News published in INFORMA 2022

News published in INFORMA during the month of MAY

The reserves of the fiscal transparency regime , of article nineteen of Law 61/1978, of December 27, on Corporate Tax, are part of the equity that can be counted to determine compliance with the requirement of maintaining the increase in equity for the purposes of applying the capitalization reserve.

An administrative concession acquired by a small company that was already being operated by a third party will not be considered a new asset , so the entity will not be able to benefit from the tax incentive provided for in article 103 of the LIS .

The maintenance of the increase in equity does not refer to each of the items of equity, but rather the amount of the increase in equity must be maintained in global terms by the entity that generated them, during the period required by the legal provision.

If there has been an accounting decrease in the voluntary reserve as a result of a procedure that has led to a regularization in the Corporate Tax, said charge to reserves will mean a lower amount of the equity at the end of the financial year for the purposes of determining whether the requirement of maintaining the increase in equity has been met.