Tiago Marreiros Moreira, Partner, and Rita Pereira de Abreu, Senior Associate, analyse a ruling of the Court of Justice of the European Union (ECJ) that eases administrative hurdles for foreign pension funds seeking Portuguese withholding tax (WHT) exemptions.

In the article ‘Portugal: ECJ eases administrative barriers to WHT exemption for foreign pension funds’, published in International Tax Review, the VdA lawyers explain the Portuguese regime and the ECJ’s preliminary ruling in case C-525/24 (Santander Renta Variable), which confirmed that imposing additional administrative requirements on non-resident pension funds may constitute a restriction on the free movement of capital.

The article highlights the practical consequences of the decision, noting that while a declaration from the fund’s supervisory authority may still be requested for WHT relief at source, it cannot be required as the sole means of proof. For refund claims, the Portuguese tax authorities must accept alternative evidence or documentation.

• Read the full article here.