Portugal: Amended double taxation treaty form MOD. 22-RFI
Note: This Announcement, originally published on 23 July 2021, has been updated to reflect the confirmation of the process received from BNP Paribas Securities Services. The changes have been highlighted.
Clearstream Banking1 informs customers that following the publication of Notice No. 6403/2021 on 30 June 2021, a new version of the double taxation treaty (DTT) form MOD.22-RFI was approved.
the amended MOD. 22-RFI must be used for the purpose of reclaiming Portuguese tax according to the DTT conventions.
The new version of MOD.22-RFI reintroduces in Box IX the possibility to indicate the IBAN of the account of the beneficial owner and the BIC of the financial intermediary holding the bank account of the beneficial owner. However, this field is not mandatory.
According to the Notice, the change is justified with the need to simplify the reimbursement process.
This possibility was already foreseen in the MOD. 22-RFI but was removed in the version published on 31 August 2020.
Impact on customers
Standard refund applications through Clearstream Banking are possible only for tax on dividends paid before 14 December 2020 and for which BNP Paribas Securities Services (BNP) was the withholding tax agent. BNP is still analysing the impacts of this change on their procedure of standard refund. BNP is not in the position yet to confirm if they will accept the MOD.22 – RFI if the IBAN and BIC are indicated.
After analysis, BNP confirmed that they will accept the MOD.22-RFI whether the fields IBAN and BIC are completed or not as these fields are not mandatory. If the IBAN is not completed, the refund will be paid by cheque.
We will communicate any new developments as they become available.
For further information, please contact the Clearstream Banking Tax Help Desk, Clearstream Banking Client Services or your Relationship Officer.
1. Clearstream Banking refers collectively to Clearstream Banking S.A., registered office at 42, avenue John F. Kennedy, L-1855 Luxembourg, and registered with the Luxembourg Trade and Companies Register under number B-9248, and Clearstream Banking AG (for Clearstream Banking AG customers using Creation Accounts), registered office at 61, Mergenthalerallee, 65760 Eschborn, Germany and registered in Register B of the Amtsgericht Frankfurt am Main, Germany under number HRB 7500.