The transposition of Directive (EU) 2022/2523 into the Portuguese legal order

Abstract

The Base Erosion and Profit Shifting (BEPS) project remains a significant international initiative aimed at fostering cooperation between states under the auspices of the Organisation for Economic Co-operation and Development (OECD). Pillar II represents a major milestone, driving countries toward the implementation of a global minimum tax rate to curb harmful tax competition. At the European Union (EU) level, concerns about maintaining the integrity of a single market played a crucial role in shaping legislative measures on corporate taxation. To address these concerns, the EU introduced a directive aimed at ensuring a harmonized approach among member states. The directive received unanimous approval, reflecting a collective commitment to prevent tax avoidance and safeguard fair competition. As part of this effort, Portugal, like other EU countries, transposed its directive into its national legal framework. This article examines the key aspects of the transposition process, its implications for the Portuguese legal system, and how it aligns with the broader EU and international tax policies.