Joaquim Pedro Lampreia is quoted by Jornal de Negócios in an article analysing the recent proposal to amend the Municipal Property Tax (IMI), which suggests that dams, wind farms and photovoltaic powerplants be classified as buildings and, consequently, assessed for IMI purposes.

As Joaquim Pedro Lampreia explains, this legislative amendment paves the way for previous IMI evaluations and settlements to be annulled, since tax law does not have retroactive application. The Tax Authority “would have to conduct new assessments based on the new law” as ‘the previous evaluations would be illegal, having been carried out under the old law, which did not classify such assets as real estate’, explains the VdA lawyer.

Joaquim Pedro Lampreia further adds that if this legislative proposal is approved, 'it means a recognition by the legislator that the current law is not correct, thereby legitimising the companies’ position'.

The IMI applied to dams and wind farms has long been a contentious issue, marked by advances and setbacks and lengthy court proceedings, many of which are still awaiting a decision by the Supreme Administrative Court (STA).

• This news item can be found here.