Incorrecta aplicación de tipos impositivos distintos a los intereses procedentes de instrumentos de deuda en función del lugar de residencia del emisor: STJUE de 12 de octubre de 2023, C-312/22

Abstract

The Portuguese regulations governing personal income tax establish a tax rate of 20% for interest derived from obligations and debt instruments that come from entities resident in Portugal, in contrast to the equivalent income of companies resident in third countries that are taxed at a progressive rate that can reach 40%. Through this judgment, the CJEU concludes that regulations such as the one described are contrary to the free movement of capital, since it makes the applicable tax rate depend on the place of residence of the entity that pays them, thus generating a treatment discriminatory between taxpayers depending on the State in which they make their investments.