28Under those provisions, a Portuguese company which transfers its registered office and its effective management outside Portuguese territory is taxed on unrealised capital gains. By contrast, that is not so where that company maintains its seat in Portuguese territory, as it is taxed only on realised capital gains. Furthermore, those provisions also impose taxation of unrealised capital gains in the case of partial or total transfer to another Member State of the assets of a permanent establishment in Portuguese territory of a company not resident in Portugal, whereas a transfer of assets in Portuguese territory does not result in such taxation. That difference in treatment is liable to deter a company from transferring its activities from Portuguese territory to another Member State (see, to this effect, Case C-380/11 DI. VI. Finanziaria di Diego della Valle & C. [2012] ECR, paragraph 36).
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