Legislator Case Law & Legislation
02264/20.4BEPRT AI generated

Administrative court dismisses bank's appeal regarding tax authority's refusal to recognize foreign tax credits for withholding tax.

Case Number 02264/20.4BEPRT
Court / Authority
Jurisdiction Portugal (PT)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Administrative Court of Appeal unanimously dismissed the bank's appeal against the Tax and Customs Authority's decision. The bank argued that it should be able to offset foreign withholding taxes against its Portuguese tax liability, but the authority refused this recognition. The court ruled that the specific conditions for such tax credit recognition were not met under the applicable domestic law.

Legislator headnote

Official

BANCO CONTRIBUIÇÃO FINANCEIRA

Keywords

AI generated
foreign tax credit withholding tax tax offset international treaty administrative appeal tax authority double taxation

Cited Legislation

AI generated
Art. 164.º do CIRC
Art. 10.º da Lei n.º 66/2007

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Full text

[Nº CONVENCIONAL] JSTA000P30943

[Nº DO DOCUMENTO] SA22023050302264/20

[RECORRENTE] BANCO 1... S.A.

[RECORRIDO 1] AT – AUTORIDADE TRIBUTÁRIA E ADUANEIRA

[URL] https://www.dgsi.pt/jsta.nsf/35fbbbf22e1bb1e680256f8e003ea931/CF3713025D178CA0802589A5003EBDFD?OpenDocument