- A permanent establishment (PE) for VAT purposes requires permanence in Portugal, adequate human and technical resources, and operational autonomy.
- The structure must be able to receive, use, and autonomously perform contracted services in Portugal.
- Merely having a postal address or facilities without resources or a representative with decision-making power does not qualify as a PE.
- This is the first PTA ruling to clearly define PE for VAT, aligning with EU Regulation 282/2011 and CJEU case law.
Source: garrigues.com
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
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