Form descriptions – Relief at source – Portuguese equities – CBF
Information is provided here about the forms and their use in relation to the procedure for relief at source of withholding tax on income from Portuguese equities, as follows:
One-Time Certificate for Portuguese Equities
One-time declaration providing information regarding the client of Clearstream Banking, stating that he holds Portuguese equities on behalf of one or more beneficial owners that are entitled to apply for relief.
If box 1 or box 2 is ticked-off the OTC is considered as a standing instruction.
If box 3 is ticked-off the OTC is not considered as a standing instruction and client commit to provide a per payment Beneficial Owners Disclosure and Breakdown of holdings.
The One-Time Certificate, duly completed and signed, is valid until revoked. Changes to any of its details must be communicated to Clearstream Banking without delay in a new certificate.
How many are provided? | One per Clearstream Banking account. |
Who completes it? | Client. |
How often is it provided? | Once. Valid until revoked. |
When is it provided? | At the latest, three (3) business days before the first dividend payment date to which it applies, by 10:00 CET. |
Copy or original? | Original required. |
Beneficial Owners Disclosure
The disclosure of beneficial owners must be sent via SWIFT (formatted MT565 message) or Xact Web Portal message, duly completed in the relevant format, provided and valid for one dividend payment date and only related to securities that clients may hold in the account.
How many are provided? | One per Clearstream Banking account. |
Who completes it? | Client. |
How often is it provided? | Per dividend payment |
When is it provided? | At the latest, three (3) business days before the dividend payment date to which it applies, by 10:00 CET. |
Copy or original? | Original. |
A breakdown of holdings
Must be sent via Swift (formatted MT565 message) or Xact Web Portal message, indicating:
• The total position for each reduced tax rate;
• the applicable tax rate
How many are provided? | One per Clearstream Banking account. |
Who completes it? | Client. |
How often is it provided? | Per dividend. |
When is it provided? | At the latest, three (3) business days before the dividend payment date to which it applies, by 10:00 CET. |
Copy or original? | Original. |
Form Mod. 21-RFI
The Mod. 21-RFI contains the beneficial owner's information and the dividend payment details. It must be stamped (legal entities or legal representative) and signed by the beneficial owner. It must be accompanied by a separate COR. Box III of the form contains a tick box to mark the attachment of the COR. This is mandatory.
A Spanish version is available to the residents of Spain. For further completion guideline, refer to Completing Mod. 21-RFI.
The Mod. 21-RFI is valid for one (1) year date-to-date, unless otherwise specified on the accompanying COR.
Exception: Valid until revoked for central banks and government agencies domiciled in a country that has a DTT in force with Portugal.
Important: Clearstream Banking only requires page 1 (Copy for the entity obliged to withhold tax) and 4 of Mod. 21-RFI. It must be printed double-sided with page 4 on the reverse side of page 1.
How many are provided? | One per beneficial owner. |
Who completes it? | Beneficial owner or its legal representative under POA. |
How often is it provided? | Annually except for central banks and government agencies (once until revoked). |
When is it provided? | At the latest, three (3) business days before the the first dividend payment date to which it applies, by 10:00 CET. |
Copy or original? | Original. |
Certificate of residence (COR)
A COR signed and stamped by the beneficial owner’s local tax authorities is required as a certification of the Mod. 21-RFI.
To be valid, the COR must fulfil two conditions:
- confirm the residency of the beneficial owner for tax purposes and cover the period when the withholding tax took place; and
- confirm that the beneficial owner is subject to tax in its country of residence.
If used for the certification of Luxembourg SICAV, the COR must state that the entity is considered as a SICAV for the year of the income
No specific guidelines were issued by the Portuguese Tax Authorities concerning the wording that should be included on the COR. Based on advice received from BNP Paribas Securities Services, a COR should be acceptable if and when it includes either the express reference “liable to income tax” (rather than subject to tax) or a reference to the article 4 of the tax treaty.
How many are provided? | One per Mod. 21-RFI. |
Who completes it? | Beneficial owner’s local tax authorities. |
How often is it provided? | Per Mod. 21-RFI completed. |
When is it provided? | Together with the Mod. 21-RFI. |
Copy or original? | Original. |
Power of Attorney
If the client or a third party is completing the Mod. 21-RFI on behalf of the beneficial owner, a Power of Attorney must be provided to Clearstream Banking.
How many are provided? | One per Mod. 21-RFI. |
Who completes it? | Beneficial owner. |
How often is it provided? | Per Mod. 21-RFI completed. |
When is it provided? | Together with the Mod. 21-RFI. |
Copy or original? | Copy accepted. Clients must ensure that the original or a certified copy can be provided immediately upon request of the Portuguese tax authorities. |
Statement for Funds
This statement is a declaration certifying that the respective trust/fund is liable to tax in its country of residence and is not transparent. It must show a validity period and has to be certified by the BO’s local tax authorities.
How many are provided? | One per beneficial owner. |
Who completes it? | The beneficial owner and its local tax authorities. |
How often is it provided? | Annually. |
When is it provided? | At the latest, three (3) business days before the first dividend payment date to which it applies, by 10:00 CET. |
Copy or original? | Original. |
Statement for Swiss Pension Funds
This statement is a declaration certifying that the respective fund is 1) a pension fund in which individuals participate to secure old-age, disability and survivors' insurance and 2) is established, recognized for tax purposes and controlled under the laws of Switzerland, is liable to tax in its country of residence and is not transparent for tax purposes.
How many are provided? | One per beneficial owner. |
Who completes it? | The beneficial owner's local tax authorities. |
How often is it provided? | Annually. |
When is it provided? | At the latest, three (3) business days before the first dividend payment date to which it applies, by 10:00 CET. |
Copy or original? | Original. |
Declaration for EU/EEA pension funds
The declaration aims at confirming that the following conditions are met:
- The pension fund grants exclusively the payment of retirement benefits (including pre-retirement or anticipated retirement), post-employment health benefits and, when provided on an ancillary basis, payment on death.
- The pension fund is managed by institutions performing Pension Plan Schemes under Directive 2003/41/EC of the European Parliament and the Council of 3 June 2003.
- The pension fund is the final beneficiary of the income.
It has to be completed and signed by the respective supervisory authority and is valid for a period of one (1) year counting from the respective date of issuance and must be received by Clearstream Banking in original.
No official template exists.
How many are provided? | One per beneficial owner. |
Who completes it? | The beneficial owner’s supervisory authority. |
How often is it provided? | Annually. |
When is it provided? | At the latest, three (3) business days before the first dividend payment date to which it applies, by 10:00 CET. |
Copy or original? | Original. |
Self Declaration of holding period
Declaration duly completed and signed by the pension fund being the final beneficial owner, confirming since when the pension fund has been holding the Portuguese equities uninterruptedly.
No official template exists.
How many are provided? | One per beneficial owner. |
Who completes it? | The beneficial owner. |
How often is it provided? | Per dividend payment. |
When is it provided? | At the latest, three (3) business days before the first dividend payment date to which it applies, by 10:00 CET. |
Copy or original? | Original. |
Self-Declaration for Tax Exemption/Reduced Rates on Portuguese Bonds and Equities Beneficial Owner Not Resident in Portugal
One-Time declaration certifying that the non-resident entity is the effective beneficial owner of the dividend and is entitled to exemption or reduced tax rates (25% or 28%).
How many are provided? | One per exempt entity. |
Who completes it? | Beneficial owner. |
How often is it provided? | Per dividend payment. |
When is it provided? | At the latest, three (3) business days before the first dividend payment date to which it applies, by 10:00 CET. |
Copy or original? | Original. |
Self-Declaration for Tax Exemption/Reduced Rates on Portuguese Bonds and Equities Beneficial Owner Resident in Portugal
One-Time declaration certifying that the resident entity is the effective beneficial owner of the dividend and is entitled to exemption or reduced tax rates (25% or 28%).
How many are provided? | One per exempt entity |
Who completes it? | Beneficial owner. |
How often is it provided? | Per dividend payment. |
When is it provided? | At the latest, three (3) business days before the first dividend payment date to which it applies, by 10:00 CET |
Copy or original? | Original. |