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Are our cross-border employee stock options taxed twice?
Your employee stock options vested across Spain and Portugal1 face dual taxation risk under each country's domestic rules. Your internal equity policy does not currently address the work-days apportionment formula required by the Treaty to Avoid Dual Taxation 2 which aligns with the concern raised in the October tax review call 3.
1 Internal Equity Compensation Policy – Stock Options
InternalTax Department · 2026
2 Convention to avoid double taxation (PT/ES)
LawResolução n.º 6/95 · DRE · BOE-A-1995-24001
3 Tax Review Call
AudioTranscript · October 2025 · 11:47 min
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Analyse all uploaded stock option plans and flag required tax changes for 2026.
Found 6 plans · 3 flagged for tax update.
Pursuant to the Internal Equity Compensation Policy, cross-border stock options granted to employees resident in Spain may be subject to dual taxation1. The PT–ES Convention (Resolução n.º 6/95) provides relief mechanisms applicable to vesting income and should be invoked at the competent authority level2. As discussed in the October 2025 Tax Review Call, a formal relief request is recommended before the Q1 filing deadline3.
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Today, given its quality and consistency, Affine has become an essential tool for VdA's teams, making them much more efficient in researching legislation and case law.
Paula Gomes Freire
Managing Partner, VdA
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