16.05.2024
Ricardo Seabra Moura signs opinion article on the challenges of taxation in real estate transactions in Portugal
Ricardo Seabra Moura has written an article entitled "Portuguese real estate transfer tax: the devil is in the detail" in which he discusses the complexity of taxation in M&A transactions involving companies with real estate assets in Portugal.
The Morais Leitão tax consultant highlights the need to meet specific requirements for the application of real estate transfer tax, including assessing the value of the company's real estate assets in relation to its total assets, not allocating these assets to a specific business activity, and retaining at least 75% of the share capital after the acquisition. Tax interpretations and implications are discussed, emphasising the importance of due diligence in these transactions to avoid possible complications.
Ricardo Seabra Moura states that "There is an important concern to consider in M&A transactions and due diligence reports where a share deal involves companies that hold real estate assets, or that hold shares in companies with real estate assets, located in Portugal."
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