Approve Measures Of Derogation Of Banking Secrecy, As Well As The Taxation To A Special Rate Of Additions Of Assets Exceeding 100 000 Do Unjustified By The Amendment To The Code Of The Personal Income Tax, Approved P

Original Language Title: Aprova medidas de derrogação do sigilo bancário, bem como a tributação a uma taxa especial dos acréscimos patrimoniais injustificados superiores a ¿ 100 000, procedendo a alteração ao Código do Imposto sobre o Rendimento das Pessoas Singulares, aprovado p

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624463324e6931594c6d527659773d3d&fich=pjl766-X.doc&Inline=false

PORTUGUESE COMMUNIST PARTY Parliamentary Group Bill No. 766/X-4. ª Derogation of banking secrecy (nineteenth amendment to the general tax law, approved by Decree-Law No. 398/98, of 17 December and Sixth Amendment to Decree-Law No. 62/2005 of 11 March) 1. Introduction the country has witnessed an intense debate on the fight against corruption and illicit enrichment, and also about the instruments that will allow improving the conditions in which the State can stop this fight, in particular those relating to the derogation of banking secrecy. In this last aspect, the different positions tend to lose rationality advisable to treatment of what, essentially, is a matter of democracy, transparency and citizenship in a society that if you want to and advocates fairer and developed. Were these the reasons for which the PCP to present solutions and proposals that was leading to all budgetary debates in this parliamentary term, apart from the Treaty must also be under autonomous legislative initiatives. Not in the moves – nor could move to a party that just on X term has, on multiple occasions, various proposals for the Elimination of banking secrecy-no intention to take advantage of the current electoral period pre nor the desire that seems to want to turn political issues in races to earn a "yellow Jersey".

It is important, in this context, recall the essential aspects of the evolution of thought and of the solutions presented by different parties throughout the current parliamentary term. That's what we propose to do with the presentation of this Bill.

2 2. Legislative background banking secrecy was consecrated in 1975 through the organic law of the Banco de Portugal, approved by Decree-Law No. 644/75, of 15 November, and reinforced by Decree-Law No. 729-F/75, of 22 December. Several other Government resolutions have reinforced the principle of secrecy to "ensure the interests of the citizen, even the Decree-Law No. 475/76, of 16 June by penalizing the violation of secrecy.

The legislative developments continued in subsequent years with the same orientation to strengthen banking secrecy, (Decree-Law No. 2/78, of 9 January, Legislative Decree 357/79, among other possible examples). Just a few years later this trend is occasionally fought, establishing the law 45/86, of 1 October, for the first time, certain exceptions and giving some powers, although very limited and conditioned, the high authority against corruption. Later, the Decree-Law 298/92 of 31 December, allows new exceptions for the information to be provided to the Bank of Portugal and the Commission of the market of real estate values. The exception afforded to the CMVM is particularly relevant since it allows you to investigate and produce evidence about questionable situations for the interests of the furniture market, by derogation of banking secrecy, without having previously to bail out of any authorization or to submit to any court permission.

Paradoxically (or maybe not), whether the code of tax proceedings and processes, whether the general tax law keeps the public administration, in particular the tax administration and tax, completely unable to access banking information reserved for check and determine tax doubtful situations of contributors. The general rule continues to be the maintenance of banking secrecy, not allowing the tax administration can use the same powers of access to banking information which are granted to supervisory institutions.

In recent years was however approved legislation extending, albeit insufficient, if not paralysing the ability of tax authorities to access bank information: Decree-Law 6/99, de 8 de Janeiro defined policies to require information protected by banking secrecy, constituting the first established the possibility of tax authorities could access certain information under reserve of 3 bank secrecy; Law No. 5/2002, of 11 January, established standards for breach of professional secrecy under the generalized economic crime fighting, allowing access to tax information before evidence of certain crimes; the law No. 30-G/2000 which amended the general tax law, (establishing conditions of derogation of banking secrecy and tax information presentation obligations relevant), and the code of tax proceedings and processes, (establishing conditions for the special exemption process, including in the case of actions brought by the taxpayer); Finally, the law 55-B/2004, of 30 December, State budget for 2005, introduced some additional changes to the already introduced by Law 30-G/2000 on general tax law to predict, so conditioned, the derogation of banking secrecy in other situations.

3. Legislative initiatives and proposals during the X Term 3.1. The part of the Government arose during this legislature a Bill, the proposed law No. 85/X, amending the code of tax proceedings and processes for administrative claim statement ".

This proposal went down to the first Commission for Constitutional Affairs, rights, freedoms and guarantees and to the Fifth Committee, the budget and finance, published in Diário da Assembleia da República, series II the No. 132/X/1, of 29 July 2006.

To be discussed together with the legislative initiative of the Government, checked some time later, in September 2006, two draft laws, one on the Left block, with 315/X-"Determines the derogation of banking secrecy as an instrument for combating fiscal fraud", another of the PSD, to which was assigned the No. 316/X-"Derogation of banking secrecy for the purpose of combating fraud and tax evasion".

The debate of the three legislative initiatives took place on October 6 2006, being all shipped without a vote, to the two ago cited parliamentary committees, having, in the circumstance was drawn up by the Commission of a report only on the Budget Bill for the Government since the two other bills have not given the Commission in good time.

The Bill of the Government intended to amend article 69 of the code of tax proceedings and processes, approved by Decree-Law No. 433/99, of 26 October, and its


4 subsequent amendments, in order to make the lifting of banking secrecy in case of presentation of administrative claim by taxpayers. To this end, the Bill stipulated that, with the introduction of an administrative claim for part of a taxpayer, the same instructor would have right of access to information and bank documents relating to the tax situation the subject of complaint, regardless of the taxpayer's consent and without judicial authorization.

On this issue, the Government took aim at the adoption of a "regime equal to European best practices, in particular in the field of banking secrecy for fiscal purposes". However, on the occasion of the discussion in plenary of the report on the fight against fraud and Tax Evasion, on 1 March 2006, the Government, through the Minister of State and finance retreated significantly, announcing the intention to present at the time, during the first half of that year, a proposal that, "like schemes already adopted in the European Union , would enshrine the lifting of banking secrecy following the presentation of a claim ".

In its own Report of the 2006 State budget, was manifested the intention to propose an amendment to the existing law in the sense that, "like the Belgian scheme, if you could associate challenges in tax acts to the required access to information protected by banking secrecy, in so far as it was essential precisely to the administrative decision". The Government considered that "this would be, too, a way to deter litigation less sustained".

Specifically, the Bill was the addition of three new paragraphs to article 69 of the code of tax proceedings and processes, as follows:. Paragraph 2 was always accorded the right of the organ instructor of the complaint ordering access to information and bank documents relating to the situation covered by the complaint, whenever justified in the light of the facts alleged by the complainant and regardless of your consent;

5. Paragraph 3 I'd provide that, to that end, the Agency would ask instructor to the complainant, by a simple post, for within ten working days to provide the information and bank documents relevant to the examination of the complaint;

. Paragraph 4 I'd predict that, if the requested information was not provided within the time limit indicated, or was considered insufficient, the instructor would give the notification of credit institutions, financial companies and other entities, instructed by the decision of access to information and bank documents, which should provide the requested elements within 10 working days.

As for the draft law of BE, established an addition to article 79 of Decree-Law No. 298/92 of 31 December, with their respective changes. Was inspired by the directive on savings to propose "mechanisms of access to relevant information about deposit transactions and financial applications or similar held in financial institutions, for exclusive use by combating tax evasion and tax fraud". In particular, it proposed:. Add a subparagraph to paragraph two of article 79 of Decree Law 298/82, of 31 December (which establishes the General rules of credit institutions and financial corporations), which would have: "the Ministry governing the tax administration, in the context of your supervisory activity of the compatibility between the movements and operations of financial institutions and the tax returns of taxpayers" to allow the tax administration to hold the same power of access to information already held the Bank Banco de Portugal and the PORTUGUESE SECURITIES MARKET COMMISSION;

. create a new cool device for access to information covered by banking secrecy articulated in the following aspects: – the tax administration passed the access to relevant information about deposits operations and investments of taxpayers, allowing you to check the compatibility between the total of deposits and applications and the total income reported for the purposes of payment of the tax on income of individuals;

6 – spent competing at the Ministry of Finance set the rules of information processing and application of professional secrecy which is required in the treatment of that information.

Finally, the draft law of the PSD was to completely alter the article 63-B of the general tax law approved by Decree-Law No. 398/98, of 17 December, and successive amendments.

Invoking the need of a growing cooperation between the tax administrations of the various countries, in particular within the OECD countries, the PSD claimed to recognize how essential a clear strengthening of the power of derogation of banking secrecy on the part of tax administrations, defending the need to meet best practice already undertaken by other countries, particularly from Spain from Finland, Germany and the USA.

Noting that, in the current legislation, the conditions for the exemption decision of banking secrecy, provided for in article 63-B of the general tax law, are in many situations established so conditional, subject to restrictions or, in certain cases, additional requirements ", to express judicial authorization and prior to the hearing of the person concerned", the PSD States that OECD countries more advanced in this respect already legislated in order to "eliminate most restrictions indicated".

It is in this context that the PSD proposes to keep only one of the existing restrictions regarding information provided to justify recourse to credit. The article 63 (B) of the general tax law would then be replaced by the following: "1-the tax administration has the power to access all the information or bank documents without the consent of the owner of the dependency elements protected, whenever the request to combat tax fraud or evasion. 2-this provision does not encompass-if the provisions of the preceding paragraph the information provided to justify recourse to credit, and which are irrelevant to the fight against fraud and tax evasion. 3 – requests for information referred to in paragraph 1 fall within the competence of the director general of taxes or the director general of customs and Excise, or their legal substitutes, without possibility of delegation.

7 4 – non-compliance with the obligations laid down in this article may not be based on banking secrecy ".


For if the contents and assess significance of changes proposed by the PSD, transcribes below the full text of the article 63-B of the general tax law, the wording of your height "article 63-B access to information and bank documents 1-the tax administration has the power to access all the information or bank documents without the consent of the owner of the dependency elements protected : where there is evidence of the practice) of crime in tax matters; b) where specifically identified facts indicative of the lack of veracity of declared. 2-the tax administration also has the power to go directly to the Bank documents, in situations of refusal of your display or authorization for your query: a) in the case of supporting documents of accounting records of IRS and IRC taxpayers who are subject to organised accounting; (b)) When the taxpayer make use of tax concessions or privileged tax regimes need to control their assumptions and just for this purpose. 3-the tax administration also has the power to access all banking documents, other than the information provided to justify recourse to credit, in situations of refusal to display those documents or authorization for your query:) when the impossibility of verification and direct qualification and accurate of the taxable profit, in accordance with article 88 , and, in General, when are the conditions for the use of an indirect measurement; (b)) when the situation referred to in point (f) article 88) or the income reported for IRS purposes deviates significantly, for less, without sufficient cause, the standards of income that would reasonably allow the manifestations of wealth evidenced by the taxpayer under article 89-A; c) when it is necessary, for tax purposes, the application of public subsidies of any kind. 4-the decisions of the tax administration referred to in the preceding paragraphs must be substantiated with express mention of the specific reasons justifying them and fall within the competence of the director-general of taxes or the director-general of customs and excise duties, or their legal substitutes, without possibility of delegation.

8 5-acts performed under the jurisdiction defined in the preceding paragraph shall depend on the prior hearing of the taxpayer in cases referred to in paragraphs 2 and 3 and are liable to judicial review with merely devolutive effect, except in the situations provided for in paragraph 3, in which the appeal has suspensive effect. 6-in case of granting the appeal provided for in the preceding paragraph, the elements of proof however obtained cannot be used for any purpose in disfavor of the taxpayer. 7-the entities who are in a relationship with the taxpayer shall be subject to the access to bank information systems referred to in paragraphs 1, 2 and 3. 8-the tax administration access to banking information relevant to family members or third parties which are in a special relationship with the taxpayer relies on express judicial authorization, after hearing the person concerned, according to the requirements set out in paragraph 4. 9-the arrangements laid down in the preceding paragraphs shall not affect the law applicable to cases of investigation for criminal offence and can only cover operations and banking movements conducted after your entry into force, without prejudice to current arrangements for the previous situations. 10-for the purposes of this law, any document or record Bank document, regardless of its holder, in that if they secure, showing or register transactions carried out by credit institutions and financial corporations in the framework of its activities, including those relating to transactions using credit cards. "

However, the CFP introduced several amendments and additions to article 63 (B) of the general tax law, primarily focusing on the following aspects:-derogation of banking secrecy, without consent, pending in cases of debts to the Social Security (giving continuity to proposed in the draft Law 66/IX and 376/IX that was introduced in the last Parliament and which had been rejected by most PSD/CDS Despite having relied on the votes of the PS, the BE and the Greens), adding a new subparagraph to paragraph a of the above cited article. The record of the vote of the PSD, for those two projects voted on 9th parliamentary term, shows the profound change of position of this party in this matter, easily verifiable in the text of the draft-law/316 X behind. Similarly, although in the opposite direction, if positioned this time the Socialist Party, having made possible by twice that change, just this time for rejecting all the proposals that the PCP did.

9-remove the numbers five and six and number eight of the same article 63-B with the purpose of derogation of banking secrecy provided for in situations described there leave henceforth to be disabled or could be the subject of judicial appeals with suspensive effect.

The CFP also presented amendments to Decree-Law 62/2005, of 11 March, which transcribed for the national law the "Savings Directive", proposing that also became mandatory information from savings (interest) income of natural persons residing in the national territory.


The remaining parties ended up also due to amendments in the specialty, the Bill from the Government, either to their own draft laws. The BE abandoned the text that created a new device for access to information covered by banking secrecy and, in your replacement, also presented a new articulated to the article 63-B of the general tax law, following closely the proposed in the draft law/316 X by PSD, densificando the numbers 1 and 2 and introducing a new number 4. The PS came to propose an amendment to article 110 of the code of tax proceedings and processes, to also allow for the possibility of access to bank information relevant in situations where there has been judicial review; has added an amendment to article 63a of the general tax law to oblige credit institutions and financial corporations to duty of communication of cross-border transfers for some entities with special tax regimes; and has added a new subparagraph to paragraph a of article 63-B the same LGT to elimination of banking secrecy in situations where there was no delivery of Declaration of income. The PSD has changed substantially to your proposal, abandoning the announced aim of making a thorough change of article 63-B of the general tax law, and passing to propose only amendments to paragraph one of this article as: added two subparagraphs (a), to waive banking secrecy, without reliance on consent, in situations in which has not been made any statement , (going to identify with the change also proposed in that article by the PS), another to waive banking secrecy when such is necessary to combating tax evasion and tax fraud, but maintaining without any other amendment or supplement the current text of the remaining numbers of the said article of the LGT.

The final text of the replacement Bill was only approved with the votes of the Socialist Party, having been raised a precautionary sweep of the constitutionality of the 10 new diploma by the President of the Republic. The Constitutional Court eventually give reason to doubt raised by the Presidency of the Republic – questions that had been raised on several occasions during the different stages of the debate, especially because of the solutions adopted by the Government and by most PS determine the lifting of banking secrecy only for those who complained or impugnasse liquidation decisions of the tax administration.

Returned the document to Parliament, the Socialist Party never took any initiative to amend or expunge the uncostitutional dispositions contained pointed out.

3.2. Under the State budget for 2009, the Government, in conjunction with the PS, introduced an amendment, announced as an element to combat tax evasion. No resume any of the amendments of the law considered unconstitutional by the Constitutional Court, not even the amendment to article 63 of the general tax law aimed at financial institutions information on cross-border transfers "with recipients entities based in" tax havens ", the Government shall then the changes of form and wording of the numbers one and two of article 63 to the LGT. In the latter cases, the approved amendment restricts the scope because the info on the "value of payment with credit cards", here referred to, cover only taxpayers with income in category B of certain sectors of activity, instead of being able to cover taxpayers with income in category B, regardless of the sector of activity.

3.3. The budget rectification approved in July 2005, following the inauguration of the present Government, the CFP, and also BE presented amendments aimed at extending also to residents in Portugal the obligation of banks and financial institutions inform the tax administration on the income from savings deposited. The CFP changed articles 1 and 15 of Decree-Law No. 62/2005, of 11 March, which had insufficient and unsatisfactory form transpose Council Directive 2003/48/EC, known as the "Savings Directive".

3.4. The same was happening in successive budgetary processes, in the years 2006, 2007, 2008 and 2009.

11 During the debate for the approval of the State budget for the year 2006, the CFP, in addition to resuming the proposals put forward in the seat of the amending budget for 2002, referred to in the previous point, insist on amendment of articles 63A and 63-B of the general tax law, proposing the Elimination of the information protected by banking secrecy provided for in those articles , further to what before had been legislated by law 30-G/2000, of 29 December, and had been the subject of several legislative initiatives of the CFP during the ninth Legislature. For your time, BE in budget debates concerning State budgets for 2006 and for 2007, presented exclusively proposed to make the registration and characterization of financial transfers in excess of EUR 10000, your mandatory reporting to the Ministry of finance and the Bank of Portugal.

For the 2008 State budget, the CFP has submitted a proposal for amendment of rule 63-B of LGT, which corresponded to the amendments in the debate of the Bill that the Government had in 2006/2007 (point 3.1.) and that turned out to be considered unconstitutional. With concrete solutions, the PCP was intended to avoid the appeals with suspensive effect on Elimination of banking secrecy. However, in this budget debate, the CFP has presented for the first time another proposal to change article 63 C of the same general tax law, which would allow also, under the same conditions and circumstances provided for in article 63-B, access to bank information for tax purposes, of the accounts exclusively assigned to entrepreneurial activity. The BE, however, reproduced the proposals from the two previous years (relative to financial transfers), and the full text of the amendment to article 63-B of LGT and article 79 of Decree-Law 298/92 of 31 December, I've ever had in the debate of the frustrated Government Bill, above-mentioned.


For the 2009 State budget and the recent amending budget, approved in January 2009, wants the PCP, whether they BE present the same solutions and proposals referred to above, which were presented in the debate on the State budget of 2008. Who appears for the first time with proposals in this regard is the PSD that, for the 2009 State budget, presented a proposal for amendment of article 63-B of the LGT, adding two points (a) to your number one, and allow access to banking information when it has not been made any statement or when it becomes essential to combating tax evasion and tax fraud. Resumed so fully the amendments proposed by the PSD in the debate in the specialty of the Government Bill that the Constitutional Court would consider unconstitutional.

12 4. The need for a derogation of secrecy a fortnight ago, Parliament discussed and approved the draft Act 712/X, BE that "determines the derogation of banking secrecy as an instrument for combating tax fraud". The amendments proposed in this initiative reproduce without any change to the contents of the proposals made by this party to the budget of 2008, 2009 and the recent amending budget, modification of article 63-B of the general tax law and of an addition to the article 79 of Decree-Law 298/92 of 31 December.

However, the Government presented a legislative initiative announced to combat the "illicit enrichment" through an increase of rates applicable. Nevertheless they don't meet the exact contours of this initiative, since it did not, so far, in the Assembly of the Republic, seems to be an unwise choice since not criminalizing the illicit enrichment, passing just fine it heavier. A crime of this nature can never be supported (legalized) by paying a higher rate. A crime of that nature undermines the foundations of the democratic regime, has to be fought as it is, as a crime.

In this context, the CFP has submitted a legislative initiative to criminalize and criminalise the illicit enrichment that was discussed and rejected by the PS, in conjunction with another on the same theme by PSD, during the last potestativo scheduling of this party.

As the derogation of banking secrecy, essential tool to combat tax evasion and tax fraud, to detect and combat money laundering of capital crimes of trafficking and support terrorism, understand the CFP that it is time to allow the Elimination of banking secrecy can be used, if there are justified doubts of the tax administration, for all taxpayers , individual or collective, in equal circumstances.

It is not acceptable that who is a candidate for Social insertion Income beneficiary or to supplement for the elderly have must accept the derogation of banking secrecy and allow the indiscriminate access to their bank accounts (if such taxpayers have incomes which may allow the arrest and maintenance of any bank account), and, on the other hand who, for example, receives tax benefits or support 13 Community funds continue to benefit from a situation of conditioning, which in practice results in preventing, access to banking information even when there are reasonable doubts about their tax administration tax situation. Having been confronted with the impossibility to present formally and do discuss their proposals during the debate that potestativo BE scheduled, the PCP believes that it is still time to do it.

So PCP presents in this Bill several amendments to articles 63, 63A, 63 and 63-C of LGT, which allow you to embrace in derogation of banking secrecy taxpayers in IRS and IRC, like I always have.

We propose the revocation of banking secrecy through delegável and not properly reasoned initiative of the director-general of taxes or the director-general of customs and excise duties. The proposed amendments will allow, in some cases, in those circumstances, access to banking information of taxpayers without consent, pending in other cases, access to banking information of taxpayers or persons and families with special relationship with the taxpayer, always after prior hearing mandatory and also framed by abovementioned reasoning.

We propose, however, go further, and also other legislative changes to put back some ideas that have been presented throughout this parliamentary term, be those concerning the obligation to report to the tax authority for transfers of capital to tax havens, of compulsory information for tax purposes interest obtained by savings of residents in national territory.

Thus, the Members of the parliamentary group of the PCP, the undersigned, have, under the provisions of regulations and applicable constitutional, the following draft law: article 1 amendment to general tax law articles 63, 63A, 63-63-(C) of the general tax law, briefly designated by LGT, approved by Decree-Law No. 398/98, of 17 December, shall be replaced by the following : 14 "article 63 Inspection 1. […].
2. Access to information protected by professional secrecy or any other duty of confidentiality legally regulated depends on judicial authorization, in accordance with applicable law.
3. Without prejudice to the previous paragraph, the access to information protected by banking secrecy is made under the conditions laid down in articles 63A, 63-B and 63-c. 4. [Previous paragraph 3].
5. Lack of cooperation in carrying out the arrangements provided for in paragraph 1 is only legitimate when they involve: a) the access to housing of the taxpayer;
b) the query of elements covered by the obligation of professional secrecy or other duty of confidentiality legally regulated other than banking secrecy in accordance with paragraph 3;
(c)) access to facts of the private life of citizens;
d) the personality rights and other rights, freedoms and guarantees of citizens, on the terms and limits laid down in the Constitution and in the law.
6. [previous No. 5].
7. The notification of credit institutions, financial companies and other entities, for the purpose of permitting access to elements covered by the secrecy that are linked, in cases where there is a legal possibility for the tax authorities require your derogation, must be instructed with the following elements:

a) in the case of direct access without requiring the consent of the owner of the protected elements, copy of the reasoned decision of the director-general of taxes or the director-general of customs and Excise, pursuant to paragraph 4 of article 63;
b) in the case of direct access with prior hearing mandatory taxpayer or family members or third parties which are in a special relationship with the taxpayer referred to in paragraphs 5 and 8 of article. 63-B, copy of the reasoned decision of the director-general of taxes or the director-general of customs and excise duties and copy of notification addressed to the effect of ensuring that hearing.
8. [previous paragraph 7].
Article 63-the information relating to financial transactions 1. […].

15 2. Credit institutions and financial corporations are obliged to communicate to the Directorate-General of taxes by the end of July each year, through official template declaration, approved by order of the Minister of finance, the financial transfers that have addressed entity located in a country, territory or region with privileged more favourable taxation regime that are not related to income payments subject to some communication schemes for tax purposes already provided for in law or operations carried out by legal persons governed by public law.
3. [previous No. 2].
4. [previous paragraph 3].
Article 63-B access to information and bank documents 1-[...]:) [...];
b) […];
c) […];
d) When the proven existence of debts to the Social Security;
and) as show essential to combating tax fraud and evasion;
f) When it has not been made any statement.
2- […]:
a) […];
b) […];
3- […]:
a) […];
b) […];
c) […].
4- […].
5-acts performed under the jurisdiction defined in the preceding paragraph require the prior hearing of the taxpayer in cases referred to in paragraphs 2 and 3 but do not depend on the consent of the owner of the protected elements.
6-[Repealed].

16 7-[...].
8-the tax administration access to banking information relevant to family members or third parties which are in a special relationship with the taxpayer meets the requirements set out in paragraph 4 and is also implemented in accordance with paragraph 5.
9- […].
10-[...].
11-the tax administration provides the Ministry of information of statistical nature conservancy annual on the processes on which the lifting of banking secrecy, which is forwarded to Parliament with the presentation of the proposed State budget.
Article 63-C bank accounts exclusively assigned to entrepreneurial activity 1-[...].
2- […].
3-[...] 4-the tax administration has the power to access all banking information or documents relating to the account or accounts referred to in paragraph 1 without reliance on the consent of the respective owners.
5-the option provided for in the previous paragraph is established on the same terms and conditions of article 63-B. "
Article 2 amendment to Decree-Law No. 62/2005, March 11 article 1 of Decree-Law No. 62/2005, of 11 March, transposing to the internal legal order the Directive 2003/48/EC of 3 June, on taxation of savings income in the form of interest payments, is replaced by the following : "Article 1 subject-matter this decree-law transposing into national law Directive 2003/No. 48/EC of 3 June, on taxation of savings income in the form of interest payments, establishing the regime of collection and provision of information by paying agents in relation to savings income in the form of interest payments to beneficial owners resident in the national territory individuals or in another Member State of the European Union."


17 article 3 addition to Decree-Law No. 62/2005 of 11 March article 16 is added to Decree-Law No. 62/2005, of 11 March, transposing to the internal legal order the Directive 2003/48/EC of 3 June, on taxation of savings income in the form of interest payments, as follows : "article 16 Transitional standard the Government shall adapt the standards required of this law in the 60 days following your publication to your application to residents in national territory."
Article 4 entry into force this law shall enter into force on the day following your publication.

Assembly of the Republic, 30 April 2009 Meps, NOVO; BERNARDINO SOARES; JERÓNIMO DE SOUSA; ANTÓNIO FILIPE;
AGOSTINHO LOPES; JOÃO OLIVEIRA; JOSE SOEIRO; JORGE MACHADO; MICHAEL JAMES; FRANCISCO LOPES; BRUNO DIAS