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A recent investigative report has raised questions regarding the tax treatment of business models based on credit intermediation and the use of brand and commercial structures.
In comments to SIC, Tânia de Almeida Ferreira, partner in the Tax practice at CCA Law Firm, analyses the conditions required for an activity to be regarded, for tax purposes, as the effective provision of credit intermediation services.
In this context, she notes that “if I merely provide materials, if I merely provide a name, if I merely provide a brand and do nothing further, then I am not negotiating a credit”.
She further highlights that the tax qualification of an activity depends on the existence of an effective service being provided, and that the mere provision of a brand, materials or a commercial framework is not sufficient, which may have relevant implications for the tax treatment of such operations.
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