Tax calendar: dates you need to put in your diary for 2025

Please remember that before you submit your Personal Income Tax (IRS), you need to perform some tasks as per the new habits acquired in the previous years: tasks like validating or registering invoices at the tax portal are now procedures that became part of the routine of any taxpayer. Your role is important in determining your IRS deductions, therefore check the tax calendar, to make sure you don’t lose any deduction or pay any fines.

January:

If you have a business activity that was VAT exempt under Article 53, but in 2024 you exceeded the VAT threshold, then you need to change your VAT status by the 31st of January. Likewise, if you were paying VAT but did not exceed the threshold in 2024 and wish to become exempt, the same deadline applies. For your info, the VAT threshold in 2024 was 14.500€ and this limit will increase in 2025 to 15.000€. The VAT threshold is applicable to your business income, irrespective of how many activities you may have. If in 2024 you were VAT exempt and invoiced a total of 14.999€, although you were over the limit, as this increases in 2025, you are not required to change your status.

If you have a rental contract and are not obliged to issue monthly rental receipts, you have until the 31st of January to declare the yearly rental income for 2024.

February:

Each taxpayer has until the 25th of February to query, report and verify invoices. To do this you should access the e-Factura portal and access to your personal page, where you should verify if all your invoices have been properly communicated. If you find any failure, or any invoice is not recorded, you can add these invoices to your file. It is also important to check in which category your invoices are recorded and move them into the appropriate section (ie health, education, etc) otherwise the deduction will not be accepted. These procedures need to be performed for each household expenditure holder, including dependants.

It is also important to update or register your household for tax purposes, before 15/02. Please note that this can be very important, not only for tax purposes, but for other related matters, such as inscription at schools, kindergarten, etc and or other tax benefits you may be entitled to.

March:

If you became a resident of Portugal in 2024 and want to apply for the Non-Habitual Residency scheme, you have until the end of March to submit your application at the tax portal. The NHR status is revoked after 2024, but any citizens that started their emigration process before 31-12-2023 or that had an accessible habitation before 07-10-2023, can still register the NHR application, providing they completed their tax residency in Portugal before the end of 2024.

The new Tax Incentive for Scientific Research and Innovation (IFICI+) is also available for anyone that become a tax resident in Portugal in 2024 and was not resident in Portugal in the previous 5 tax years. This scheme will replace NHR, and if you wish to be part of this scheme (instead of the NHR), you must file your application before March 15, 2025. In the following years, the registration will be done by January 15 of each year.

During March, you also need to check your e-fatura page at the tax portal and if you feel the information is incorrect, you can challenge the calculations made by the Tax Authorities. In other words, your tax deductions will be summarized here, under family general expenses, healthcare expenses, training and education expenses, charges with property for permanent residence, invoices VAT and costs with foster homes; if your total invoices is not consistent with the one totals shown in the portal, you have this two weeks window to contest it. Please note that it’s necessary to check this for each taxpayer.

April:

You can submit your IRS (Personal Income Tax) declaration for 2024 from the 1st of April until the end of June. This means that all declarations can be submitted during these three months, irrespective of your income category (employment income, pension income, self-employment income, rentals, etc.)

Please note that all residents, including Non-Habitual Residents, need to submit a tax return, even if they didn’t receive any income or don’t have any tax to pay. If the information on your foreign source income is not yet available before the 30th of June, you can file for an extension and submit the tax return later at no cost.

All non-residents that have income from Portuguese source (ie property rentals, sale of a property, etc) also need to submit the tax return.

May:

Payment of the first instalment of the IMI council tax. If in your case, the council tax is lower than 100€, this will be the only payment date you need to remember. If is higher, please look for other instalment dates in August and November.

June:

Do not forget to submit the IRS (Personal Income Tax) for 2024 by the end of June. Please remember that if you do not deliver your IRS on time, or if you fail to meet some of the deadlines above, you may lose some or all your tax deductions. Late delivery of your IRS may also cancel your IMI (Council Tax) exemption. If you are waiting for information on your foreign source income, you can file for an extension, but this needs to be requested before the end of June.

July:

If you are entitled to a tax refund, following the submission of the IRS tax return, the settlement must be made by 31st of July. This is the deadline for the Tax Authorities to pay you.

August:

If you have IRS tax to pay, you should pay no later than the last day of August, provided you have delivered the tax return within the time limits. If the tax return was submitted after the deadline, payment may be made until the 31st of December (fines and interest will apply).

The second instalment of the IMI council tax is due this month. This applies to all those whose yearly IMI payment is higher than 500€ per taxpayer.

September:

If you have AIMI (additional council tax) to pay, this must be paid by the end of September. Remember that are liable for AIMI payment all properties owned by companies. Individual owners are only exempt from AIMI, in the first 600 thousand Euros worth of property (based on the tax value and not in the commercial value).

November:

Payment of the third and last instalment of the IMI council tax. This applies to all those whose yearly IMI payment is higher than 100€ per taxpayer.

Recurring dates:

Please remember that if you have a business activity, you must issue invoices up to five days after providing the service or receiving the funds. And all the monthly invoices need to be reported to the tax authorities (SAFT file) also by the 5th of each month. Please be aware that fines can be applicable for late issuance of invoices or late submission of the monthly invoice file. This deadline also includes the invoices related with your rentals (AL).

Each month you also need to issue your monthly rental receipts in case you have a rental contract registered.

The car tax must be paid by the last day of the month when the car was registered. Important note: the car tax is not posted to your tax address; you must get the payment note from the tax portal. It’s advisable to set up a direct debit or to set up electronic notifications, as the fines for late payment can be considerably high in this tax.

If you have a business activity, please remember that each quarter, you need to submit a social security declaration to ascertain how much social security you will pay each month in the following quarter.

If you have any questions, don’t hesitate to reach out. Tax planning is essential, and it’s crucial for both individuals or companies to avoid any surprises.

Contact us to discuss your personal situation and ensure you stay ahead, minimizing the risk of unnecessary fines. You can reach us at info@afm.tax.

By Ricardo Chaves

Life in Portugal after the NHR Status Finishes

Portugal has long been a favored destination for expatriates, thanks in part to its Non-Habitual Residency (NHR) program. This program, introduced in 2009, offered significant tax benefits to foreign residents for a period of ten years. However, as the NHR status comes to an end, it is crucial to understand the implications and plan accordingly for life in Portugal post-NHR.

Understanding the NHR Program

The NHR program was designed to attract foreign professionals and retirees by offering reduced tax rates on foreign-sourced income, including pensions, dividends, and capital gains. For many, this meant a flat 10% tax on pension income and exemptions on other foreign income sources. The program was a significant draw for those looking to enjoy Portugal’s sunny climate, rich culture, and favorable tax regime.

My NHR is valid until the end of 2027, am I affected by the end of the NHR Program?

If you already have the NHR status, you won’t be affected, and you will be entitled to all your tax benefits until the end of your NHR period. The NHR is being revoked, only as a program available for new residents that become tax resident after the 1st of January 2025.

We are in Portugal since May, but are waiting for our appointment with AIMA, which is now officially booked for April 2025, did I miss the boat of the NHR?

If you already have an appointment with AIMA booked for 2025, you can register as a tax resident before the end of 2024, based on that appointment. Please make sure that you change your address at the tax office before 31-12-2024, as this is the only way to be ablet to apply for the NHR status before it’s revoked. The deadline to apply for the NHR status will be 31-03-2025, but only for those that became tax resident before 31-12-2024.

What Happens when my NHR Ends?

Once the ten-year NHR period concludes, taxpayers are transitioned to the standard Portuguese tax system. This shift can have substantial financial implications. For instance, the standard tax rate on foreign income, including pensions, will be taxed on the progressive marginal rates that range between 0 to as high as 48%, and capital gains on financial assets may be taxed at a flat rate of 28%. Additionally, if the assets generating capital gains are sourced in ‘Blacklisted Jurisdictions’ Portugal may tax this at 35%.

Financial Planning Post-NHR

To mitigate the impact of these changes, it is essential to revisit and adjust your financial plan well before your NHR status expires. Here are some strategies to consider:

  1. Optimize Pension Withdrawals: Before your NHR status ends, consider maximizing pension withdrawals at the current 10% tax rate. This can significantly reduce your tax burden on pension income.
  2. Reinvest Wisely: After withdrawing your pension, reinvest these funds in tax-efficient accounts or assets that align with the new Portuguese tax regulations. This can help protect your wealth and reduce future tax liabilities.
  3. Consult a Financial Adviser: Given the complexity of tax planning post-NHR, consulting with a cross-border financial adviser is highly recommended. They can help you develop a custom plan to address individual challenges and leverage opportunities to minimize your tax liabilities.

Portuguese taxation of pension income after the NHR expires

If you earn a pension and this was funded partially or totally with your personal pre-taxed contributions, you may qualify for an exemption of 85% of the income received.

This means that even after the NHR status, your pension income would pay an effective tax rate up to a maximum of 7.2%. This is possible because the Portuguese Income Tax Code allows for this 85% exclusion of tax, and your marginal rate will only be levied on 15% of the income received.

Portuguese taxation of life assurance policies (Unit Liked products)

This is another tax efficient investment available, which is not impacted by the NHR end. If you own one of these investment products, you will be taxed only on the growth of capital and not on the full redemption.

Also if the contract is longer than 8 years and 1 day, your effective capital gains tax is only 11.2%, which is very low compared with other jurisdictions and not much different from the current 10% tax paid on the pension income.

New Tax Regime: IFICI+

With the end of the NHR program, Portugal has introduced a new tax regime known as IFICI+ (Tax Incentive for Scientific Research and Innovation). This regime focuses on employment and self-employment income, offering a flat 20% tax rate on eligible activities. However, it does not provide benefits for retirees, making it crucial for those nearing the end of their NHR period to explore other financial planning options.

Living in Portugal Post-NHR

Despite the end of the NHR program, Portugal remains an attractive destination for expatriates. The country offers a high quality of life, excellent healthcare, and a welcoming community. Here are some aspects to consider:

  1. Cost of Living: Portugal continues to offer a relatively low cost of living compared to other Western European countries. This makes it an appealing option for those looking to maintain a comfortable lifestyle without breaking the bank.
  2. Healthcare: Portugal’s healthcare system is highly regarded, with both public and private options available. Expats can access quality medical care, often at a fraction of the cost compared to their home countries.
  3. Community and Culture: Portugal boasts a rich cultural heritage and a vibrant expatriate community. Whether you are interested in exploring historic sites, enjoying local cuisine, or participating in community events, there is always something to do.

Conclusion

While the end of the NHR program marks a significant change for expatriates in Portugal, it does not diminish the country’s appeal. By understanding the implications of the transition and planning accordingly, you can continue to enjoy the many benefits of living in Portugal. Whether through optimizing your financial strategy or embracing the local culture, life in Portugal post-NHR can still be fulfilling and rewarding.

For any inquiries or support with the residency process for businesses or individuals, our team can guide you through the whole moving process.

Feel free to reach out to us at info@afm.tax or call us at +351 281 029 059.

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New Local Lodging Regulations (AL) – Effective from November 1st, 2024

The Local Logding (AL) sector in Portugal is undergoing significant changes with the introduction of new regulations that come into effect on November 1st, 2024.

These changes, aim to address various issues within the sector and provide a more structured framework for short-term rentals.

This new decree changes some of the rules that came into force in October 2023, when the More Housing Law Package (Mais Habitação) started.

Revocation of Previous Measures:

One of the most notable changes is the revocation of Article 19 from the “Mais Habitação” law, which previously restricted new AL registrations.

From November 1, 2024, new AL registrations will be allowed across the country, except in certain Contention Areas. These areas, currently implemented in most of Lisbon and central Ericeira, will continue to have restrictions on new registrations.

We suggest that anyone looking to obtain a AL license to their apartment to act quickly. In fact this law decree attributed new powers to the municipalities, which means that in case the local council wants to restrict the touristic rentals, they may act quickly and determine contention areas within the council.

Transmissibility of AL Licences:

The new regulations also make AL licences transmissible under all circumstances, except in Contention Areas where municipal rules may differ. This change provides greater flexibility for property owners, allowing them to transfer their AL licences more easily. So from now on, it should be possible to transfer the rental license, when you are selling your apartment or villa.

Changes to Operational Limits:

For ALs implemented in primary residences, the previous limit of being open for more than 120 days has been removed.

This means that property owners can now operate their ALs year-round without any restrictions on the number of days they can be open.

Hostel Requirements:

Hostels will still require unanimous approval from the condominium to obtain an AL licence in horizontal property buildings.

This measure ensures that all residents in a building agree to the operation of a hostel, thereby reducing potential conflicts.

Municipal Oversight:

The municipality now has the authority to oppose the registration of ALs within 60 days (90 days in Contention Areas).

Additionally, property owners can request an inspection during the registration process if a licence is not granted. This increased oversight aims to ensure that all ALs comply with local regulations and standards.

Cancellation of AL Licences:

The new regulations also introduce provisions for the cancellation of AL licences. If a condominium votes by a majority (more than 50% of the total owner share) to cancel an AL due to proven and repeated acts of disturbance, the municipality can immediately cancel the licence. However, the licence holder has the right to reply in person, and any cancellation cannot exceed five years.

Capacity Limits and Additional Services:

The maximum capacity for ALs registered as Apartamentos or Estabelecimento de Hospedagem is now set at nine rooms and 27 guests.

Additionally, fold-up or extra beds may be installed as long as their number does not exceed 50% of the “normal” beds. ALs registered as Estabelecimento de Hospedagem may also implement other services such as the provision of food and drink.

Communication and Insurance Requirements:

The person responsible for the AL must communicate their telephone number and email address to the condominium administration.

Furthermore, the municipality may request that the AL licence holder provide the contract of the appropriate AL insurance within three days.

Contention Areas and Areas of Sustainable Growth:

Municipalities have the authority to create Contention Areas and Areas of Sustainable Growth. Contention Areas are defined as those having a surplus of ALs, while Areas of Sustainable Growth are monitored to prevent a surplus of ALs. These measures aim to balance the supply of ALs and ensure sustainable growth within the sector.

Taxation remains the same on operation and sale of the property:

These new Alojamento Local regulations effective from November 1, 2024, bring significant changes to the sector, by revoking previous restrictions, but please note that these changes do not bring any tax alterations. This means that the taxation of your AL operation remains the same as well as the CGT rules on the sale of the property.

If you personally own a property with an AL license and you are conducting the business directly (as a sole trader) the limit of 3 years remains. This means that you need to stop the activity and wait 36 months before selling, to be able to reduce your tax liability to the normal rules. If you sell with the AL or within 36 months of stopping the rental activity, you won’t be able to deduct any expenses to the capital gains liability and the tax will be assessed on 95% of the gain.

As this CGT rule penalises considerably the owners of property with AL, we urge property owners to plan ahead, meeting with us before placing the property in the market. There may be opportunities available to reduce the capital gains liability and we can help you to take advantage of these.

For personalized advice and to ensure compliance with tax regulations, please reach out to AFM at info@afm.tax or visit www.afm.tax.

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Different options of purchasing property in Portugal

People often contact us to discuss the various options for owning property in Portugal. Our response is typically: it depends. This is because the best approach varies based on several key factors, including your primary purpose for acquiring the property (whether for personal residence or rental income), your long-term investment plans (whether you view the property as a single investment or part of a larger portfolio), and your potential plans for selling the property in the near future.


Below, we provide some insights and options regarding property ownership in Portugal. Please note that this information is intended for general informational purposes only and should not be considered as tax, legal, or accounting advice. We strongly recommend consulting your own tax, legal, and accounting advisors before undertaking any property transactions in Portugal.

a) Direct purchase

Direct purchase is the most common method of acquiring property in Portugal. This approach is particularly sensible if the property is going to be your main residency in the future, is the most sensible choice.

When purchasing directly, it also means that the property will not pay the additional council tax bills (AIMI) in the first 650.000€ of property tax value and pay the ordinary council tax (IMI). However, please note that Portugal’s IMI (council tax) is relatively inexpensive, especially compared with the UK. In Portugal, the yearly council tax varies from 0.3% to 0.45% of the property’s tax value.

When the property is owned directly, the CGT in a future sale is levied on 50% of the gain and taxed at the progressive tax rates. As the maximum IRS tax bracket is 48%, this means an effective rate of 24% of the capital gain in the worst-case scenario.

Also, if the property is the primary residence for more than 12 months at the time of sale, it’s possible to avoid CGT if the sale proceeds are used to purchase another property.

Direct purchase may also be an option if you intend to rent the property. However, if you want to purchase the property for short-term lets, you should look for a villa (not an apartment), as in several locations, the license for short-term lets (AL) is restricted in apartments. If you are a non-resident and looking to invest, please note that you will pay 8.75% of tax on your gross income from your short-term lets; if you are looking to rent long-term, the tax is 25% on the rent after expenses are deducted.

Please note that in the case of short-term lets (AirBnB), the property will be deemed a business, and you will need to stop the activity for 36 months prior to the sale to pay CGT on 50% of the gain; otherwise, CGT will be levied on 95% of the gain.

b) Purchase in the name of a foreign company (registered in Portugal as a Non-Resident entity without permanent establishment)

If you do not intend to live in Portugal but wish to have access to a property here for personal use, this alternative allows you to purchase a property using your company funds rather than personal savings. If the company is registered as a non-resident entity without permanent establishment, it means that it may not have any business activities in Portugal; therefore, there is no need to register any activity for tax purposes.

When purchasing a property in the name of a foreign company, the property will pay council tax bills (IMI) and additional council tax bills (AIMI). When the property is owned through a foreign company, the CGT in a future sale is 25%.

It’s not possible to reinvest to avoid CGT. It may also not be possible to have any business activity unless this was referred to when registering the entity in Portugal.

The company will not file any accounts in Portugal, except when the property is sold. Please note that in this case, the obligation to declare the sale and assess the capital gains tax needs to be performed in the month following the sale.

c) Purchase through a Portuguese limited company (which can be owned directly and or by a foreign entity)

This alternative may still allow the purchase to be made using funds in the foreign entity rather than personal savings if the foreign entity is also a shareholder.

When the property is owned through the Portuguese company, the CGT on a future sale is assessed as the profit. In Portugal, the corporate tax rates are 17% for the first 50.000€ of profit and 21% for profits above 50.000€.

As this is a Portuguese limited company, is mandatory to appoint an accountant and a company director, who should have a salary and pay minimum social security contributions (unless it pays in another company in Portugal or in a foreign country with an agreement with Portugal).

The company will have VAT activity, and quarterly VAT returns will be mandatory. If there are property refurbishments, usually there is a reverse charge clause, which means that the works are done at 0% VAT rate.

Depending on the type of company, it may be possible to reinvest in another property after the sale to lower the CG and the profit. It’s also possible to rent the property and operate a business. The profit will be taxed as above.

The Rental License is only possible if the property is a villa (not an apartment), and this doesn’t change depending on the type of ownership. On the short term lets, the VAT charged to guests is at 6% and the VAT rate on most utilities is at 23%, which may lead to a credit or a low VAT liability.

If the properties are owned through a company, there could be significant tax savings, but these will only make sense depending on the level and length of the investment. If the property is in a company that is owned by a foreign company, through the participation exemption the dividends transferred to the foreign company will not be taxed in Portugal.

In addition to the above, please note that there is no inheritance tax in Portugal, and the spouse and direct descendants of the property owner will only pay 0.8% stamp duty on the transference of the property to them if they own it directly. If the property is owned by the company, the same applies to the shares in the business, they will be transferred to the inheritors who will be liable for 0.8% stamp duty.

For personalized advice and to ensure compliance with tax regulations, please reach out to AFM at info@afm.tax or visit www.afm.tax.

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By Ricardo Chaves

12 things you should know about the IMI

1. What is the IMI?

IMI (Imposto Municipal sobre Imóveis – Municipal Property Tax) is a tax on the taxable value of immovable property in Portugal. This tax came into force in 2003, replacing the Council Tax, and reverts to the respective municipalities.

2. Who pays IMI?

The taxpayer is the property owner as of 31st December of the previous year. This means that if you bought your property at the end of 2021, you will pay the IMI for the full year. Likewise, if you sold your property at the beginning of 2022, you will still need to pay the IMI this year, as it’s always related to the previous year.

3. How to calculate the IMI?

IMI is calculated based on the Tax Asset Value (VPT) attributed to the property to which is applied a rate set annually by the municipality (VPT x IMI rate). The way the VPT is calculated varies. The VPT is calculated on the basis of various factors such as the construction value per square meter gross floor area, location, quality and comfort and property age, updated every three years.

4. What is the taxable value?

The taxable value of buildings is its value determined by assessment according to the rules of the IMI Code. This value is registered in the land register.

5. Who determines the IMI rates?

The municipalities decide each year, which tax to apply in their council. This needs to be between 0.3 and 0.45% for buildings and 0.8% for plots (rustic property). Properties with tax domicile in “offshore” are taxed at 7.5%, regardless of the type of property.

6. What are the deadlines for the payment of the IMI?

IMI is paid annually through a single billing document in May, if the tax is up to 100 euros. If the value is between 100 and 500 euros, you pay in two installments, 1st in May and 2nd in November. If the amount exceeds 500 euros, you pay it in three times (May, August and November). Please note that if you wish, you can pay the full amount in May.

7. What are the consequences of not paying the IMI on time?

If you do not pay within the period specified in the collection document, you will pay interest on arrears. If the non-payment persists your property can be seized.

8. Where can the IMI be paid?

IMI can be paid at the Tax Office, Post Office, in any ATM machine or through internet banking. If you wish, you can ask your fiscal representative to set up a direct debit from your account, to make sure you never forget to pay it.

9. Who is entitled to an IMI exemption?

Are exempt from property tax, the owners whose annual income on IRS in the previous year does not exceed 15 295 euros, provided that the book value of the property does not exceed 66,500 euros.

Also, if you bought your main residence and if the tax value of the property does not exceed 125.000€ and your yearly income does not exceed 153k, you can apply for a 3 year IMI exemption.

10. Am I entitled to a discount in the IMI due the number of children?

Since 2016 the law considers the possibility of each municipality, to offer a family discount, based in the number of children. It’s determined by each council and the maximum discounts are: 10%, 15% and 20%, for one, two or three (or more) children.

11. I am paying too much IMI, can I reduce my IMI bill?

It may be possible to reevaluate your property and reduce your tax liability. We have successfully submitted requests to the local tax departments to reduce the tax values of our clients’ properties, thereby saving many on the IMI property tax bills. However please note that any reassessment only takes effects on the following year, as you will only pay IMI for 2022, in 2023.

Please note that if you did not receive your IMI bill, this could be because you have not submitted a tax return in 2020 and incorrectly registered as having no income. This is a mistake and can cost you a lot of money. In this case, please contact us to rectify the situation, avoiding interest or fines.

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