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13 Eur. Tax Stud. I-1 (2023)

handle is hein.journals/eurotaxs14 and id is 1 raw text is: Comparative studies - peer-reviewed Studi Tributari Europei. Vol.13 (2023) https://doi.org/10.6092/issn.2036-3583/19805 ISSN 2036-3583 Family businesses: tax effects on corporate transactions in Portugal M. Matilde Lavouras* Published: July 31, 2024 Empresas familiares: efeitos fiscais das transmissbes das participag6es sociais em Por- tugal This study systematizes the Portuguese tax regime of corporate transactions in family business. After a short reference to family business in the context of European Union and in Portugal it is established the central point of the analysis: the irrelevance of the classification as family enterprise for tax purposes. However, the precedent inference does not influence the main lines of examination and the conclusions. In order to ensure a correct and complete analysis there are identified several legal aspects related to the taxation of income generated by family business and earned by the members of the family. At last it is scrutinized the legal tax regime applied to shares transitions by inter vivos or mortis causa transactions. Este estudo analisa sinteticamente o regime fiscal portugues nas transmissoes de empresas fa- miliares. Ap6s uma breve referencia a empresa familiar no contexto da Uniao Europeia e em Portugal entra-se no ponto central da anilise: a irrelevincia da caracterizagao e classificagao de uma entida de como empresa familiar para efeitos fiscais. No entanto, a inferencia precedente nao influencia as principais linhas de estudo e as conclusbes. Para garantir uma anilise correta e completa do tema sao destacados alguns aspetos legais relacionados com a tributagao dos ren- dimentos gerados pelas empresas familiares e auferidos pelos membros da familia. Por fim, e feita uma referencia ao regime juridico-fiscal aplicado as transiges de agves por operag6es inter vivos ou mortis causa. Keywords: Family Business; Inheritance Taxation; Corporate Transactions; Succession Agree- ments. SUMMARY' 1. Introduction - 2. Family businesses in the European Union and in Portugal: a brief comment - 3. Family business and income taxation - 4. Taxation of shareholders transfers - 4.1 Inter vivos transfer of ownership - 4.2 Mortis causa transmissions - 5. Conclusion 1. Introduction Family businesses are a peculiar reality and, although they are often classified as closed commercial companies, they do not outflow from the influences of market behaviour1. If, in typological terms, there are some difficulties in conceptual delimitation of family business, the greatest challenges are related with operation and management, especially those that arise directly from the existence of an influence of the business family. Although the most commonly studied aspects are connected to management and ownership, we will deal with another aspect, either directly or indirectly, impacts * University of Coimbra (PT); M mlavouras@fd.uc.pt; D https://orcid.org/0000-0001-6447-5214 1. These companies have their own characteristics that make them more resilient, but at the same time, also more vul- nerable. P. Gianiodis, S. Lee, H. Zhao, M. Foo e D. Audretsch, Lessons on small business resilience, in Journal of Small Business Management, vol. 60, 2022, 5, 1029-1040, https://doi.org/10.1080/00472778.2022.2084099 Copyright © 2023 Studi Tributari Europei I - 1 The text in this work is licensed under the Creative Commons Attribution-NonCommercial License. https://creativecommons.org/licenses/by- nc/4.0/

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