Capitalisation of a Company by its Shareholders under Portuguese Companies Code
We are often asked about the best way for the shareholders of a commercial company to capitalise their company without resorting to third-party debt (i.e.,
In a Resolution dated May 12th, 2023, the TEAR upheld the claim filed against the provisional ISD liquidation of the Community of Madrid, determined by the DGT of the Community of Madrid, which denied the application of the 99% tax credit, based on the fact that the donation documented before a French Notary Public and duly apostilled, would not be considered as a public document, a requirement established by article 3.five.2 of Law 4/2006, of December 22nd, 2006, on Tax and Administrative Measures.
On the contrary, the TEAR appreciates that those formalized before a foreign Notary cannot be excluded from the consideration of public documents, as long as they comply with the notarial legislation of the corresponding State, together with the fact that the apostille of the document has recognized the condition of “public document”, thus confirming its documentary cate gory.
The TEAR also ratifies that the only requirement demanded by Article 25.2 of Legislative Decree 1/2010, of October 21st, consists of the mere formalization of the donation by means of a public document, so that the granting of a notarial deed of donation itself cannot be considered essential.
We are often asked about the best way for the shareholders of a commercial company to capitalise their company without resorting to third-party debt (i.e.,
The regulatory environment in Spain for 2026 marks a turning point toward digitalization and corporate transparency. For small and medium-sized enterprises (SMEs), these developments should
In the coming weeks, news about the start of the 2025 income tax campaign will begin to proliferate on social media, in the general press