Buying Portuguese property? Six tax implications to be aware of

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13.01.22
Buying Portuguese Property

What should you consider before buying a Portuguese property to limit exposure to capital gains, wealth and inheritance taxes?

Is 2022 the year you’ll take action to achieve your dream of moving to Portugal?  There are so many benefits to living there, it’s worth the extra effort involved in applying for residence as a non-EU national.

As always, though, it’s important to research your options thoroughly first, and understand the implications of property ownership and being resident in Portugal, including all the tax considerations.  Even if you’re only looking for a holiday home, you still need to be aware of various tax implications that could affect you.

1. Spending time at your Portuguese property could make you tax resident

If you are only planning to use your Portuguese property as a holiday home, take care to understand the residence rules.

While you are usually considered tax resident after spending 183 days in Portugal within a year, it can be earlier if you have a permanent home there – potentially even the day you arrive.

Triggering residency makes you liable for Portuguese taxes on worldwide income and some capital gains. However, with Portugal’s non-habitual residence (NHR) regime offering a decade of tax benefits to new residents, it is worth exploring whether a permanent move can actually prove more cost-effective for your family.

2. Portugal charges a transfer tax as well as stamp duty

On buying a Portuguese property, you are charged a transfer tax Imposto Municipal sobre Transmissôes Onerosas de Imóveis (IMT) of up to 8% plus 0.8% stamp duty (Imposto de Selo).

You are then subject to the Portuguese equivalent of UK council tax – Imposto Municipal sobre Imóveis (IMI) – of between 0.3% to 0.8% annually depending on the type, location and age of the property (10% where ownership is deemed to be based in a ‘tax haven’ jurisdiction).

3. Portugal charges an annual ‘wealth tax’ on property

If your stake in Portuguese property is worth over €600,000, you would attract Adicional Imposto Municipal Sobre Imóveis (AIMI) of between 0.4% and 1.5% each year, depending on value and how the property is held.

However, a €600,000 relief per person means couples with joint ownership only face AIMI on properties exceeding €1.2 million, and then only on the value above this.

Download our guide to taxes in Portugal

4. You could face capital gains tax in both Portugal and the UK

When you come to sell a Portuguese home, you could be liable for capital gains tax in Portugal and potentially also the UK, depending on where you are resident.

For Portuguese residents, your worldwide gains are added to other annual income and taxed at the scale rates, currently between 14.5% and 48%. Only 50% of the gain is taxable, however, and inflation relief applies after two years’ ownership.

You will be exempt if you use the proceeds from selling a main home to buy another home, but only if it is in Portugal or the EU/European Economic Area (EEA).

Another exemption applies if you are retired or aged over 65 and reinvest gains into an eligible insurance contract or pension fund within six months of sale.

For non-Portuguese residents, 28% is payable on Portuguese capital gains.  EU/EEA residents can currently choose to pay the scale income tax rates instead if that proves more beneficial.

Some gains from Portuguese assets are also taxable in the UK for UK residents. While a credit is available where tax is paid twice, you will pay whichever amount is larger.

5. Corporate-owned property may no longer be tax-efficient

If you are considering buying a Portuguese property through an offshore corporate structure, such as a company or trust, carefully weigh the pros and cons to determine if this is the most suitable approach for you – it no longer provides the tax advantages it used to.

Since 2018, where a non-resident company’s value consists of 50% or more in Portuguese real estate, the gain on the transfer of shares may be subject to 25% Portuguese corporation tax (35% if from a ‘tax haven’).

Furthermore, companies trading in properties do not qualify for the wealth tax allowance, which means many ‘enveloped’ properties are liable for 0.4% on the property’s entire value each year.

6. Consider inheritance taxes when buying Portuguese property

Finally, you should think about what tax your beneficiaries will have to pay if they inherit the property on your death or you gift it during your lifetime. Passing on Portuguese property to any recipients other than your spouse, children or parents will incur a flat 10% Portuguese stamp duty, wherever they live.

If you remain UK-domiciled – as many expatriates do – your Portuguese property and worldwide estate would also be within firing range for 40% UK inheritance tax.

With careful planning, it is possible to significantly reduce your tax liability, not just on your Portuguese home, but on your worldwide assets, investments and pensions, for you and your heirs.

Cross-border tax planning is complex and difficult to get right, so take personalised, professional advice to secure the financial peace of mind to fully enjoy your new home in Portugal.

Before buying Portuguese property, consult the experts

Blevins Franks has decades of experience supporting UK nationals moving to and living in Portugal with specialist tax planning, as well as pensions, estate planning and investment management services. Our locally-based advisers have the cross-border expertise to make sure your financial affairs are in order so you can relax and enjoy your new home away from home in Portugal.

Contact us today.

Tax rates, scope and reliefs may change. Any statements concerning taxation are based upon our understanding of current taxation laws and practices which are subject to change. Tax information has been summarised; individuals should seek personalised advice.

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