RPBA practice areas are Tax Law and, on an ancillary basis, Company Law, Real Estate Law and Contract Law, especially due to our involvement in tax structuring and restructuring of operations and corporate groups.
The fact that we have deliberately narrowed our service offer to tax and tax related issues does not mean, in itself, a necessary restriction of our Client base. Indeed, taxation permeates every aspect of contemporary life, and accordingly each person is prone to be a taxpayer of some sort.
Tax is by far one of the most complex and ever evolving areas of knowledge. It encompasses law, microeconomics, public finance, accounting and financial computation. Tax advisory work is an elusive designation that may comprise:
► Tax Compliance, Tax Auditing, Tax Consulting, Tax Opinions, Tax Legislation Design, Tax Planning, Tax Litigation, Tax Crime Defense.
► International, European and Domestic Tax Law.
► Taxes as diverse as those on income, wealth, real estate transfer and ownership, value-added, energy, cars, gifts and inheritance, stamp duties, excises, customs duties, as well as social security contributions and fees.
Therefore, and to deal with the challenge of every taxpayer being a potential Client, RPBA has to be very selective, only taking up work that is of interest, not necessarily on the grounds of profitability, but due to the intellectual challenges it presents, and that fits what it believes it can do best: Tax Consulting, Tax Opinions, Tax Legislation Design, Tax Planning and Tax Litigation, either on International or Domestic Tax Law, with a focus on income and real estate taxes. Nevertheless, our thorough and inside knowledge of the Portuguese and International tax arena enables us to provide Clients with the best recommendations in other jurisdictions and in those tax practice areas that are outside our core niches.
RPBA has special expertise in the following fields:
• Restructuring of Portuguese and international economic groups (mergers, spin-offs, asset contributions, share for share exchanges, tax grouping, European economic interest groupings, unincorporated silent partnerships and other joint ventures);
• Business restructuring (v.g. from distribution to commissionaire), cost contribution, sharing and service agreements and structuring of income flows and transfer pricing within Portuguese and international economic groups, namely interest, service fees and royalties;
• Foreign investment and disinvestment structuring in Portugal and Portuguese investment and disinvestment structuring abroad;
• “Un-offshoring” of structures;
• Residence planning (in particular through the Portuguese non-habitual resident and golden visa regimes or through similar foreign regimes); For more information on our Residence Planning Services, please visit our microsite: www.nonhabitualtaxresident.com
• Secondment of Portuguese nationals abroad and of foreigners in Portugal;
• Optimization of the private wealth of high net worth or income individuals;
• Before both the tax administration and the judicial, arbitration and constitutional courts, especially in the areas of Corporate Income Tax and real estate taxation, namely, as far as the latter is concerned, regarding the Portuguese Stamp Tax on “luxury immovable property” and the Personal Income Tax regime for rollover relief of capital gains deriving from the sale of immovable property used as an habitual abode.
• Rural land consolidation
• Holding structures
• Financial products, including life insurance and certificates; regimes of communication of cross-border transfers and offshore accounts as well as of bank secrecy waivers; disclosure, tax optimization and reduction of compliance costs associated with offshore income.
• Structuring and managing, either on the real estate or on the financial angle, by the use of holding and operational companies, trusts, private and family foundations, life insurance, wills, shareholders’ agreements and family protocols. For more information on our Family Office Services, please visit our microsite: www.familyofficeportugal.com
RPBA Clients' main sectors of activity are real estate (encompassing all its subsectors like shopping centers and retail parks, construction and development, hotels and leisure), manufacturing industry and commercial distribution (especially of pulp, paper and beverages), telecommunications and information technology, holdings and finance.
Client Base and Demographics
RPBA Clients include domestic and international corporate groups; family-owned and small and medium-sized enterprises with national and international operations; auditing, management and accounting companies and other law offices; high net worth or income individuals and families; foundations, public entities and non-profit organizations.
Besides corporate bodies, RPBA serves individuals, focusing on active life individuals like expatriates, skilled professionals, entrepreneurs, real estate buyers or sellers, normally aged between 40 and 60, on family office management and on estate and succession planning of elder individuals.
Relationship with other Professionals
In order to maintain its profile and niche tax practice areas without compromising its ability to offer clients a full tax service, as well as for a second partner review in projects that comprise an added degree of complexity and/or risk, RPBA has selective tax associations (which do not impair other sporadic collaborations) with like-minded individuals and well-known professionals in these other fields. In this regard we highlight Dr. Raul Soares da Veiga, Partner and Lawyer at Raul Soares da Veiga & Associados – Sociedade de Advogados, R.L. for Tax Crime Defense.
RPBA has associations with other premier law offices, and relevant joint work experience with the leading Madeira Free Zone management company, three of the big four auditing and consulting firms, several property appraisers, two preeminent statutory auditors and a local accounting firm, which enable it to provide its Clients with quality services or recommendations in other relevant legal and non-legal areas.