Tiago Marreiros Moreira, Partner, and Rita Pereira de Abreu, Senior Associate, discuss the impact of a recent Court of Justice of the European Union (CJEU) ruling that makes it easier for non-resident pension funds to recover Portuguese withholding tax.
In the article 'New opportunity for non-resident pension funds to recover WHT suffered in Portugal', published by WTS Global, the VdA lawyers explain why the Court found it contrary to EU law to require more demanding evidence from non-resident pension funds than from Portuguese funds, as this restricts the free movement of capital.
The ruling is particularly relevant for refund claims, as the Portuguese tax authorities must accept other forms of evidence, and not only a certificate issued by the supervisory authority.
The decision is expected to be relevant not only for EU-based funds, but also for pension funds established in third countries, strengthening the scope for tax recovery in Portugal.
- Read the full article here.
