Portugal

Yes. Portugal excludes from the definition of the intermediary one that simply provides a description of the Portuguese tax framework or advises on a situation that is already in place.

An intermediary is a person that designs, markets, organises or makes available for implementation or manages the implementation of an arrangement. There is no differentiation between a corporate entity/advisor. Individual advisors can qualify as Intermediaries.

This is not expressly foreseen. However, the PTA has already clarified that a person bound to the intermediary by a contract of employment does not qualify as an intermediary, even though his / her activity falls under the definition of “intermediary”. Furthermore, when no intermediary is involved, if there is a tax arrangement to report, the obligation lies on the taxpayer / MNE.

Not specifically defined.

Similar to the Directive. However, it requires that the intermediary have some connection with the Portuguese legal system, be it: (a) having fiscal residence in Portugal;(b) having a permanent establishment in Portuguese territory, from which he/she provides services related to the arrangement; (c) being incorporated or governed by Portuguese Law;(d) being registered with a professional association for legal, tax or advisory service.

Reporting duties are also levied upon a person who - having met one of the conditions above specified - has the necessary know how to provide such a service and knows (or should have known) that he/she has agreed to provide advise in the design, commecialization, organization or deployment of an arrangement or to manage such an arrangement.

Three possible scenarios that generate a reporting duty for the relevant taxpayer: (a) when there is no intermediary involved and a tax arrangement is applied;(b) the relationship with the intermediary is bounded by legal/contractual privilege;(c) the intermediary is not resident in Portugal.

There are no deviations from the Directive.

There are no deviations from the Directive.

There are no deviations from the Directive.

There are no deviations from the Directive.

There are no deviations from the Directive.

There are no deviations from the Directive.

The intermediary or the taxpayer must provide documentation to the relevant tax authorities attesting the relevant information was already communicated in other Member State(s). For such, the intermediary or the taxpayer has 10 days counting from the deadlines foreseen above.

Yes, but only the ones concerning specific Hallmarks (i.e.: B1, B2, B3, D1, D2, and E2).

All domestic taxes, including VAT(for internal mechanisms).

To include certain domestic transactions.

Differs slightly from Directive, having determined a more restricted scope of application (only included Hallmarks A, B, and C1iii and C1iv).

Similar to the directive. However, it requires that no reasonable doubt exists in regard to the main purpose being of tax nature.

The concept includes any reduction, exemption or deferral of the tax. The report of tax losses or the concession of tax benefits (not obtainable without the use of the arrangement) falls within the scope of this definition of advantage.

Mostly in line the directive, excluding the strict description of the Portuguese tax framework applicable to a given situation or the advice on a situation that is already in place.

There is no white list.

There are no deviations from the Directive.

There is no specific guidance. Same as in the Directive.

There is no specific guidance. Same as in the Directive.

There is no specific guidance. Same as in the Directive.

There are no deviations from the Directive. The report should include the following information:(a) information about the intermediary, including the name, date, and place of birth (for individuals) or company name (for legal persons), address, the residence for tax purposes, TIN; and information about the user: name, date, and place of birth (for individuals) or company name (for legal persons), address, the residence for tax purposes, TIN; and information about associated enterprises;(b) details of the hallmarks;(c) a summary of the content of the reportable cross-border arrangement, including a reference to the name by which it is commonly known, if any, and description in abstract terms of the relevant business activities or arrangements, without leading to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information the disclosure of which would be contrary to public policy;(d) the date on which the first step in implementing the reportable cross-border arrangement has been made or will be made;(e) details of the national provisions that form the basis of the reportable cross-border arrangement;(f) the actual or foreseeable value of the reportable cross-border arrangement;(g) the identification of the Member State of the relevant taxpayer(s) and any other Member States which are likely to be concerned by the reportable cross-border arrangement;(h) the identification of any other person in a Member State likely to be affected by the reportable cross-border arrangement, indicating to which Member States such person is linked.

There are no deviations from the Directive.

In line with n.º 7 and 8 above.

There are no deviations from the Directive.

No information is available so far.

28.02.2021.

30.01.2021.

30 days in line with Directive.

Fail in reporting or reporting after the deadline; Report with oversights and inaccuracies; a failure in providing additional clarifications/elements.

Penalties between EUR 2,000 and EUR 160,000, in the following terms:i) Non-submission or submission non-compliant with the deadlines - from € 6,000 to € 40,000 (individuals) or from € 12,000 to € 160,000 (legal persons)ii) Errors or omissions on the information reported - from € 2,000 to 30,000 (individuals) or from € 4,000 to 120,000 (legal persons)iii) Non-submission or submission non-compliant with the deadlines of additional information/clarifications requested by Portuguese Tax Authorities following the submission of the form - from € 3,000 to 40,000 (individuals) or from € 6,000 to 160,000 (legal persons).

No distinction is made so far.

None.

Yes, in terms of penalty ranges. Check the "what are the penalties" question.

The penalties are reduced to 1/5.

There was a previous regime, that will be revoked once the new enters into force.

There are no other deviations from the Directive than those already mentioned.

Autoridade Tributária e Aduaneira (AT).

There are no other obligations.

Intermediary. Unless a legal / contractual privilege is in place. In that case, within 5 days of providing the tax arrangement the intermediary informs the tax payer he must report within 30 days and confirm accordingly. If no confirmation is obtained with 10 days after the deadline is met, the Intermediary must report.

Yes. The mandatory obligation lies on the taxpayer. The intermediary is subsidiarily responsible for reporting, in case the taxpayer does not report.

There is no reference.

There is no guidance.

There are no intermediaries who benefit from professional privilege or professional secrecy.

There is no specific guidance.

See the procedure described in question 24.

No.