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ARTICLE · 09 JUNE 2023

Legislative Clarifications Regarding Tax Benefits

The Portuguese Patent Box Regime, introduced in 2014 as part of the Corporate Income Tax reform, was not immediately competitive compared to its European counterparts.

PortugalTax

With the approval of Law 20/2023 of 17 May, the legislature has introduced a number of legislative changes to various tax incentives. These amendments include provisions intended to clarify certain issues that have arisen in relation to the already well-known Patent Box Regime and the application of the recently created Incentive to Business Capitalisation (Incentivo à Capitalização de Empresas – 'ICE').

Changes to the Patent Box Regime

The Portuguese Patent Box Regime, introduced in 2014 as part of the Corporate Income Tax reform, was not immediately competitive compared to its European counterparts. The percentage of exemption granted, its narrow scope and the rigid approach of the Portuguese Tax Authority ('PTA') limited the attractiveness of the regime.

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