Taxes

If you purchase property in Portugal and you are not a resident in Portugal, you are liable to pay some taxes.

Portugal Property Tax

If you purchase property in Portugal and you are not a resident in Portugal, you are liable to pay some taxes. By definition you are considered to be not living in Portugal if you do not spend 183 days per year (Tax Calendar Year) or more living in Portugal or if your primary address is not there.

INDIVIDUAL TAXATION As a Non-Portuguese resident, you are liable to tax on your Portuguese sourced income and a married couple are taxed jointly. When you purchase a property in Portugal you be subject to the taxes described below:


Rental Tax

If you decide after you have purchased your property that you wish to rent it out, then you will be taxed on that rental income. Net rental income is taxed at a flat rate of 15%, which is withheld at the source.

The Taxable income, can be calculated as the gross rent minus any maintenance costs, related expenses for example insurance premiums and the municipal tax, and also any repair costs that may have arisen. You cannot deduct your interest costs which may have incurred when you bought the property.
 


Property Tax (Immovable Property Tax, IMI)

As an owner of Property in Portugal you will have to pay property tax (Immovable Property Tax, IMI).

Each individual municipal has its own rate, and is decided by the municipal assembly. The person/Corporation that owns the property on the last day of the respective tax year is liable to pay the IMI Tax.

  • The Tax rates range from 0.2% to 0.8%.
  • Property in rural areas are be taxed at 0.8%, whereas property in more urban areas will fall in the stated range.
  • Property that has been re-valued since 2004 will fall between 0.2 and 0.5%, and property valued before 2004 will be between 0.4 to 0.8%.
  • Property owned through a Corporation domiciled in “Black” listed jurisdictions (Tax havens – E.G British Virgin Island, Isle of Man, Gibraltar) will pay a straight 1% Tax of the rateable value.
  • Some property cases will be exempt from the Property Tax (IMI) Property which is to be used as a permanent home or to be rented out will be exempt from Property Tax (IMI) for a period of between 3 and 6 years, and will depend upon the patrimonial value of the Property.
  • Property up to the Value of €157,500 will be exempt from IMI for - 6 years. Property ranging in value from €157,701 – €236,250 will be exempt from IMI for - 3 years.

Property Purchase Tax - IMT (Imposto Municipal sobre Transamissoes)

IMT is a property purchase tax which is calculated by the higher value of either the value of the deeds or on the rateable value. The rate is variable, and depends on the type of property and the value of the property. infomation below is correct as of : 01/12/2016

Urban property or autonomous fraction of urban property exclusively intended to permanent place of residence:

Table Showing the IMT for Private Property Purchases: Primary Residence
Value of Property Marginal Medium *
Up to €92,407 0% 0%
€92,407 to €126,403 2% 0,5379%
€126,403 to €172,348 5% 1,7274%
€172,348 to €287,213 7% 3,8361%
€287,213 to €574,323 8% -
€574,323 + 6 (single rate) 6 (single rate)

* In the upper limit of the scale Urban property or autonomous fraction of urban property exclusively intended to residence (non-permanent):

Table Showing the IMT for Private Property Purchases: Primary Residence: Rental or Holiday* Home
Value of Property Marginal Medium *
Up to €92,407 1% 1%
€92,407 to €126,403 2% 1,2689%
€126,403 to €172,348 5% 2,2636%
€172,348 to €287,213 7% 4,1578%
€287,213 to €550,836 8% -
€550,836 + 6 (single rate) 6 (single rate)

* In the upper limit of the scale

Exemptions

Some facts are exempt from IMT, namely the ones mentioned below. Exemption may depend on certain requirements:

• acquisition of properties for resale by Real Estate Trading companies;
• acquisition of properties intended for urban rehabilitation;
• acquisition of property or autonomous fraction of urban property intended to install tourism complex to which has been attributed tourism utility;
• acquisition of real estate by Real Estate Investment Funds for Residential Letting;
• restructuring operations or cooperation arrangements;
• acquisition of buildings classified as of national/public/municipal interest;
• exemption or reduction of the IMT rate, regarding the acquisition of property that constitute eligible investment under Investment Promotion Tax Regime (RFAI).

Additional IMT Rates:

  • Commercial & Building Plots: Pay flat rate of 6.5% IMT.
  • Agricultural & Rustic Lands: Pay flat rate of 5% IMT.
  • Property acquired by a Corporation domiciled in White listed jurisdictions: Pay the same rates of IMT as in the chart above.
  • Property acquired by a Corporation domiciled in Black listed jurisdictions: Pay 15% IMT.
  • The purchase of shares of a White listed Jurisdiction Corporation: Pay NO IMT.
  • The purchase of shares of a Black listed Jurisdiction Corporation: Pay 8% IMT.
     

Stamp Duty

You are required to pay stamp duty on contracts, deeds, bank mortgages and loans, documents, and titles and are the responsibility of the buyer. The rate of Stamp duty varies according to the type of property and the value of the property. The rate according to the type of deed/operation is between 0.4% and 0.8%.
Corporate property ownership transactions pay No Stamp Duty.
 


Capital Gains Tax

There is a Capital Gains tax in place in Portugal. When a Non-resident sells a Portuguese Property they are taxed at the flat rate of 25%. If the money from a sale is re-invested then only 50% of the net taxable income will be subject to capital gains tax. To calculate the taxable gain, you take the selling price, minus the acquisition costs, any costs incurred during the transfer of ownership, and also any property improvement costs that have incurred within 5 years of the sale.

There are a couple of exceptions to Capital Gains Tax in Portugal:

  • If you are a tax resident of Portugal (Domiciled in Portugal) and you are selling your primary resident in Portugal and you buy another residence in Portugal. Importantly this rule applies for sales that are within 3 years after, or 2 years before.
  • If the property in question was first occupied before January 1989 in your name.
  • If you decide to reinvest the monies made from the sale of your Portugal primary residence into another primary residence in the EU, you are then able to roll over the costs.
    ......Read more

Agency Fees are Tax deductable:

There are no agency fees paid by the buyer. In Portugal it is always the seller that pays the agency fees. As of July 2008 agency fees can be deducted as a sales expense from any capital gains realised from the sale of a property.
 


Inheritance Tax

As of 2004 there is No inheritance tax to be paid by ones immediate family, and a 0.8% stamp duty will be levied. To non-immediate family a 10% stamp duty will be applied..........Read more
 


Fiscal Representation

It is a legal requirement for all non-resident individual or companies who have assets based in Portugal to appoint a fiscal representative. Non resident taxpayers who earn taxable income in Portugal & the Algarve are required to appoint a fiscal representative who guarantee’s that the non-resident is compliant with Portugal’s tax obligations.

The fiscal representative is a go between the individual/Company who have the assets and the tax department. The fiscal representative is then jointly (with individual/Company) for any tax calculations related to all of the individual/companies Portugal’s tax obligations (E.g. Property, bank accounts, cars, and income – all tax bills).

The tax authority with only work with/via the individuals/Companies fiscal representative regarding, rental income declarations, valuations, IMI tax bills, etc

Here at PortugalProperty.com™ we will be able to refer you to reputable English speaking, Portuguese fiscal representative, and any correspondence which is sent from the tax department can thus be dealt with and received.


For further information on fiscal representative and any information relating to Portugal Property tax please send an email to info@portugalproperty.com and an expert member of the PortugalProperty.com™ will be sure to get back to you.