Viewing posts categorised under: Portugal

I want to sell my property in Portugal | How much tax do I have to pay?

By Mark Quinn
This article is published on: 11th January 2022

11.01.22

Capital gains tax is charged on the sale of all property in Portugal. Whilst this is less of a problem if you have found your dream home and want to spend many years living there, it is a more significant consideration if your intention is to buy a property for the short term or for investment purposes.

If you purchased the property prior to January 1989 there is no tax on the gain realised on sale. In all other instances, 50% of the gain is taxable and inflation relief can also be applied if the property was held for more than 2 years. The gain is then added to your other income for the year and taxed at the scale rates of income tax.

Despite the potential for high rates of tax on sale, there is main residence relief available if you reinvest the proceeds into another main home in Portugal (or the EU/EEA). Certain other conditions apply but in general, the gain will be exempt from taxation if all the proceeds are reinvested. Any portion not used to purchase another main home (or reinvested in a savings plan/ pension) will be taxed.

In recent years a new relief has been introduced which allows reinvestment into a qualifying long term savings plan or pension. This will be looked at next when we discuss downsizing, as this is a very useful relief for those wishing to downsize later in life.

These 2 reliefs can be used in conjunction with each other allowing for greater tax planning opportunities.

Please note, Non Habitual Residence (NHR) status does not have an impact on the taxation of Portuguese property. The tax treatment is the same for NHR and normal residents.

Expat financial advice in Portugal

By Spectrum IFA
This article is published on: 5th January 2022

05.01.22

The Spectrum IFA Group are delighted to announce the official opening of our latest office in Portugal.

The new office is based in Almancil, which is situated in the very south of the country in the heart of an affluent area known as the ‘Golden Triangle’.

It will be run by Mark Quinn, a dual-qualified chartered financial planner and tax adviser. He brings 20 years’ experience advising individuals and businesses in the UK and Europe.

Mark has lived and worked in Portugal since 2014 and it was his interest in joining The Spectrum IFA Group that made it possible to re-open an office in Portugal.

This recent opening follows the establishment of an office in Malta in September 2021, adding to the offices already situated in France, Spain, Italy, Switzerland and Luxembourg.

Mark has over 20 years’ experience in finance and investment and is a dual qualified Tax Adviser and Chartered Financial Planner. Mark is originally from Manchester and moved to Portugal in 2014.

After obtaining a degree in Finance, he started his career in the UK as a researcher and report writer for several accountancy and advisory practices before being promoted to Independent Financial Adviser status in 2005. He has broad experience in advising individuals, companies and trusts in respect of their financial and tax issues.

In today’s world of finance one thing is clear, we all have to pay attention to and take great care of our own finances. Spectrum advisers are here to help you, our clients, with the many complex financial and tax issues you are confronted with: retirement and pension planning including QROPS, Life Assurance, efficient investing (using Insurance wrappers), succession and inheritance tax planning, currency exchange and many more.

As for most expatriates, these planning issues may exist in more than one country, and we believe working with experienced, qualified, cross border advisers who are themselves expatriates, and therefore facing similar challenges, is really important.

Throughout the group want our clients to stay involved and work with us to ensure they continue to prosper. We put an emphasis on continued financial advice and support with some of our clients having worked with their adviser for more than 15 years.

Our commitment to long term business relationships allows us to provide advice and reassurance during the inevitable changes in tax rules, movements in exchange rates and markets.

If you are thinking of moving to Portugal or are an expat currently living there, contact Mark via the form below:

Tax efficient savings in Portugal

By Mark Quinn
This article is published on: 22nd December 2021

22.12.21

If you have arrived in Portugal from the UK there is a hope, or perhaps expectation, that there will be savings options similar to an ISA and other tax efficient investments.

Portugal does not have an ISA system but there is a similar investment, sometimes referred to as the “tax efficient, Portuguese compliant bond”. It is tax free whilst invested and has a very beneficial low taxation basis, especially if you require income from your investment.

The two big advantages with this structure are that there is no limit to the amount you can invest and it is portable to most other countries if you decided to move in the future.

There are many investment and currency options, so it is a simple and effective way of building a Portuguese compliant tax efficient savings structure to meet your personal objectives and needs.

Even if you have moved to Portugal to just take advantage of NHR (Non Habitual Residence status), and wish to return to your home country in the future, these structures can provide an incredible planning opportunity.

For example, if you return to the UK and the appropriate restructuring advice was to surrender the investment, the tax due on surrender would be proportional to the amount of time you have been in the UK. So, if you were non-UK resident for the whole period of ownership, then no tax is payable. If you were non-UK resident for 8 out of 10 years of ownership, the tax will only be calculated on the 2 year period of UK residence meaning you would benefit from an 80% tax saving!

For more information on the tax efficient, Portuguese compliant bonds, please contact us.

Moving to Portugal | Visa Options

By Mark Quinn
This article is published on: 19th December 2021

19.12.21

Non-EU citizens, including the British post-Brexit, who wish to permanently settle in Portugal, must apply for a visa for the right to stay. EU citizens on the other hand have the right to freedom of movement and therefore have an automatic right to stay, so do not need to apply for a visa.

There are several visa options available in Portugal and the most common are the Golden Visa and the D7 visa.

Both visas allow access to the Schengen area, ultimate permanent residence or Portuguese citizenship, and a gateway into the Non Habitual Residence (NHR) tax scheme.

The key difference between the two programs comes down to one of cost versus flexibility. The D7 visa is clearly a lower cost route to Portuguese residency, both in terms of the fees and that there is no investment requirement as for the Golden Visa. However, the D7 route does have substantially longer minimum stay requirements.

Tax dimension
Whilst both visa options grant you legal residency in Portugal, one key difference with the D7 is that it automatically triggers tax residence status in Portugal. This may in fact be a positive thing for many people, given the existence of the NHR program which can result in substantial tax savings.

Whichever route you chose, please ensure you are implementing planning both before your move and after you have established Portuguese tax residency, and put in place planning now that will still be effective after the end of the NHR period.

We can analyse your situation and help decide whether tax residency and NHR status in Portugal is obtainable and will benefit you.

How do I know if I am Portuguese tax resident?

By Mark Quinn
This article is published on: 8th December 2021

08.12.21

A lot of confusion occurs in this area – people often mistakenly believe they have to be in Portugal for at least 183 days to be considered tax resident here, but that is not strictly the case.

The rules state that you are Portuguese tax resident if:

you spend more than 183 days in Portugal in any 12-month period (these days do not have to be consecutive)
if your habitual/permanent residence is in Portugal i.e. your ‘home’ (there is no minimum day count for this criterion)

Generally a tax payer is Portuguese resident from the ‘first day’ or day of arrival.

If you move to Portugal mid-way through the year, Portugal allows for ‘split-year’ tax treatment. This means that you will only be liable to tax in Portugal from the time you become resident there i.e. the date you permanently move to Portugal up to 31st December. The same principle applies for those who choose to permanently leave Portugal.

This can provide advantageous tax and financial planning opportunities and that is why it is best to seek advice and start planning early. We have separate guides on visas in Portugal and residency that explain the process of becoming resident in more detail.

If you move to Portugal mid-way through the year, Portugal allows for ‘split-year’ tax treatment. This means that you will only be liable to tax in Portugal from the time you are resident there i.e. the date you move permanently move to Portugal up to 31st December. The same principle applies for those who choose to permanently leave Portugal.

This can provide advantageous tax and financial planning opportunities and that is why it is best to seek advice and start planning early.

Download the Guide to Tax in Portugal here

I’m an Expat in Portugal – where do I pay tax?

By Mark Quinn
This article is published on: 6th December 2021

06.12.21

Many clients I have helped have been paying tax in the wrong country, often because of incorrect advice received in the past, or just because they were not aware of the rules.

It is critical to establish your tax residency position to avoid complications and possible penalties in future. I discuss these issues in this post and my next post later this week, with the latter focusing specifically on Portuguese tax residency.

If you are a Portuguese tax resident you are required to declare, and pay tax on, your worldwide income and gains in Portugal. If you are non-resident, then you are only liable to pay tax in Portugal on Portuguese source income.

If you have assets and/or income in more than one country, you will always have a “controlling tax authority” (CTA). This is not based on where most of your assets are located, where income is earned, ‘where you have always paid tax’ or where you ‘choose to declare tax’. Your CTA is normally the jurisdiction where you spend most time in that given tax year i.e. where you are tax resident.

Having said this, you may have to pay tax in more than one country. For example, if you are permanently living in Portugal and you have rental income generated in the UK, you will have to pay tax on that rental income in the UK first. However, as Portugal is your country of tax residence, you will also have to report the income in Portugal and potentially pay tax. Similarly, if you own and run a UK business, you may have to declare and pay tax and social security in Portugal instead of the UK if you are resident in Portugal.

Paying tax in the wrong country may not only result in heavy penalties but could also mean that you are paying more tax than you should and may affect any state pension, healthcare or social security rights you have.

There are rules in place between most countries to avoid tax being paid twice (double taxation agreements) but generally the highest rate of tax will always remain payable.

How is my pension taxed in Portugal?

By Mark Quinn
This article is published on: 30th November 2021

30.11.21

Should I review my pensions if I live in Portugal?

Pensions are somewhat a confusing area in Portugal and the tax system does not easily accommodate the many different types of pensions individuals may have. We have seen many professionals report pensions in different ways, depending on their interpretation or understanding of the pension in question.

As there are many types of pension schemes and ways of funding them, maybe with overseas or UK elements, this area can be quite tricky to navigate and it is best to seek advice from a professional with a proper understanding of the details.

Speaking generally, for those with NHR, UK pension income is taxed at a flat rate of 10% in Portugal, unless you successfully applied for NHR before April 2020, in which case it is free of tax.

For normal residents, pension income is generally taxed at scale rates. There are some exceptions to this for example, annuities or certain pensions that are treated as long-term savings.

UK pensions are usually taxed at source but in most cases, you can ask your pension provider to make payments out to you gross; this avoids you having to reclaim the tax paid at source from HMRC. You will need to inform your pension administrator that you are no longer UK resident and obtain an ‘NT’ tax code.

The UK State Pension is taxable in Portugal and you can also ask for this to be paid out to you gross.

UK government service pensions are always taxable in the UK e.g. civil service, armed forces. Portugal does not tax these pensions or include them as income for reporting and tax purposes.

Taking your ‘tax free cash’

An important point in relation to the taxation of pensions is with regard to the pension commencement lump sum (PCLS) and withdrawals under “pension freedoms” arrangements.

In the UK, it is possible to take a lump sum of up to 25% of the value of your defined contribution (e.g. a personal pension or SIPP) pension pot tax free. A tax-free amount is also available from a defined benefit scheme (final salary scheme) pension although this uses a different calculation method. Please note, these PCLS amounts are not tax free in Portugal. As a general planning point, we would therefore suggest utilising any PCLS entitlement prior to becoming Portuguese tax resident. However, your personal circumstances will dictate the best course of action.

We recommend that your pensions are reviewed regularly and at least on an annual basis.

This is a highly regulated and complex area that should only by undertaken by suitably qualified professionals.

If you would like to discuss your pension, are concerned about charges or performance, or would like to know if moving or adjusting your pension is the right thing for you, please contact us.

Non-Habitual Residency in Portugal

By Mark Quinn
This article is published on: 29th November 2021

29.11.21

What is Non-Habitual Residency (NHR)
and can I apply?

The Non-Habitual Residence (NHR) scheme is a 10 year beneficial scheme of taxation introduced to encourage individuals to come to live and work in Portugal.

Provided certain conditions are met, the primary scheme benefits are:

a 10% flat rate on non-Portuguese sourced pension income. Some forms of UK pension income, generally government service pensions, will always be taxed in the UK
tax free interest and investment income generated outside of Portugal
tax free capital gains generated outside of Portugal
20% flat rate tax on earned income (self-employed or employed) for those with a qualifying profession. There is a prescribed list of qualifying professions

To meet the eligibility requirements, you:

must not have been tax resident in Portugal in the last 5 years
must have a permanent residence in Portugal. This residence can either be rented or owned

Applications for NHR must be submitted by the 31st March following your permanent arrival in Portugal.

If you are moving to Portugal, planning early is the key to favourably positioning yourself and obtaining NHR is highly advantageous as the tax savings can be very significant.

Having said this, whilst in the vast majority of cases NHR is beneficial, we have come across instances where NHR would have actually increased a clients’ tax liability.

Seeking advice is crucial and we welcome you to contact us.