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Madeira · Getting the money out

A 5% company is worth nothing if the dividend is taxed at 35%

9 min readSeptember 2026Treaty rates verified

Almost every discussion of Madeira stops at the corporate rate. But a company that pays 5% and then withholds 25% on the way out has given its owner a worse result than an ordinary mainland company whose shareholder gets an exemption. The rate that matters is the one measured from profit to pocket, and it depends almost entirely on where the owner sits.

From company profit to money in your handCorporate tax, then withholding
Profit available to distribute
The Madeira company
Licensed in the MIBC, 5%Ordinary Madeira company, 13.3%
Who receives the dividend
An individualA company
Where that shareholder is resident
Size of the holding, and how long held
Under 10%10% to 25%25% or more
Held for at least one year
YesNo, or not yet
Reaches the shareholder, per €100 of profit
—
 
Corporate tax
—
Withheld on the way out
—
Received
—
Which relief applies, and why
—

Four routes to zero, in order of preference

Portuguese law offers several ways out and they are not alternatives you choose between — they apply in a fixed order, and the first one that fits is the one you get.

The MIBC exemptionDividends paid by a licensed International Business Centre company to non-resident shareholders are exempt from withholding, individual and corporate alike, provided the shareholder is not resident in a listed jurisdiction. No holding threshold, no minimum period, no subject-to-tax test.
0%
The Article 14 exemptionThe rule most people believe is EU-only. It also covers a corporate shareholder resident in a state with a Portuguese treaty providing for exchange of information, holding at least 10% for a year, and taxed at not less than 60% of the Portuguese rate.
0%
The treaty rateBetween 5% and 15% depending on the treaty and the size of the holding. Available to individuals as well as companies, but only against paperwork filed before the payment.
5–15%
The domestic rate25% to a non-resident company, 28% to a non-resident individual. What you pay when nothing above has been arranged in advance.
25–28%
And the one nobody wants35% where the recipient is resident in a jurisdiction on Portugal’s list. This is not a default — it is a deterrent, and it is applied by reference to the list in force on the date of the distribution.
35%

The 60% test, which decides more cases than anything else

The Article 14 route asks whether the shareholder’s own country taxes companies at a rate of at least 60% of Portugal’s. Portugal’s standard rate is 19% in 2026, so the threshold is 11.4%. Above it, a corporate shareholder holding 10% for a year takes the dividend at zero. Below it, the same shareholder is back to a treaty rate.

This is where the popular structures fail, and they fail quietly.

Against the 2026 threshold60% of 19% = 11.4%
United Arab Emirates
9%
Fails
Qatar
10%
Fails
Macau
12%
Passes
Kuwait, Georgia
15%
Passes
Hong Kong
16.5%
Passes
Singapore
17%
Passes
United States
21%
Passes

A Dubai holding company over a Madeira operating company is one of the most commonly proposed structures in this market, and on dividends it is one of the weakest: the 9% rate that makes the UAE attractive is precisely what disqualifies it from the Portuguese exemption. It falls back to the treaty, which gives 5% at a 10% holding — workable, but not the zero that was pitched.

There is a twist worth knowing. As Portugal’s rate falls towards 17%, the threshold falls with it, to around 10.2%. Qatar at 10% stays just outside. The UAE at 9% stays outside. But the margin narrows, and a structure that fails today may pass on a later rate without anyone doing anything — which is a reason to re-test rather than to assume.

The form that has to exist before the money moves

Treaty relief in Portugal is not automatic and it is not retrospective in practice. The payer must hold Form 21-RFI, certified by the shareholder’s own tax authority, or an equivalent certificate of residence, before the dividend is paid. Hold it, and you withhold at the treaty rate. Do not hold it, and you withhold at 25% or 28% and the shareholder applies for a refund afterwards.

That refund is a real procedure with a real time limit, and it is also a real wait. Companies routinely lose the use of a quarter of a distribution for a year or more because a certificate that takes three weeks to obtain was requested three days too late. Time the paperwork to the dividend resolution, not to the payment.

Zero in Portugal is not zero

Every route above concerns Portuguese withholding only. The dividend is generally taxable again where the shareholder lives, and a country that gives no relief for foreign tax will tax the gross amount regardless of what Portugal did or did not take. The total burden — Madeira corporate tax, Portuguese withholding, home-country tax on receipt — is the only number worth optimising.

The corollary is uncomfortable and worth stating: for a shareholder resident somewhere that taxes worldwide dividends at a high rate and grants a full credit, reducing Portuguese withholding to zero may change nothing at all. It simply moves the same tax from Lisbon to home. Structures are sold on the Portuguese half of that sentence and clients discover the other half in April.

Dividends are not the only door

Money leaves a company by several routes and they are taxed differently. A salary to a working director is deductible against the 5% or 13.3%, but carries social security and personal income tax in Portugal. Interest on a shareholder loan is withheld at 25%, or 35% to a listed jurisdiction, and runs into thin capitalisation limits. Royalties and management fees have to survive transfer pricing, which means they have to be real, priced at arm’s length and documented before anyone asks.

None of these is a way round the dividend rules. They are simply different transactions with different consequences, and the right mix depends on whether the owner works in the business, lives in Portugal, and needs the money now or later.

What this panel is and is not. Treaty rates are taken from the schedule in force at September 2026 and the reduced rate shown assumes the holding condition in that specific treaty is met — several require 25%, some 10%, a few require a holding period as well. Foreign corporate rates are headline national rates used to illustrate the 60% test; the test applies the legal rate applicable to the shareholder, which may differ. The list of non-cooperative jurisdictions changes by ministerial order and is tested at each distribution. This is a map of the routes, not advice on your structure.
Before the first distribution

Have the route confirmed in writing, not assumed

We check which exemption your structure actually reaches, get the 21-RFI certified in time, and tell you what the dividend will cost once your own country has had its share. If the answer is that the structure needs changing before the first distribution rather than after it, that is much cheaper to hear now.

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