Tiago Marreiros Moreia (Partner), Francisco Cabral Matos (Partner),  Joana Lobato Heitor (Managing Associate) e Rita Pereira de Abreu (Associate) write an article entitled “WHT on dividends obtained by non-resident collective investment undertakings is not applicable in Portugal”, published in the ILO newsletter, promoted by Lexology.

“Foreign collective investment undertakings investing in Portugal are subject to WHT on dividends paid by Portuguese companies. This results in a clear disadvantage compared to resident funds, which are not subject to corporate income tax on the same dividends. In view of this discrimination, several collective investment undertakings have been challenging the application of the WHT based on the breach of EU law (in line with litigation in other member states based on similar grounds).”

Click here to read the article.