Dedução de encargos financeiros

: dedução de encargos financeiros provenientes de financiamentos obtidos na compra de capital social num momento anterior a uma operação de fusão

Abstract

This study concerns the analysis of financial charges deductibility, having as essential question the deduction of financial charges, in the purchase of social capital, before a merger operation. Therefore, it is primordial to fully understand all specificities of the article 23º of the Portuguese Corporate Income Tax Code (hereinafter CIRC) and a vast amount of related case law, in order to simplify and organize their interpretation and to observe the crucial requirements of expenses tax deduction. Then, we will continue the study of the article 23º of CIRC and its new wording, that was introduced in 2014. We will speculate on its interpretation and whether if it is a satisfactory legislative response, when applied to concrete cases. In the most complex cases, it is crucial to bring to discussion all inherent doubts and questions related to the legal entities financement expenditures deductibility, namely financial charges deductibility that derive from social capital purchase financements, previous to a merger operation. Thereby, in conjunction with the lack of knowledge and preparation of those who need to be prepared, the matter that effectively needs to be evaluated and studied, hence the choice of this academic research, translates into the passionate and controversial new wording of the article 23.º of the CIRC, since there are practically no studies in this area, and the investigation is yet in the field of mere speculation.

Date of Award	1 Mar 2018
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Tomás Tavares (Supervisor)