Joaquim Pedro Lampreia (Partner) is quoted in an article by Jornal de Negócios newspaper on capital reinforcements with real estate which, following the Government's wish to broaden the tax basis, risk paying more IMT.

"This proposed amendment, comes in the wake of several judgments of the Supreme Administrative Court (STA),issued in 2021, and in which it was discussed, precisely, if the transfers of real estate in which the partners, for free, used properties to comply with the delivery of ancillary services were or were not subject to tax. What the STA has been considering is that tax should not be levied in these cases, contrary to the opinion of the Tax and Customs Authority. The Tax Authorities have basically understood that the supplementary contributions in kind, in the form of the delivery of real estate property by the shareholder to the company, are "an operation equivalent to the sale of a real estate property by the shareholder to the company". And, in that sense, they should be considered as being an onerous transmission and not a liberality and, therefore, they are subject to the incidence of IMT."

Read the article here.