). Click on the link bellow to see the original diploma: https://dre.pt/web/guest/home/-/dre/116826872/details/maximized For more information please contact us at: info@ccsllegal.com [Photo: Jess Bailey, available at: unsplash.com] --- ## Tenants’ Pre-emption Right URL: https://ccsllegal.com/2018/10/30/tenants-pre-emption-right/ Law 64/2018, of October 29, entered into force today bringing changes to the tenants? pre-emption right over the leased property, which can now be exercised after a 2 years lease period, instead of a minimum 3 years period as required previously. In addition, the new legal regime also foresees the possibility of exercising such pre-emption right over a leased unit even if the property is not subject to the horizontal property regime. Regarding properties which are not subject to the horizontal property regime, the new law allows tenants (who desire to do so) to exercise the pre-emption right collectively, acquiring the total property in co-ownership, pro rata. In any of the cases, the deadline to exercise the pre-emption right was extended from 8 to 30 days. This legislative amendment pushes aside the Portuguese Supreme Court?s case law according to which the tenant of a unit which is part of a property which is not under the horizontal property regime does not have a pre-emption right over the leased unit or over the total property. Click on the link bellow to see the original diploma: https://dre.pt/web/guest/home/-/dre/116809381/details/maximized For more information please contact us at: info@ccsllegal.com [Photo: Mikita Yo, available at: unsplash.com] --- ## Measures to strengthen administrative cooperation in the field of VAT URL: https://ccsllegal.com/2018/10/18/measures-to-strengthen-administrative-cooperation-in-the-field-of-vat/ On October 2nd, the Council adopted measures to strengthen administrative cooperation and to improve the prevention of VAT fraud. The regulations will tackle the most widespread forms of cross-border fraud by improving how tax administrations cooperate amongst themselves and with other law enforcement bodies. The new regulations bring new channels and procedures through which tax administrations from the Member-States may not only communicate with each other, but also with European bodies and authorities (like Eurofisc liaison officials). These new provisions include the possibility of the tax administration from one Member-State to submit enquiries to its counterpart of another Member-State, requesting information related to VAT fraud (investigation or prevention). There are also provisions on the presence of administrative officials during such enquiries as well as on administrative enquiries carried out jointly by the authorities of the Member-States. These regulations will enter into force twenty days after its publication in the Official Journal, with most of the provisions being applied as of 1 January 2020. Click on the link bellow to see the original diploma: http://data.consilium.europa.eu/doc/document/ST-10472-2018-INIT/en/pdf For more information please contact us at info@ccsllegal.com [Photo: Sharon McCutheon, available at: unsplash.com] --- ## Amendments to the regime that allows freight companies to recover part of fuel taxes URL: https://ccsllegal.com/2018/09/27/amendments-to-the-regime-that-allows-freight-companies-to-recover-part-of-fuel-taxes/ Under Portuguese Law, freight companies are allowed to recover part of the fuel taxes paid on its activity. Until now such benefit was limited to 30.000,00 liters per vehicle per year. With Ordinance 269/2018, published on September 26, that limit is updated to 35.000,00 liters per vehicle per year, thus expanding the benefit. The new regime will be in force as from September 27 with retroactive effect to January 1, 2018 Click on the link bellow to see the original diploma: https://dre.pt/web/guest/pesquisa/-/search/116508077/details/normal?l=1 For more information please contact us at info@ccsllegal.com [Photo: Jose Lebron, available at: unsplash.com] --- ## José Calejo Guerra nominated as Tax Controversy Leader by ITR URL: https://ccsllegal.com/2018/09/06/jose-calejo-guerra-nominated-as-tax-controversy-leader-by-itr/ José Calejo Guerra, tax partner at JCG Advogados, was nominated under the Tax Controversy Leaders awards (2018), by the prestigious International Tax Review. This nomination follows that of 2017 and the shortlisting of JCG Advogados for the Tax Firm of the Year award. ?Tax Controversy Leaders? is a guide to the leading tax lawyers and advisers in the world. Inclusion in this guide is based on work evaluation from the past year and positive feedback from clients and peers. See the full list here: http://www.internationaltaxreview.com/IssueArticle/3828950/Supplements/Portugal.html?supplementListId=99457 --- ## Central Registry for the Beneficial Owner Regime URL: https://ccsllegal.com/2018/08/30/central-registry-for-the-beneficial-owner-regime/ Law n. º 89/2017, published on August 21st, implemented Directive 2015/849 on the prevention of money laundering and terrorist financing, having created the legal regime of the Central Registry for the Beneficial Owner (CRBO). According to article 1 of such Law, the CRBO consists of a database containing sufficient, accurate and up-to-date information about the persons who own or effectively control the entities subject to this legal regime. These regime covers all associations, cooperatives, foundations, civil and commercial corporations, as well as any other collective entities that carry on an activity or legal transaction for which a tax identification number (NIF) is required, as well as the branches of multinational corporations or foreign law bodies that are active in Portugal. Trusts and branches of financial companies registered in Madeira?s free trade zone are also subject to this regime. As a concept, the beneficial owner is the person who owns or effectively controls, the above mentioned entities. Beneficial Owners are thus required to provide information such as: i) the relevant entity; (ii) the Beneficial Owner; iii) the signatory (who may either be the legal representative of the covered entity, a lawyer or certified accountant, among other representatives). The above-mentioned obligation is completed through the submission of an electronic form, as approved by Ministerial Ordinance n. º 233/2018. Said ordinance also includes important instructions on the regime. Some of the information provided under this regime will be publicly available on the Ministry of Justice?s website (yet to be determined), allowing interested parties to access said information through authentication in the mentioned website. The data that is going to be publicly available includes the identification number, legal name and nature, headquarters address, activity tax code and legal entity identifier. As for the Beneficial Owner, only name, month and year of birth, nationality, country of residence and economic interest are made available to the public. Non compliance with this regime makes the entity not entitled to pay dividends, conclude contracts with public bodies, issue bonds or any other kind of debt instrument, benefit from European Structural Funds, and to take part in any kind of deal involving real estate ownership transfer. In compliance with the above rules, starting January 1st, the entities covered by the regime must submit the initial declaration until April 30th, 2019, when subject to commercial registry, or June 30th, for the remaining entities. Click on the link bellow to see the original diploma: http://data.dre.pt/eli/port/233/2018/08/21/p/dre/pt/html For more information please contact us at info@ccsllegal.com José Calejo Guerra António Branco [Photo: Timon Studler, available at: unsplash.com] --- ## Second Amendment to the Local Lodging Regime URL: https://ccsllegal.com/2018/08/30/second-amendment-to-the-local-lodging-regime/ Law n. º 62/2018, published on August 22nd introduced important changes to the current local lodging (?alojamento local?) regime, making this the second amendment to the original regime (Decree-law n. º 128/2014). Focusing on the most important changes, the new regime allows unit-owners (by majority) to prohibit the setting-up of hostels in residential buildings. Another major change is the creation of protected areas, designated by the city office, where the number of local lodging establishments may be limited, taking in consideration the number of these kind of establishments when compared with regular housing. Also, home owners may now charge an additional fee to local lodging establishments (up to 30% of the annual fee) to cope with the extra maintenance costs of the building?s common areas. The new regime is only applicable to local lodging establishments set up after the starting term of the law, whist the existing establishments are given a 2 (two) years period to adapt to the new regulation. Click on the link bellow to see the original diploma: http://data.dre.pt/eli/lei/62/2018/08/22/p/dre/pt/html For more information please contact us at info@ccsllegal.com José Calejo Guerra António Branco [Photo: Pedro Lastra, available at: unsplash.com] --- ## New marketing regulations on financial products and on financial intermediaries organization URL: https://ccsllegal.com/2018/07/20/new-marketing-regulations-on-financial-products-and-on-financial-intermediaries-organization/ Law nr. 35/2018 regarding the marketing of financial products and financial intermediaries organization was published today. Click on the link bellow to see the original diploma: http://data.dre.pt/eli/lei/35/2018/07/20/p/dre/pt/html For more information please contact info@ccsllegal.com [Photo: Joanna Kosinska, available at: unsplash.com] --- ## New regulations for the use of cannabis for medical purposes URL: https://ccsllegal.com/2018/07/18/new-regulations-for-the-use-of-cannabis-for-medical-purposes/ The diploma (Law nr. 33/2018, July 18) regulating the use of medicines, preparations and substances made from cannabis plants, used for medical purposes, was published today in the official journal of the Portuguese Republic. Click on the link bellow to see the original diploma: http://data.dre.pt/eli/lei/33/2018/07/18/p/dre/pt/html For more information please contact info@ccsllegal.com [Photo: Rick Proctor, available at: unsplash.com] --- ## A Law (Law nr. 30/2018 of July 17) suspending the eviction of tenants aged more than 65 years or tenants with a high level of disability was published today URL: https://ccsllegal.com/2018/07/16/a-law-law-nr-302018-of-july-17-suspending-the-eviction-of-tenants-aged-more-than-65-years-or-tenants-with-a-high-level-of-disability-was-published-today/ The diploma establishes an exceptional temporary regime preventing the eviction of tenants aged more than 65 or tenants with level of disability equal or superior to 60% living in the leased premises for more than 15 years. In the case of lease agreements subject to this regime, termination of the lease is only possible if either the landlord or their first line descendants need the premises for their housing purposes. This exceptional regime does not apply to cases where the lease agreements were considered terminated by a final decision of a judicial court. The diploma enters into force on July 17, 2018 and will be in effect until March 31, 2019, which was considered as sufficient period to review the urban lease legal regime and to establish a permanent framework protecting the tenants according to their age and level of disability. For more information please contact info@ccsllegal.com [Photo: Wonsung Jang, available at: unsplash.com] --- ## ERSE (Energy Services Regulator) will regulate liquefied petroleum gas, petroleum derived fuels and biofuels URL: https://ccsllegal.com/2018/07/16/erse-energy-services-regulator-will-also-regulate-liquefied-petroleum-gas-petroleum-derived-fuels-and-biofuels/ On July 12, 2018, the Council of Ministers approved an amendment to the by-laws of ERSE (Energy Services Regulator), stipulating that this authority will also regulate all categories of liquefied petroleum gas, petroleum derived fuels and biofuels. Decree-Law nr. 57-A/2018, of July 13, in force since July 14, establishes that ERSE ? which was already the regulator for the electric energy and natural gas sectors ? will assume the competences of the petroleum products and biofuel units of the National Authority for the Fuel Market, E.P.E. These amendments comply with what was already established in the State Budget for 2017 (Law nr. 42/2016, of December 28) which determined that all categories of liquefied petroleum gas (GPL), including cylinder, conducted and bulk gas, and also the petroleum derived fuels sector and biofuels would be regulated by ERSE. This diploma also establishes the creation of a new ERSE advisory body, the board for fuel and it intends to integrate mechanisms to protect consumer interests while encouraging a free and competitive energy market. For further information contact us at info@ccsllegal.com [Photo: Paul Fiedler, available at: unsplash.com] --- ## JCG Advogados shortlisted by International Tax Review URL: https://ccsllegal.com/2018/04/06/jcg-advogados-shortlisted-by-international-tax-review/ Advocatus highlighted European Tax Awards by publishing the following news: Loading... Taking too long? Reload document | Open in new tab Download --- ## JCG Advogados nominated for European Tax Awards URL: https://ccsllegal.com/2018/04/06/jcg-advogados-nominated-for-european-tax-awards/ Advogar highlighted European Tax Awards by publishing the following news: Loading... Taking too long? Reload document | Open in new tab Download ,   --- ## JCG Advogados shortlisted for “Portugal Tax Firm of The Year” URL: https://ccsllegal.com/2018/03/29/jcg-advogados-shortlisted-for-portugal-tax-firm-of-the-year/ JCG Advogados, tax and legal boutique, got shortlisted by International Tax Review for the ?Portugal ? Tax Firm of the Year? award under the European Tax Awards. JCG Advogados is a specialized boutique law firm focusing on tax, corporate and real estate matters. The winner will be announced in London on May 17. The European Tax Awards have taken place since 2005 and aim at recognise the leading international tax professionals in the EMEA region. You can check the full list here. --- ## José Calejo Guerra is “Tax Lawyer of the Year” by ACQ Global Awards URL: https://ccsllegal.com/2017/09/21/jose-calejo-guerra-is-tax-lawyer-of-the-year-by-acq-global-awards/ José Calejo Guerra, Partner of JCG Advogados was elected ?Tax Lawyer of the Year? by ACQ Global Awards.  This independent publication also elected JCG Advogados, International Tax Boutique, as Boutique Law Firm of The Year. Since 2008, the ACQ Global Awards have been celebrating achievement, innovation and brilliance in their annual awards. They boast a legitimately independent nomination process, and they award winners are chosen by the industry itself. The publication can be found by clicking here (page 16). --- ## José Calejo Guerra highlighted by ITR URL: https://ccsllegal.com/2017/09/04/jose-calejo-guerra-highlighted-by-itr/ José Calejo Guerra, partner of JCG Advogados, international tax boutique, was distinguished by Tax Controversy Leaders, from International Tax Review, global directory. ?Tax Controversy Leaders? is a guide to the leading tax lawyers and advisers in the world. Inclusion in this guide is based on work evaluation from the past year and positive feedback from clients and peers. --- ## Angola – Large Taxpayers? List updated URL: https://ccsllegal.com/2017/07/21/angola-large-taxpayers-list-updated/ Due to the evolution of the Angolan economy, the Ministry of Finance decided to update the list of Large Taxpayers which are subject to a special tax regime and to dedicated supervision as indicated in the Large Taxpayers Regime. As it was the case in the past, large public companies, financial institutions, insurance companies, pension funds, oil companies, diamond companies, telecom companies and companies operating in a monopoly are considered to be large taxpayers by nature. The list also includes taxpayers which are considered to be large taxpayers due to their operations? volume. Newly included taxpayers shall register with the Large Taxpayers? Unit within a 45-days deadline whereas excluded taxpayers shall return to their domicile tax office. Open procedures shall continue their course in the tax office where they have started. Even though not qualified as large taxpayers, some aviation companies shall also be subject to monitorization by the Large Taxpayers? Unit. [Photo: Jorge Sá, available at: unsplash.com] --- ## JCG distinguished by Finance Monthly M&A Awards 2017 URL: https://ccsllegal.com/2017/07/12/jcg-distinguido-nos-finance-monthly-ma-awards-2017/ José Calejo Guerra, Partner of JCG Advogados, international tax boutique, was distinguished as Tax Adviser of The Year ? Portugal. The winners are elected by peers and clients as well as editorial research of this prestigious directory. --- ## Angolan Parliament analyses draft law to impose tax payments in foreign currency URL: https://ccsllegal.com/2017/05/10/angolan-parliament-analyses-draft-law-to-impose-tax-payments-in-foreign-currency/ A draft amendment to the General Tax Code has been submitted to the Parliament under which companies that have most of their revenues in foreign currency shall use such currency to pay their taxes. Even though this legal regime will still have to be approved by the Parliament, it has been reported that it will cover companies with more than 60% of their revenues paid in foreign currency. For further information please contact us at info@ccsllegal.com. [Photo: Hermenegildo Sebastião, availabe at: unsplash.com] --- ## Identification of financial institutions? beneficial owners required URL: https://ccsllegal.com/2017/05/03/identification-of-financial-institutions-beneficial-owners-required/ As of 4 May 2017, financial institutions will be obliged to register the beneficial owners of qualified shares. Even though qualified shares were already subject to registration, the law will now require the beneficial owners of such shares to be identified. Financial institutions have a 90-days deadline as from 4 May 2017 to register its current beneficial owners. For more information contact us at info@ccsllegal.com. [Photo: Dan Dimmock, available at: unsplash.com]  --- ## Transfer to offshores will be made public in Portugal URL: https://ccsllegal.com/2017/05/03/transfer-to-offshores-will-be-made-public-in-portugal/ As from 4 May 2017 the Portuguese Tax Administration will publish on its website the overall amount of transfers made to offshore jurisdictions on an annual basis. This list will include the amounts transferred, the reasons for the transfers and the type of transfer. Further regulations shall be issued by the Government within a 3-months deadline. For more information contact us at info@ccsllegal.com. [Photo: Kevin Ku, available at: unsplash.com] --- ## Portugal abolishes bearer shares URL: https://ccsllegal.com/2017/05/03/portugal-abolishes-bearer-shares/ As of 4 May 2017 it will no longer be possible to issue bearer shares in Portugal. Accordingly, the Government shall issue new regulations addressing the conversion of current bearer shares into registered shares. The deadline for conversion of bearer shares is of 6 months as from 4 May 2017. After such deadline it will no longer be possible to transfer bearer shares or to receive any results associated with bearer shares. For more information contact us at info@ccsllegal.com. [Photo: Annie Spratt, available at: unsplash.com] --- ## Rules on hiring expats in Angola amended URL: https://ccsllegal.com/2017/04/26/rules-on-hiring-expats-in-angola-amended/ Presidential Decree 79/17, of 24 April, has amended Presidential Decree 43/17, of 6 March, which sets out the rules applicable to the hiring of non-resident foreign workers (expats) in Angola. According to the amended rules, it is now clear that, under Presidential Decree 43/17, payments to expats can be made in foreign currency and that the provisions contained therein only applies to employment contracts, thus excluding service providers or other contractual relationships. [Photo: Aline Oliveira, available at: unsplash.com] --- ## New Tax boutique opens in Portugal URL: https://ccsllegal.com/2017/04/25/new-tax-boutique-opens-in-portugal/ International Tax Review highlighted the opening of the JCG Advogados office, by publishing the following news: Loading... Taking too long? Reload document | Open in new tab Download --- ## ANJAP creates Tax Comission URL: https://ccsllegal.com/2017/04/20/anjap-cria-comissao-de-direito-fiscal/ Dr. José Calejo Guerra, Partner of JCG Advogados, and Catarina Belim, lead the ANJAP?s Tax Comission. Please find the complete news here: Loading... Taking too long? Reload document | Open in new tab Download --- ## JCG Advogados: new Law Firm in Portugal URL: https://ccsllegal.com/2017/04/13/jcg-advogados-new-taxation-office/ Jornal Vida Económica highlighted the opening of the law firm JCG Advogados. You can find the news published, through the following link:  Loading... Taking too long? Reload document | Open in new tab Download --- ## New regulations for the activity of Logistics Operator in the energy sector in Portugal URL: https://ccsllegal.com/2017/04/03/new-regulations-for-the-activity-of-logistics-operator-in-the-energy-sector-in-portugal/ Decree-Law 38/2017, approved on 31 March, created the Logistics Operator for the Changing of Electricity and Gas Supplier (LOEG) and appointed ADENE (Energy National Agency) for such role. Under this regime ADENE will act as the entity responsible for ensuring a swift, simple and transparent change between energy suppliers, to the benefit of consumers and in full compliance with contracts and regulations already in place. The regime also stipulates that the consumer shall bear no charges for any changes of supplier, thus creating a framework for a liberalized energy market in Portugal. For further information contact us at info@ccsllegal.com [Photo: Frederico Beccari, available at: unsplash.com] --- ## JCG Advogados: new tax & legal boutique URL: https://ccsllegal.com/2017/03/31/jcg-advogados-new-tax-legal-boutique/ Advocatus highlighted the opening of the JCG Advogados office, by publishing the following news: Loading... Taking too long? Reload document | Open in new tab Download --- ## JCG Advogados: new tax & legal law firm URL: https://ccsllegal.com/2017/03/30/jcg-advogados-nova-sociedade-aposta-nas-areas-de-tax-legal/ Advogar has published one new about the opening of the JCG Advogados office. Please find the complete news here: Loading... Taking too long? Reload document | Open in new tab Download --- ## JCG Advogados hosts conferences in Brazil URL: https://ccsllegal.com/2017/03/29/jcg-advogados-hosts-conferences-in-brazil/ José Calejo Guerra, Partner at JCG Advogados, will host two joint conferences with Terciotti Advogados in Brazil (Rio de Janeiro on 7 April 2017 and Sao Paulo on 10 April 2017) to discuss opportunity investments in Portugal and access to the European Market in connection with the regularization of undeclared foreign assets in Brazil. Free entrance but confirmation required at: terciotti@terciotti.com.br [Photo: Sergio Souza, available at: unsplash.com] --- ## Angola ? New rules for foreign investors in capital markets URL: https://ccsllegal.com/2017/02/09/angola-new-rules-for-foreign-investors-in-capital-markets/ According to the new rules, non-residents can only invest in the Angolan capital market with funds from abroad and on long term assets (at least 1 year maturity). Even though investment by non-residents is possible, the new rules limit the options on a future sale or disposal of assets to operation between non-residents, except in the case of operations such as mergers or divisions and in cases of inheritance. On the other hand, the new rules expressly provide for the possibility of repatriation of funds received in connection with these investments. [Photo: Emmanuel Zua, available at: unsplash.com] --- ## Angola ? New limitations for bank accounts held by non-residents URL: https://ccsllegal.com/2017/02/08/angola-new-limitations-for-bank-accounts-held-by-non-residents/ New regulations published by the National Bank of Angola have updated the rules on bank accounts (in foreign or domestic currency) held in Angola by non-residents for foreign exchange purposes. According to the updated rules, non-residents (companies and inidividuals) are allowed to have bank accounts in any currency in Angola, although the use of such accounts is now limited. As such, even though bank accounts in Kwanzas can be opened and used for generic purposes, bank accounts in a foreign currency can only be used to receive transfers from abroad or any income from financial assets held with such bank. In accordance, non-residents are, as from February 2017, not allowed to open bank accounts in a foreign currency for any other purpose. --- ## Angola ? Tax deduction for reinvested profits URL: https://ccsllegal.com/2017/02/08/angola-tax-deduction-for-reinvested-profits/ According to the Corporate Income Tax Code (Código do Imposto Industrial) companies can benefit from a tax deduction on the profits that are reinvested into the business. For such deduction to be applicable it is necessary to submit a request to the Tax Administration with the relevant documents and full explanation on the importance of the investment for the development of the country. Such tax deduction can only be used after being accepted by the Tax Administration. The deadline for submission of the request is the last day of February and preparation time should be taken into due account. --- ## Angola ? Real Estate Tax payment deadline postponed URL: https://ccsllegal.com/2017/02/08/angola-real-estate-tax-payment-deadline-postponed/ The deadline for the payment of the Real Estate Tax (IPU) in Angola was postponed until the end of February 2017. Such deadline extension is also applicable to the filing of the related income tax return. Before making the payments the taxpayers should confirm the valuation given for tax purposes, in particular considering the recent fluctuations in prices in the Angolan market. --- ## Angolan special contributions updated URL: https://ccsllegal.com/2017/01/04/angolan-special-contributions-updated/ Angolan State Budget Law published on 30 December 2016 (Law no. 22/16) has abolished the 0,1% Special Contribution on Banking Operations. The 10% Special Contribution on services payments made abroad (invisíveis correntes) was, however, extended to the year 2017. [Photo: Hermenegildo Sebastião, available at: unsplash.com] --- ## Portuguese ?blacklist? updated URL: https://ccsllegal.com/2016/12/30/portuguese-blacklist-updated/ Portugal updated its tax havens blacklist through Order no. 345-A/2016 of December 30. This updated removes Jersey, Isle of Man and Uruguay from the list of territories deemed automatically as tax havens. It is important to note that under Portuguese law, ?tax haven? qualification may also be granted according to other material criteria (even if the territory is not in blacklisted). No countries were added. [Photo: Pedro Lastra, available at: unsplash.com] --- ## State Budget for 2017 published URL: https://ccsllegal.com/2016/12/28/state-budget-for-2017-published/ The State Budget Law for 2017 was published including some changes to the existing tax legislation. Please contact us for further information at info@ccsllegal.com. [Photo: Ashraf Ali, available at: unsplash.com] --- ## Real Estate base value updated for Real Estate Tax purposes URL: https://ccsllegal.com/2016/12/28/real-estate-base-value-updated-for-real-estate-tax-purposes/ The reference value used for Real Estate Tax purposes for 2017 was established at ? 482.40 per square meter, which is the same as the value used for 2016. This reference value is used to determine the tax basis of real estate for Real Estate Tax purposes which is due on a yearly basis. [Photo: Tierra Mallorca, available at: unsplash.com] --- ## Tax Treaties Development ? Bahrain, Ivory Coast, Sao Tome and Principe and Vietnam URL: https://ccsllegal.com/2016/10/20/tax-treaties-development-bahrain-ivory-coast-sao-tome-and-principe-and-vietnam/ Portugal approved and ratified its double tax treaties signed with Bahrain, Ivory Coast, Sao Tome and Principe and Vietnam which will allow for a better investment framework between Portugal and these countries. Double tax treaties prevent double taxation on cross border operations thus improving the bilateral economic relations. Proper use of this device requires adequate planning and establishment of the proper legal procedures. Full texts of the treaties in all the official languages can be found here: Bahrain ? https://dre.pt/application/conteudo/75367959 Ivory Coast ? https://dre.pt/application/conteudo/75177808 Sao Tome and Principe ? https://dre.pt/application/conteudo/75105952 Vietnam ? https://dre.pt/application/conteudo/75049283 [Photo: Cris Tagupa, available at: unsplash.com] --- ## New tax incentives regime for the Madeira region URL: https://ccsllegal.com/2016/07/22/new-tax-incentives-regime-for-the-madeira-region/ On 28 June 2016 Regional Decree-Law 24/2016/M was published under which a specific set of tax incentives is set forth for the Madeira region. Following the publication of the Investment Tax Code for mainland Portugal, a particular Madeira Investment Tax Code was enacted granting similar but particular incentives to investment projects in the region. Some of the highlights of this new regime, which is in place until 2020 and can last up to 10 years, are the possibility of getting a corporate income tax credit of up to 35% of the investment, exemption or reduction of the municipal real estate tax, exemption or reduction of the real estate transfer tax and exemption of stamp duty. Other benefits are also available such as a tax deduction for reinvested profits. These benefits are contingent to the type and amount of the investment and also the promotion of the region and the creation of employment. [Photo: Reiseuhu, available at: unsplash.com] --- ## New 35-hours regime established for civil servants URL: https://ccsllegal.com/2016/07/22/new-35-hours-regime-established-for-civil-servants/ The Assembly of the Republic has approved a new law (available here) under which the new 35-hours per week regime is approved. Under this regime civil servants are subject to a maximum 35-hours per week work period. [Photo: Anaya Katlego, available at: unsplash.com] --- ## Increase of the banking sector contribution tax rate URL: https://ccsllegal.com/2016/07/22/increase-of-the-banking-sector-contribution-tax-rate/ The Government has published new regulations under which the Banking Sector Contribution has been revised. The main changes introduced refer to the inclusion of a reference to Portuguese branches of foreign institutions, the revision of the tax base and the increase in the tax rate. As regards this last point, the tax rate was increased to 0.110% from 0.085% (originally 0.05%). The regulations are available here. You can also see the updated regulations here. [Photo: Vanessa Lee, available at: unsplash.com] --- ## Presentations URL: https://ccsllegal.com/presentations/ Presentations Non-habitual tax residents and Golden Visa This document presents the major requirements and benefits related to the non-habitual tax residents regime and golden visa for colombian resident citizens --- ## Newsletters URL: https://ccsllegal.com/newsletters/ 20162016 Newsletter #1 | August 2016 (click to read) Newsletter #2 | September 2016 (click to read) Newsletter #3 | October 2016 (click to read) Newsletter #4 | November 2016 (click to read) --- ## Real Estate URL: https://ccsllegal.com/real-estate/ Tax and Social Security Corporate and M&A Real Estate Public and Regulatory Finance and Capital Markets Litigation and Employment Intellectual Property Real Estate CCSL Advogados has broad expertise in the real estate sector, including all its components and business models such as all the aspects relating with the investment, construction and real estate development. In particular we cover the following topics: Buy and sale of real estate Development of projects Due diligences Urban planning Tourism and leisure Rental agreements and property management Licensing and allotment Real estate investment structures Financing As with all other areas CCSL Advogados favours an interdisciplinary approach bringing the best of our joint knowledge to the client?s benefit. --- ## Finance and Capital Markets URL: https://ccsllegal.com/finance-and-capital-markets/ Tax and Social Security Corporate and M&A Real Estate Public and Regulatory Finance and Capital Markets Litigation and Employment Intellectual Property Finance and Capital Markets CCSL Advogados provides specialized support in Financial and Capital Markets issues, using the team?s technical skills and experience to advise the clients on a wide range of topics such as: Corporate Finance Project Finance Non-performing loans Investment funds Securitisations Mortgages Issuance of securities Financial instruments Fintech Insurance As with all other areas CCSL Advogados favours an interdisciplinary approach bringing the best of our joint knowledge to the client?s benefit. --- ## Litigation and Employment URL: https://ccsllegal.com/litigation-and-employment/ Tax and Social Security Corporate and M&A Real Estate Public and Regulatory Finance and Capital Markets Litigation and Employment Intellectual Property Employment & Social Security Despite its preventive approach to clients? issues, CCSL Advogados is also experienced on litigation matters for all practice areas of the firm and insolvency and employment law, namely in connection with the management of the relationships with the employees, benefits schemes and restructuring operations. Our work covers a wide spectrum of topics as well as a broad type of services to different agents in multiple contexts. In particular, we provide support in the following areas: Legal representation in a broad range of legal actions Insolvency Restructuring Employment agreements Collective employment agreements Employee benefits (stock options, termination bonuses, fringe benefits, severance payments, etc) As with all other areas CCSL Advogados favours an interdisciplinary approach bringing the best of our joint knowledge to the client?s benefit. --- ## Corporate and M&A URL: https://ccsllegal.com/corporate/ Tax and Social Security Corporate and M&A Real Estate Public and Regulatory Finance and Capital Markets Litigation and Employment Intellectual Property Corporate and M&A CCSL Advogados practice on Corporate and M&A issues includes a wide range of topics, from the set-up of company structures, to the day-to-day management or the support in more complex restructuring and investment structures. In particular we cover the following topics: Setting-up and winding-up of companies Shareholder relationships Due diligences Corporate governance Mergers and acquisitions Corporate advisory Exit operations Comercial law issues As with all other areas CCSL Advogados favours an interdisciplinary approach bringing the best of our joint knowledge to the client?s benefit. --- ## Work With Us URL: https://ccsllegal.com/work-with-us/ WE ARE ALWAYS LOOKING FOR THE MOST TALENTED Work With Us Fill in the form below and attach your CV to submit your application. This process is confidential. Any data submitted will be used for this purpose only. Personal Info Name (required) Nationality (required) Date of Birth (required) Contact Info e-Mail (required) Mobile Phone Motivation and CV Motivation Upload Your CV (required) ? --- ## Team URL: https://ccsllegal.com/team/ OUR TEAM IS OUR GREATEST STRENGTH Our Team José Calejo GuerraPartnerJoão de Lemos PortugalPartnerMafalda Almeida CarvalhoPartnerHugo Baptista FalcãoPartnerRita RendeiroPartnerMargarida BragançaOf CounselFrederico Félix AlvesOf CounselMarta Furtado dos SantosOf CounselSoraia João SilvaAssociatePedro Leitão da MotaAssociateSofia de Melo CampeloAssociateMariana Alves de MeloAssociateBárbara Rodrigues FerreiraAssociateLourenço Noronha AndradeAssociateCarolina Soares AlvesAssociateInês Hassane BorgesAssociateRita Sousa CarlosAssociateTeresa de Olim CaldeiraAssociateInês Costa QueirósAssociateGuilherme Xavier OliveiraTrainee --- ## Tax and Social Security URL: https://ccsllegal.com/tax/ Tax and Social Security Corporate and M&A Real Estate Public and Regulatory Finance and Capital Markets Litigation and Employment Intellectual Property Tax & Social Security CCSL Advogados provides in-depth legal advice to companies and individuals on tax, accounting and social security issues being able to add a business perspective to a full fledge technical practice. Our team has a strong academic and professional background which allows us to deal with all the contingencies faced by our clients in this area. We are able to help our clients manage their tax issues either through tax litigation at all levels (administrative, judicial and arbitration) or through the implementation of adequate tax policies in full compliance with existing legislation and practice. In particular we cover the following topics: Personal income tax (IRS) Corporate income tax (IRC) Value added tax (IVA) Real Estate taxes (IMI and IMT) Customs duties Special taxation regimes Tax benefits Eu law and tax treaties Social security As with all other areas CCSL Advogados favours an interdisciplinary approach bringing the best of our joint knowledge to the client?s benefit. --- ## Sectors URL: https://ccsllegal.com/sectors/ Projects and Infrastructure All the partners in the firm lived and worked abroad thus developing a deep knowledge of the business and legal framework of different countries. For that reason we understand the need of international and domestic investors in their projects and the appropriate mechanisms to establish the relevant partnerships in each situation. Private Equity and Entrepreneurship The firm has close connections with the main accelerators and start-up agencies in Portugal with a broad exposure to projects in seed and start-up phases and their issues in growing their businesses. Private Clients & Estate Planning We have developed a specific practice for private clients in order to provide an integrated service in a personal and reserved environment. Our team is prepared to handle the particular issues of these type of clients, having the necessary skills to address all relevant matters. Public Sector Over time we have built relevant tools and expertise working with public entities, namely in the area of finances and tax, justice and economy, in several Portuguese-speaking countries. Energy and Natural Resources Our team has broad experience in the sector, having worked with some of the major players in different jurisdictions. We have also participated in relevant energy projects and developed a relevant network of partnerships to enhance our knowledge to better understand the particularities of the sector. Creative and Cultural Industries CCSL understands legal and commercial pressures faced by creators and other players of the Creative and Cultural Industries. We want to support creators working in Portugal, so that they can focus on their art and craft, knowing that their legal issues are entrusted on professionals who care and understand the sector. --- ## News URL: https://ccsllegal.com/news/ News Crowdfunding Platforms: Anti-Money Laundering ObligationsCrowdfunding Platforms: Anti-Money Laundering Obligations The Portuguese Securities Market Commission (CMVM) published yesterday a generic opinion clarifying the obligations to which Crowdfunding Service Providers (commonly known as crowdfunding platforms) in? Banco de Portugal Launches Public Consultation No. 4/2026: Draft Repeal of Instruction No. 4/2021 on Operational and Security Risks of Payment ServicesBanco de Portugal Launches Public Consultation No. 4/2026: Draft Repeal of Instruction No. 4/2021 on Operational and Security Risks of Payment Services Banco de Portugal has opened for public consultation,? Amendments to the PRIIPs Legal FrameworkAmendments to the PRIIPs Legal Framework  Decree-Law No. 134/2026 of 9 July was published today, introducing significant amendments to the regime governing advertising and the prior notification of the key? New CMVM FAQs on Reporting Obligations in the Context of Anti-Money Laundering and Counter-Terrorist FinancingNew CMVM FAQs on Reporting Obligations in the Context of Anti-Money Laundering and Counter-Terrorist Financing On 26 May 2026, the CMVM updated its Questions and Answers on the obligations applicable? Transposition of the Directives regarding Administrative Cooperation in Tax MattersTransposition of the Directives regarding Administrative Cooperation in Tax Matters It was published today the law transposing into the Portuguese legal system the European Union Directives on administrative cooperation in? Entry into Force of the Amendments to SIMPLEX UrbanísticoEntry into Force of the Amendments to SIMPLEX Urbanístico The amendments to SIMPLEX Urbanístico enter into force today, following the publication last Friday of the decree that introduces significant changes? Authorization for the Amendment of the Expropriations CodeAuthorization for the Amendment of the Expropriations Code It has been published today Law No. 25/2026, authorizing the Government to amend the Expropriations Code, with a view to decentralizing the? Bank of Portugal Launches Digital Fraud Monitoring PlatformBank of Portugal Launches Digital Fraud Monitoring Platform Banco de Portugal has presented a new Platform dedicated to monitoring and combating digital fraud in the Portuguese financial sector. The creation of this? Tax relief measures to promote the Portuguese housing supplyTax relief measures to promote the Portuguese housing supply A set of tax relief measures to promote and boost the housing supply in Portugal was published on 20 May, in? Entry into Force of the Amendments to the Nationality LawEntry into Force of the Amendments to the Nationality Law The amendments to the Portuguese Nationality Law, which introduce significant structural changes to the regime governing the acquisition of Portuguese? Enactment of Tax Relief Measures in HousingEnactment of Tax Relief Measures in Housing The President of the Republic promulgated yesterday, 12 May, the decree approving a set of tax relief measures aimed at boosting the supply? Promulgation of the Amendments to the Nationality LawPromulgation of the Amendments to the Nationality Law The President of the Republic promulgated yesterday, 3 May, the amendments to the Portuguese Nationality Law, approved by the Assembly of the? Load More --- ## Global Reach URL: https://ccsllegal.com/global-reach/ Global Reach Considering the experience and expertise of its team and of its network of partners, CCSL Advogados is able to support its clients in several jurisdictions, in particular in the context of international investments (inbound or outbound) with a Portuguese connection. --- ## José Calejo Guerra URL: https://ccsllegal.com/team/jose-calejo-guerra/ José Calejo Guerra Partner José has a track record on advising domestic and international clients, dealing with the tax implications of their operations and supporting such clients with complying with their tax obligations. He has been also very involved in dealing with private clients and SME?s in the jurisdictions covered by the firm. Professional ExperienceAcademic BackgroundExpertiseProfessional Experience José has developed his career in some of the leading law firms in Portugal with a focus on tax consulting and tax litigation (both in Portugal and internationally). He has then joined McKinsey & Company Public Sector?s Tax Practice where he acted as an expert consultant for the Firm?s Public Sector practice. At CCSL Advogados José leads the tax and international investment practices covering a broad range of business sectors. José also acts as an arbitrator for tax disputes in Portugal. Academic Background José holds a law degree from the University of Lisbon ? School of Law (2006) and several post-graduation degrees on tax law. José has also completed an Adv. LL.m. in International Taxation from the International Tax Center (Leiden University) where he also stayed as a teaching assistant. José is a frequent contributor to several national and international publications on tax matters and has been recognized on several occasions for his work. Expertise José leads the tax and international investment practice of the firm focusing on transactions with international issues and with Portuguese-speaking countries and is fluent in Portuguese and English. José is a full member of the Portuguese Bar Association, Portuguese Fiscal Association (AFP) and International Fiscal Association (IFA) and has already been recognized as a leading practitioner in Portugal by International Tax Review. E-mail Contact: jcg@ccsllegal.com --- ## Publications URL: https://ccsllegal.com/publications/ Publications Pressupostos Macro-Económicos da Reforma Estrutural do Sistema Tributário em Angola: Perspectivas na Tributação das EmpresasAuthors: Gilberto Luther, José Calejo Guerra Year: 2015 Publication: AB Instantia Read the full article > Summary This paper addresses the main issues to consider when drafting a corporate income tax regime in? Energy Law in Portugal: Five Questions on The ?State Of The Art?Authors: José Calejo Guerra and others Year: 2016 Publication: ICJP / CIDP Read the full article > Summary This book focus on 5 fundamental questions on the Portuguese energy sector from a? International Aspects Of The New Portuguese Corporate Income Tax Regime: Enhancing Tax Competition in The European MarketAuthors: José Calejo Guerra, José Mégre Pires Year: 2014 Publication: European Taxation Read the full article > Summary The paper analyzes the corporate income tax reform enacted in Portugal in 2014? Tax Arbitration in Portugal: A New Tax Dispute Resolution ModelAuthors: Rogério Fernandes Ferreira, José Calejo Guerra, José Mégre Pires Year: 2014 Publication: The Comparative Law Yearbook of International Business Read the full article > Summary The paper looks into the? A (não) Residência Fiscal no Código do IRS e os seus Requisitos: do Conceito Legal à Distorção AdministrativaAuthors: José Calejo Guerra Year: 2014 Publication: Cadernos da Justiça Tributária Read the full article > Summary This paper addresses the legal definition of residency for personal income tax purposes and reads? The Corporate Income Tax Reform in Portugal: Tax Simplification and Investment PromotionAuthors: Rogério Fernandes Ferreira, José Calejo Guerra, Francisco Mascarenhas Lemos Year: 2013 Publication: Intax Read the full article > Summary This paper analyzes the corporate income tax reform in Portugal and its? A Reforma do IRC e as suas Linhas OrientadorasAuthors: José Calejo Guerra Year: 2013 Publication: Advocatus Read the full article > Summary This paper addresses the main features of the corporate income tax reform in Portugal. Limitation on Benefits and EU ClausesAuthors: José Calejo Guerra Year: 2011 Publication: European Taxations Read the full article > Summary The paper focus on the interaction between ?limitation on benefits? clauses used as anti-avoidance devices in tax treaties? Situações Triangulares e Estabelecimentos Estáveis: Análise do Princípio da Não DiscriminaçãoAuthors: José Calejo Guerra Year: 2007 Publication: Revista Fiscalidade Read the full article > Summary This paper analyzes the differences and inconsistencies between non-discrimination clauses in tax treaties and in European Union law? --- ## About URL: https://ccsllegal.com/about/  LAW FIRM About CCSL Advogados is a law firm based in Lisbon and specialized in legal and tax matters in an international setting. CCSL Advogados is the evolution of JCG Advogados as a result of the integration of new partners thus resulting in a group of lawyers with similar backgrounds and complementary skills who share a mutual vision on the values inherent to the legal profession and on the firm?s mission. CCSL Advogados thus promotes a culture of proper balance between providing top-notch quality services to the clients and the personal and professional realization of our lawyers. At CCSL Advogados we encourage a multidisciplinary approach to the issues that are entrusted to us, with new and innovative working methods, in order to establish relationships based on trust, proximity and flexibility with all our clients, lawyers and partners. Our team is led by a group of experts from the new generation all of which share a common background and relevant expertise in the professional and academic sectors, having spent the past decades building their careers in top-tier law firms and international consulting firms and developing their skills in some of the most renowned academic institutions in the world. Since its beginning the firm and its lawyers have already been praised for their work by international publications and directories such as International Tax Review, Legal 500, ACQ Global Awards. --- ## Contact URL: https://ccsllegal.com/contact/ Get Social LinkedIn Contact Info Avenida da Liberdade, 262, 2nd Floor, Left, 1250-149 Lisbon+351 215 835 196info@ccsllegal.com Get in touch with us Fill out this field Fill out this field Fill out this field Send Message --- ## Home URL: https://ccsllegal.com/ We Connect To Our Clients Excellence, Transparency and Efficiency We Push Further, We Go Beyond Experience Leads To Solutions Latest News read all Crowdfunding Platforms: Anti-Money Laundering ObligationsCrowdfunding Platforms: Anti-Money Laundering Obligations The Portuguese Securities Market Commission (CMVM) published yesterday a generic opinion clarifying the obligations to which Crowdfunding Service Providers (commonly known as crowdfunding platforms) in? Banco de Portugal Launches Public Consultation No. 4/2026: Draft Repeal of Instruction No. 4/2021 on Operational and Security Risks of Payment ServicesBanco de Portugal Launches Public Consultation No. 4/2026: Draft Repeal of Instruction No. 4/2021 on Operational and Security Risks of Payment Services Banco de Portugal has opened for public consultation,? Amendments to the PRIIPs Legal FrameworkAmendments to the PRIIPs Legal Framework  Decree-Law No. 134/2026 of 9 July was published today, introducing significant amendments to the regime governing advertising and the prior notification of the key? Posts pagination 1 2 3 4 ? 122 Next Some of Our Recommended Publications view all Pressupostos Macro-Económicos da Reforma Estrutural do Sistema Tributário em Angola: Perspectivas na Tributação das EmpresasAuthors: Gilberto Luther, José Calejo Guerra Year: 2015 Publication: AB Instantia Read the full article > Summary This paper addresses the main issues to consider when drafting a corporate income tax regime in? Energy Law in Portugal: Five Questions on The ?State Of The Art?Authors: José Calejo Guerra and others Year: 2016 Publication: ICJP / CIDP Read the full article > Summary This book focus on 5 fundamental questions on the Portuguese energy sector from a? International Aspects Of The New Portuguese Corporate Income Tax Regime: Enhancing Tax Competition in The European MarketAuthors: José Calejo Guerra, José Mégre Pires Year: 2014 Publication: European Taxation Read the full article > Summary The paper analyzes the corporate income tax reform enacted in Portugal in 2014? Tax Arbitration in Portugal: A New Tax Dispute Resolution ModelAuthors: Rogério Fernandes Ferreira, José Calejo Guerra, José Mégre Pires Year: 2014 Publication: The Comparative Law Yearbook of International Business Read the full article > Summary The paper looks into the? A (não) Residência Fiscal no Código do IRS e os seus Requisitos: do Conceito Legal à Distorção AdministrativaAuthors: José Calejo Guerra Year: 2014 Publication: Cadernos da Justiça Tributária Read the full article > Summary This paper addresses the legal definition of residency for personal income tax purposes and reads? ---