Joaquim Pedro Lampreia was quoted in an Expresso article on the taxation of real estate capital gains for foreign companies.

In this article, entitled "Supremo Tribunal Administrativo concludes that foreign companies are not entitled to a tax discount on real estate capital gains", Joaquim Pedro Lampreia gives his opinion on the decision of the Central Administrative Court of the North (TCAN), of June 2021, on the taxation of a capital gain for a company not resident in Portugal.

According to the news report, unlike the Supreme Administrative Court (STA) in a similar case, TCAN "ruled in favour of a non-resident company against the Tax Authority, which wanted to apply tax to the entire capital gain obtained from the sale of a property in Albufeira".

In response to this question, Joaquim Pedro Lampreia explained to Expresso that "the TCAN ruling is ill-founded and makes several confusions between personal income tax and corporate income tax, which is evident from the fact that at the end, by a clear oversight, it refers to and even decides to revoke the 'personal income tax assessment', when it was only a corporate income tax assessment that was at issue".

Until 2023, Joaquim Pedro Lampreia states that "natural persons who are not resident in Portugal were taxed by the IRS on the full amount of the real estate capital gain when they sold a property located in Portugal. However, resident individuals are only taxed on 50 per cent of the capital gain."

  • Read the full article here.