44 | II Série A - Número: 107S1 | 30 de Junho de 2010

Article 3.º Taxes Covered

1. This Agreement shall apply to the following taxes:

a) In respect of Portugal:

i. Personal income tax (Imposto sobre o Rendimento das Pessoas Singulares - IRS); ii. Corporate income tax (Imposto sobre o Rendimento das Pessoas Colectivas – IRC); iii. Local surtax on corporate income tax (Derrama); iv. Stamp duty on gratuitous transfers (Imposto do Selo sobre as transmissões gratuitas).

b) In respect of Gibraltar:

i. Gibraltar income taxes

2. This Agreement shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of the Agreement in addition to or in place of the existing taxes if the Parties so agree. The competent authorities of the Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement.

Article 4.º Definitions

1. For the purposes of this Agreement, unless otherwise defined:

a) ―Portugal‖ means [the territory of the Portuguese Republic situated in the European continent, the archipelagos of Azores and Madeira, the territorial sea and inland waters thereof as well as the continental shelf and any other area wherein the Portuguese State exercises sovereign rights or jurisdiction in accordance with the rules of international law and the laws of the Portuguese Republic]; b) ―Gibraltar‖ means the territory of Gibraltar; c) ―Competent authority‖ means:

(i) In respect of Portugal, the Minister of Finance, the Director General of Taxation (Director-Geral dos Impostos) or their authorized representative; (ii) In respect of Gibraltar, the Chief Secretary or such other person as the Minister of Finance may appoint, d) ―Person‖ includes an individual, a company and any other body of persons, e) ―Company‖ means any body corporate or any entity that is treated as a body corporate for tax purposes, f) ―Publicly-traded company‖ means any company whose principal class of shares is listed on a recognised stock exchange provided its listed shares can be readily purchased or sold by the public. Shares can be purchased or sold ―by the public‖ if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors, g) ―Principal class of shares‖ means the class or classes of shares representing a majority of the voting power and value of the company, h) ―Recognised stock exchange‖ means any stock exchange agreed upon by the competent authorities of the Parties, i) ―Collective investment fund or scheme‖ means any pooled investment vehicle, irrespective of legal form.
The term ―public collective investment fund or scheme‖ means any collective investment fund or scheme provided the units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed