EDP en la Bolsa | edp.com

Income resulting from the sale of subscription rights attributed on November 8^th, 2004, was considered as capital gains. For further information on EDP's 2004 capital increase and its consequences, please visit  5th Phase of Privatisation / Capital Increase.

Dividends made available to Corporate Shareholders are liable to withholding tax at a 25% rate*. Dividends made available to Individual Shareholders are liable to withholding tax at a 28% rate*, without prejudice to the option to include distributed dividends in its taxable income for resident individuals. Exemptions or reduction of the withholding tax under a Double tax Treaty may apply, providing the requirements are met. For the purposes of exemption from withholding tax or reduction of the abovementioned withholding tax rate, the shareholders must confirm the characterization of their tax situation with the financial intermediary in which the respective shares are deposited.

(*) The dividends made available are subject to a definitive withholding tax at the rate of 35% (as described in Portuguese tax legislation): (i) in accounts opened in the name of one or more holders but for the account of unidentified third parties, except when the beneficial owner is identified, terms in which the general rules apply; or (ii) non-resident entities without a permanent establishment in Portuguese territory, domiciled in a country, territory or region subject to a clearly more favorable tax regime, listed in an order approved by the Portuguese Ministry of Finance.

Residents

Capital gains derived by corporate shareholders arising from the disposal of shares or bonds are subject to the standard corporate income tax rate of 21% on the global amount of taxable income realized by companies resident for tax purposes in mainland Portugal (also applicable to Portuguese PEs of foreign entities).

Additionally, the following surtaxes may also apply: i) local surtax (“Derrama”) of up to 1.5% of taxable income, prior to the deduction of any available carryforward tax losses, is levied in certain municipalities. The local surtax is assessed and paid when filing the CIT return; ii) state surtax (“Derrama Estadual”) applies (prior to the deduction of any available carryforward tax losses) at the following rates:

• 3% applicable to the taxable profit exceeding EUR 1.5 million and up to EUR 7.5 million.


• 5% applicable to the taxable profit exceeding EUR 7.5 million and up to EUR 35 million.


• 9% applicable to the taxable profit exceeding EUR 35 million.

As a result, the aggregate corporate income tax rate might amount up to 31.5%.



In what concerns individual shareholders, capital gains arising from the disposal of shares and other marketable securities trigger a tax rate of 28%. However, resident investors may opt to include these gains in their total taxable income (being liable to the progressive tax rates foreseen in the Personal Income Tax Code).



Non-residents

Capital gains derived by corporate and individual shareholders from the disposal of shares, securities, autonomous warrants issued by residents and financial derivatives issued in a regulated stock market, are exempted in Portugal, under specific circumstances, as described in Portuguese tax legislation. For mere indicative purposes, exemption may apply to:

a) a non-resident entity held, directly or indirectly, by resident entities in more than 25%;

b) a non-resident entity resident in a territory that is a listed tax haven; or

c)  capital gains arising from the transfer of shares held in Portuguese companies which assets are constituted in more than 50% by real estate property located in Portugal or in a holding company (SGPS) that controls such a company.

If this exemption is not applicable, capital gains arise from the disposal of shares, securities, autonomous warrants issued by residents and financial derivatives issued in a regulated stock market, when obtained by corporate shareholders trigger a taxation of 25% whereas individual shareholders are liable to a 28% tax rate.



Please note that this taxation may, eventually, be mitigated by a DTT that grants the State of residence the right to tax this sort of income however this must be analyzed within the appropriate Treaty.

Non-resident entities (corporate investors) that obtain capital gains from the disposal of shares of Portuguese companies must submit a tax return until the last day of May of the following year or until the 30th day after the sale.

*** All this content shall not be used as fiscal advisory recommendations and for further information, please consult either your financial intermediary or the Portuguese Tax Authorities through http://www.portaldasfinancas.gov.pt.

Resident investors

Interest on bonds paid to corporate investors triggers withholding tax at a 25% rate, which shall be considered as an advance tax payment (being deducted from the final tax to be paid by Portuguese resident entities).

Pension Funds and similar Funds, Saving Funds (retirement, education and retirement/education) and Organizations of Public and Social Interest (duly recognized by the Portuguese State) are exempt of withholding tax. Investment Funds are taxable as individual shareholders.

Interests on bonds paid to individual investors are liable to withholding tax at a 28% rate. However, resident investors may opt to include these interests in their total taxable income being liable to the progressive tax rates set forth in the Personal Income Tax Code. If such option is made, any withholding shall be deemed as an advance tax payment.

Non-resident investors

Interests on bonds paid to corporate investors and to individual investors are exempt of taxation when paid to:

a) central banks, governmental agencies or international organizations recognized by the Portuguese State;

b) residents of a country with which Portugal has signed a tax treaty with exchange of information mechanism, or

c) entities that cannot be deemed as resident in a territory listed as a tax haven.

From July 1^st, 2013 onwards, the payment of interest (including interest on bonds) by Portuguese companies to EU and Swiss resident companies are exempted from withholding tax, according to requirements predicted under the Directive 2003/49/CE.

*** All this content shall not be used as fiscal advisory recommendations and for further information, please consult either your financial intermediary or the Portuguese Tax Authorities through http://www.portaldasfinancas.gov.pt.