Imposto mínimo sobre sociedades

: um exame da cláusula de exclusão de rendimento com base na substância

Abstract

In recent years, we have been working towards improving fairness in corporate taxation, particularly for large multinational companies. The OECD has been developing a set of measures to ensure that companies pay a minimum effective tax rate on their income ata global level. This has led to the creation of OECD Pillar II, which the European Union has decided to implement through Council Directive 2022/2523, ensuring a global minimum level of taxation for multinational and large domestic corporate groups in the Union. This dissertation focuses on analyzing one element of this directive, namely the exclusion of income based on substance. We will examine how the formula works and the interpretation of two expressions, i) eligible payroll costs and ii) eligible tangible assets. Through this analysis, we will identify flaws that may jeopardize the directive's objectives.Furthermore, as current tax benefits are based on deductions and tax credits, we intend to demonstrate how the directive can influence and "neutralize" the effects of these benefits. We will also provide recommendations to modify current benefits and propose the creation of new ones.

Date of Award	18 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	João Félix Pinto Nogueira (Supervisor)