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As fronteiras do planeamento fiscal
: a aplicação da cláusula geral anti abuso (CGAA)

  • Duarte Nascimento de Oliveira (Student)

Student thesis: Master's Thesis

Abstract

The Portuguese General Anti-Abuse Rule (GAAR) constitutes one of the primary means to ensure that taxation fulfills its main purposes, namely, correcting inequalities, distributing wealth, and enabling political and fiscal systems. The GAAR ensures these objectives by combating abusive practices and preserving the integrity of the tax system. Although taxpayers can choose business models that minimize costs and maximize revenues, tax planning must have legitimate commercial grounds. Therefore, it is necessary to distinguish between legitimate and illegitimate tax planning. through the analysis of the intellectual, normative, mean, and result elements, which are crucial to identify the occurrence of abusive tax planning.
Date of Award27 Jan 2025
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorCarla Marisa Castelo Trindade Martins (Supervisor)

UN SDGs

This student thesis contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 10 - Reduced Inequalities
    SDG 10 Reduced Inequalities
  2. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • General anti-abuse rule
  • GAAR elements
  • Tax evasion
  • Abusive mechanisms

Designation

  • Mestrado em Direito

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