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Author: Elsa L.
Profession: Lawyer
Completed cases: 95
Elsa is a seasoned lawyer specialising in property conveyancing and expat relocation to Portugal. With over 20 years experience and being fluent in English, she expertly guides clients through complex legal and tax processes.
Article Last Updated: 13 Apr, 2025 under Capital Gains Tax

Ever signed up for something thinking you understood the rules only to find out a whole different game was being played? That’s how many of my foreign clients feel when they first encounter Portugal’s tax system.

As a lawyer helping expats in Portugal, I’ve seen the look of shock on countless faces when they realize their tax obligations are far different from what they expected. Portugal’s reputation for tax benefits draws many foreigners to its sunny shores, but the fine print often goes unread until it’s too late.

What seems straightforward in theory – income tax, capital gains, property tax – becomes a puzzle with Portuguese-specific pieces. Understanding the distinction between federal and local taxes is key to navigating the Portuguese tax system effectively. And the stakes? Potentially thousands of euros in unexpected tax liabilities or missed opportunities for legitimate tax savings.

Let me walk you through what you actually need to know about the Portuguese tax system – before you find yourself explaining to the tax office why you didn’t file that annual tax return.

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1. Are You Actually a Tax Resident?

The foundation of your tax obligations in Portugal is based on one simple question: are you a tax resident? This determines whether you pay tax on your worldwide income or just Portuguese source income.

You’re considered a tax resident if:

  • You stay in Portugal for more than 183 days in a calendar year
  • You have a residence in Portugal on December 31st that suggests an intention to keep it as your habitual residence
  • You have a household member who is a tax resident in Portugal
  • You’re registered as a resident with the Portuguese tax authorities

“But I only live in my holiday home for summer months,” I often hear. Unfortunately, the tax office doesn’t just count consecutive days. Those weekend visits and holiday stays add up faster than you think.

For non-residents, Portugal taxes only income earned within its borders. But once you cross that residency threshold, the Portuguese government wants its share of your global earnings – and that includes investment income from abroad.

2. Income Tax: Progressive Pain or Reasonable Rates?

Income Tax: Progressive Structure

Personal income tax in Portugal is progressive, with rates ranging from 13% to 48% for 2025. This means different parts of your income are taxed at different rates, not a single rate on your entire income.

For example, in 2025, if your taxable income is €100,000:

  • The first €8,059 is taxed at 13% 
  • Income between €8,059 and €12,160 is taxed at 16.5% 
  • Income between €12,160 and €17,233 is taxed at 22%​
  • Income between €17,233 and €22,306 is taxed at 25% 
  • Income between €22,306 and €28,400 is taxed at 32%​
  • Income between €28,400 and €41,629 is taxed at 35.5% 
  • Income between €41,629 and €44,987 is taxed at 43.5% 
  • Income between €44,987 and €83,696 is taxed at 45% 
  • Any income above €83,696 is taxed at 48%​

Note that employment income, pension income, rental income and investment income may each have different tax treatments under Portuguese law, with specific rules and rates applying to each category.​

Self-employed individuals are responsible for their own social security contributions, in addition to income tax. The contribution rate for self-employed workers is 21.4% of their relevant income. You must plan ahead to avoid financial stress when payments are due.

Additionally, there is an solidarity surcharge:

  • 2.5% on the annual taxable income between €80,000 and €250,000​
  • 5% on the annual taxable income exceeding €250,000​

These surcharges are applied progressively on top of the standard income tax rates.​

Please note that tax laws can change, so it’s always best to check the latest official sources or a tax professional for the most up-to-date information.

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3. Portugal’s NHR Program: Now Closed to Newcomers

Portugal’s Non-Habitual Resident (NHR) tax regime was once one of the most attractive tax incentives for expats in Europe, offering big benefits to new residents. However, as of 2024, the program is no longer open to new applicants. Those who became tax residents before the cut-off date can still benefit, but no new registrations are allowed.

What Was the NHR Program? The NHR regime offered a flat 20% tax rate on Portuguese-source income from high-value professions and, initially, full exemptions on certain foreign income. However, in 2020, Portugal introduced a 10% tax on foreign pension income, making it less attractive for retirees.

Who Can Still Benefit? Although the program is now closed to new applicants, individuals who became tax residents in Portugal before the deadline and registered as NHRs can still benefit for up to ten years from their approval date. Those who missed the registration deadline no longer have access to this tax regime.

Standard Taxation in Portugal With the NHR scheme now closed, most new residents will be subject to Portugal’s standard progressive income tax rates, which can reach up to 48% on higher earnings. Foreign-source income may also be taxed depending on Portugal’s tax treaties with other countries.

Alternative Tax Strategies For those who missed out on NHR, other legal tax planning options remain. Structuring income, investments and business activities correctly can still provide tax efficiencies. Consulting a tax professional with expertise in Portuguese taxation is now more important than ever.

If you became a Portuguese tax resident before the cut-off date but haven’t registered as NHR yet, urgent action may be required to secure your eligibility before transitional measures expire.

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4. Capital Gains Tax: The Hidden Expense

When my clients sell property or investments, capital gains tax often comes as a surprise. In Portugal, capital gains from property sales are added to your annual income and taxed at your personal income tax rates – but with a twist.

Only 50% of the gain on Portuguese property is taxable for residents. For non-residents selling Portuguese property, the entire gain is taxed at 28%.

Here’s the good news many don’t know: residents selling their main home in Portugal can avoid capital gains tax completely if they reinvest the proceeds into another main residence in Portugal or elsewhere in the EU/European Economic Area. This tax exemption is a big benefit, but comes with conditions:

  • Reinvestment must occur within 36 months after the sale or 24 months before
  • The property sold must be your tax-registered primary residence
  • You must declare your intention to reinvest on your tax returnPost-Brexit, this exemption no longer applies to reinvestments in UK property – a detail many British clients miss.

The calculation of capital gains gets more complicated with adjustment coefficients and various deductions:

  • Inflation adjustments to the purchase value
  • Documented home improvements
  • Certain costs related to the purchase and sale

Speaking of improvements, refurbishments that add value to a property can be deducted as "Expenses and charges" – but only if they were carried out in the last 12 years and are properly documented according to Portuguese tax law. This includes major upgrades like installing heating systems or structural renovations.

This deduction is particularly useful for Golden Visa applicants buying properties over 30 years old, as renovation costs can be included in the total investment amount and later used to reduce taxable gains when selling the property.

For investment assets like stocks and bonds, Portugal applies a flat tax rate of 28% on capital gains, though some exceptions exist under double taxation agreements.

Many people miss opportunities to reduce their capital gains tax burden by not planning correctly. The key is to understand these rules before making property decisions, not after.

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5. Corporate Tax in Portugal: What You Need to Know

Corporate tax in Portugal can be complex, but understanding the basics can help businesses stay compliant and save money. Corporate tax is applied to companies operating in Portugal, including those with a permanent establishment in the country.

As of 2025, the standard corporate income tax (CIT) rate in mainland Portugal is 20%. ​SMEs benefit from a reduced CIT rate of 16% on the first €50,000 of taxable income, up from €25,000. ​For companies with a taxable profit over €1.5 million, a state surtax is applied as follows:

  • 3% on taxable profits between €1.5 million and €7.5 million​
  • 5% on taxable profits between €7.5 million and €35 million​
  • 9% on taxable profits over €35 million​

Municipalities may also apply a local surtax (Derrama Municipal) of up to 1.5% on taxable income. 

​To comply with corporate tax requirements, companies must register with the Portuguese Tax Authority and get a tax identification number (NIPC). Corporate tax returns are submitted electronically and must be filed by the last day of the fifth month following the end of the tax year.

Portugal also offers tax incentives to attract businesses, such as the Madeira International Business Centre (MIBC) license, which has a 5% corporate tax rate. These incentives can be useful for companies looking to set up in Portugal.

Understanding these rules and taking advantage of the incentives can help expats who are planning to start a businesses in Portugal, to manage their tax liabilities.

6. Inheritance Tax in Portugal: Planning for the Future

Inheritance tax in Portugal is something to consider for anyone planning their estate. Governed by the Portuguese Civil Code and the Inheritance Tax Code, this tax is applied to the transfer of assets from the deceased to their heirs, including property, shares and other valuables.

The tax rate varies from 0% to 10% depending on the relationship between the deceased and the heir. Spouses, children and parents are exempt from inheritance tax, so it’s easier for close family members to inherit without additional cost. However, other relatives and non-relatives have a 10% tax rate.

Inheritance tax must be paid within three months of the date of death. Failure to meet this deadline can result in fines and interest, adding to the stress at an already difficult time.

Portugal has double taxation treaties with over 60 countries which can help reduce the inheritance tax burden for expats. These treaties ensure that the same assets are not taxed twice, once in Portugal and once in the heir’s home country.

Given the complexity of inheritance tax, seeking professional advice is essential. Proper planning can ensure assets are transferred efficiently and tax-effectively, giving peace of mind for both the deceased and their heirs.

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7. Value Added Tax (VAT) in Portugal: Everyday Impacts

Value Added Tax (VAT) is a big part of the Portuguese tax system, affecting both consumers and businesses. VAT is a consumption tax applied to the value added to goods and services at each stage of production and distribution.

In Portugal the standard VAT rate is 23%. However, reduced rates of 13% and 6% apply to certain goods and services, such as food, pharmaceuticals and some cultural activities. These reduced rates make essential items more affordable for consumers.Businesses with an annual turnover of more than €15,000 on taxable goods and services must register for VAT. Once registered, businesses must submit VAT returns electronically by the 10th day of the month following the end of the tax period. This ensures VAT is collected and paid to the government on time.

Businesses can also be eligible for VAT refunds if they have paid more VAT on their purchases than they have charged on their sales. This can be a nice bonus, especially for businesses with high input costs.

Compliance with VAT rules is key as non-compliance can result in fines and penalties. Understanding the VAT rules and filing on time and accurately can help businesses avoid issues and keep operations smooth.

8. Property Tax and Other Local Surprises

Beyond income and capital gains tax, Portugal has several property related taxes that catch foreign owners off guard:

  • IMI (Imposto Municipal sobre Imóveis): Portugal’s council tax ranging from 0.3% to 0.45% of the tax value annually
  • AIMI (Additional IMI): Extra charge on properties over €600,000
  • IMT (Property Transfer Tax): Due when buying property, up to 8%
  • Stamp duty of 0.8% on property purchases

Local taxes like IMI play a big role in funding local area maintenance and vary depending on property value.

The Portuguese tax system also has value added tax (VAT, or IVA in Portuguese) at a standard rate of 23%, although reduced rates apply to certain goods and services. If you are buying property in Portugal, it is essential that you are fully conversant with the tax environment.

9. Double Taxation: Paying Twice?

My clients moving to Portugal from the UK - and from further afield - count double taxation among their greatest concerns i.e. paying tax on the same income to both Portugal and their home country. Fortunately Portugal has double taxation treaties with many countries to prevent this.

These treaties determine which country has the right to tax different types of income. However they don’t automatically apply – you must actively claim treaty benefits by providing the right documentation to both tax authorities.

The process for claiming relief under a double tax treaty often involves:

  • Getting certificates of tax residency
  • Filing specific forms with tax authorities
  • Meeting strict deadlines

10. Portugal's Tax Year and Filing Requirements

The Portuguese tax year follows the calendar year, from January to December. Annual tax returns must be filed during specific periods:

  • April 1 to June 30 for employment and pension income
  • April 1 to May 31 for other categories of income

Knowing your residency status for tax purposes is key as it affects your obligations to file and pay taxes on worldwide income.

Missing these deadlines will trigger penalties and interest which accumulate the longer you delay. Filing requirements exist even if you don’t owe tax, a fact that surprises many newcomers.

For those with limited Portuguese language skills, the annual tax return process can be overwhelming. The Portuguese tax office has improved its online systems but navigation is still challenging for foreign residents.

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11. Tax Authority and Administration: Who’s in Charge?

The Portuguese Tax Authority, known as Autoridade Tributária e Aduaneira, is the body responsible for the tax system in Portugal. This authority ensures taxes are collected and taxpayers comply with the law.

The Tax Authority is divided into several departments, each with specific responsibilities. These include the Tax Department, Customs Department and Taxpayer Services Department. Together they manage various taxes including income tax, corporate tax, VAT and property tax.

Taxpayers can interact with the Tax Authority through its website, by phone or in person at a local tax office. The Tax Authority offers a range of services to taxpayers including help with filing tax returns, making tax payments and getting tax refunds.

The Tax Authority works closely with other government agencies like the Ministry of Finance and the Ministry of Justice to ensure tax laws and regulations are complied with. This collaboration ensures a fair and efficient tax system.

The Tax Authority is committed to providing excellent service to taxpayers, making the tax system transparent and accessible. By understanding the Tax Authority and using its services, taxpayers can navigate the Portuguese tax system better.

12. Smart Planning Makes All the Difference

With proper planning Portugal’s tax system offers many opportunities. Some to consider:

  1. Timing your residency status change to get NHR benefits
  2. Structuring your investments to qualify for favourable tax treatment
  3. Using available deductions for health insurance, education and certain expenses
  4. Looking into a Portuguese company structure to reduce your tax burden for business activities

For those with international wealth Portugal has advantages not found elsewhere in Europe. No wealth tax and inheritance tax (with some exceptions for Portuguese property) makes the country a haven for estate planning.

Research and capital investments in certain sectors may qualify for reduced corporate tax rates, sometimes as low as 12.5% compared to the standard corporate tax rate of 21%.

13. The Taxman Cometh

Many newcomers to Portugal think they can fly under the radar of the tax authorities. This thinking is getting increasingly risky as the Portuguese tax office gets better at tracking economic relations and financial flows.

The penalties for tax evasion in Portugal are severe including large fines and criminal charges. With the implementation of international information-sharing agreements hiding income is almost impossible.

I have helped many clients get into compliance after years of incorrect filing or non-filing. While it can be a challenge, resolving tax issues properly is worth more than any temporary tax saving.

14. Beyond DIY Tax Planning

Portugal’s tax landscape changes regularly through decree laws and budget adjustments. What’s valid today may not be valid next year.

For anyone with significant assets or complex income sources professional guidance is not an expense – it’s an investment. The right advice often saves multiples of its cost through proper tax planning and avoiding expensive mistakes.

Remember tax efficiency is legal and encouraged – tax evasion carries serious consequences. Walking this line confidently requires both knowledge and expert support.

While this overview covers the main areas of concern, each person’s situation is unique. Your circumstances – citizenship, income sources, investment portfolio, family situation – create a tax profile that deserves individual attention.

If there’s one piece of advice I give all my clients: don’t wait until filing season to think about taxes. The best tax strategies work proactively not reactively.

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Teresa, Lawyer in Faro ...
Teresa read law at the University of Coimbra. She is specialised in civil law, contracts, property and inheritance case, with more than 10 years representing international clients. She holds a postgraduate degree in Banking, Stock Exchange and Insurance Law and also holds the specialization course leading to the degree of Master of Corporate Law. A well-known speaker, Teresa's research focuses on issues of economic and financial law, as well as fundamental rights. She speaks English fluently.
Teresa has been invaluable in the process of purchasing a property in Portugal. We could not have done it without her help. She is very professional, organised and responsive. We will be using her services again in the future for sure!
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10 Apr 2025
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