Portugal has published draft legislation regarding the
implementing of the EU Directive on mandatory disclosure rules
(Council Directive 2018/822, also known as DAC 6).
We list below some of the key features of the draft
legislation:
Reportable arrangements
As per the Portuguese draft legislation, an arrangement is
reportable if:
- the arrangement is considered to be a
domestic arrangement or it is a cross-border arrangement (as
defined by DAC 6); and
- the arrangement meets at least one of
the DAC 6 hallmarks or the additional Portuguese hallmarks.
For non-domestic arrangements, the scope of the taxes covered
under the Portuguese draft legislation meets the directive and
applies to all taxes with the exception of VAT, customs duties,
excise duties and compulsory social security contributions.
However, the Portuguese draft legislation includes VAT in the
covered taxes in domestic arrangements and cross-border
arrangements that are to be applied or
