Tax Benefits and Special Regimes

Basic knowledge of IRC and SNC.

The teaching and learning methodology is based, initially, on the use of the expository method of the theory underlying tax benefits and
special regimes. Subsequently, and in a second phase, the teaching method involves analysis and different practical cases, encouraging
students to discuss them and search for the most efficient solution from a fiscal point of view.
Additionally, students are invited to prepare a paper on a Tax Jurisprudence Ruling or a paper on the subject taught.
The preparation of the work will allow students to consolidate knowledge about the theory of tax benefits and special regimes, and the
discussion and resolution of practical cases will allow students to consolidate their knowledge about the application of tax benefits and
special regimes.

The main objectives of the curricular unit on tax benefits and special regimes are:
i) identify the main tax benefits existing in the Portuguese tax system;
ii) characterize the main special tax regimes in the Portuguese tax system;
To achieve the objectives, the teaching method is based on a combination of exposition of theory with the resolution and discussion of
practical cases.
At the end, the student must have the following skills:
a) frame the main tax benefits of the business sector, taking into account the legislation and tax jurisprudence in force;
b) analyse the different special tax regimes in force in the Portuguese tax system.

1. Introduction
1.1 Definition of tax benefit
1.2 General principles: scope, concepts, expiry
2. Tax benefits (BF) in the Tax Benefits Statute (EBF)
2.1 BF of a social nature
2.2 BF to the financial sector and capital markets
2.3 BF to company capitalization
2.4 BF of real estate
3. Investment Tax Code (CFI)
3.1 Tax benefits for productive investment
3.2 The investment support tax regime (RFAI)
3.3 The system of tax incentives for research and business development (SIFIDE)
4. Special regimes
4.1 The special tax regime for the taxation of Groups of Companies in IRC and VAT
4.2 The special tax regime for mergers, splits and transfers of assets into IRC and VAT
4.2 The special regime for real estate investment funds and companies for residential rental (FIIAH) and (SIIAH)
4.3 The VAT waiver regime in real estate transactions
4.5 Other special IRC and VAT regimes
5. Discussion of practical cases, as well as tax jurisprudence

Students may choose one of the following assessment regimes:

A) Examination Assessment

In accordance with the applicable rules and regulations, this assessment consists of a written examination held during the examination periods set out in the academic calendar.

Pass requirement: a minimum mark of 10 out of 20.

Marks above 16 out of 20 may be subject to an oral examination, with a maximum duration of 20 minutes, in order to verify that the level of knowledge demonstrated is consistent with the mark awarded.

B) Periodic Assessment

This assessment regime comprises the following components:

i) Written Assignment (WA)
Preparation of a written assignment on a topic proposed by the course instructor, related to the syllabus content.
The assignment must be presented and orally defended in class and shall be carried out in groups of three students (preferably), or in groups of two or four students, depending on the total number of students enrolled in the class.

The presentations and oral defences will take place during class sessions on dates to be announced by the course instructor.
The estimated duration of each group presentation is 20 minutes.

ii) Final Examination (FE)
As described under A).

Final mark calculation formula:
Final Mark = 40% WA + 60% FE

Marking scale: 0–20.
Pass requirement: a minimum mark of 10 out of 20.

Additional provision:
Marks above 16 out of 20 may be subject to an oral examination, with a maximum duration of 20 minutes, in order to verify that the level of knowledge demonstrated is consistent with the mark awarded.

C) Continuous Assessment

This assessment regime comprises three components:

i) In-class Questions (IQ)
A total of 7 individual in-class questions.
From the second week of classes onwards, one question will be set in one of the classes, up to a total of seven.

ii) Written Assignment (WA)
As described in B) i).

iii) Final Examination (FE)
As described in A).

Final mark calculation formula:
Final Mark = 40% WA + 40% FE + 20% IQ

Marking scale: 0–20.
Pass requirement: a minimum mark of 10 out of 20.

Additional provision:
Marks above 16 out of 20 may be subject to an oral examination, with a maximum duration of 20 minutes, in order to verify that the level of knowledge demonstrated is consistent with the mark awarded.

NAO