Learning outcomes of the curricular unit
- Identify, discuss and analyse the fundamental and structuring principles of wealth taxation.
- Recognise and critically analyse the architecture of wealth taxation in the Portuguese tax system.
- Identify, distinguish and compare the essential elements of the taxes levied on the holding and transfer (onerous or gratuitous) of real estate property in the Portuguese tax system.
- Apply the legal principles and rules studied to analyse and solve practical problems and real conflict situations.
- Develop skills in researching and analysing recent case law from the higher courts and institutionalised arbitration on property and stamp taxes, identifying the main areas of litigation and the key issues under discussion.
- Develop skills in presenting and discussing the results of case law research among peers.
Syllabus
1. Introduction. Fundamental principles and structuring principles of wealth taxation. Architecture of property taxation in the Portuguese tax system. Property taxation and income taxes. Property taxation and local autonomy. 2. Real Estate Municipal Property Tax (IMI). Subjective and objective incidence. Exemptions. Determination of the taxable value (VPT). Rates. Settlement and payment. Additional to the Real Estate Municipal Property Tax (AIMI). Incidence. Determination of taxable value. Fees. Settlement and payment. 3. Real Estate Property Transfer Tax (IMT). Subjective and objective incidence, real and ‘fictitious’ transfer. Exemptions, in particular the exemption for the acquisition of buildings for resale. Determination of the taxable value. Rates. Settlement and payment. 4. Stamp Tax (IS). Subjective and objective incidence. Exemptions. Taxable value. Rates: General table. 1
