Selling your main home in Portugal
If you are a Portuguese tax resident and sell your main home in Portugal, it may come as a shock that capital gains tax is due on the sale (unless the property was purchased before 1st January 1989, in which case no capital gains tax applies).
When calculating the gain, you can deduct costs such as legal and agent fees, and if the property was held for more than 2 years you can apply inflation relief. 50% of the resulting gain is added to your other income in the tax year and taxed at scale rates of tax (13.25% to 48%, plus solidarity tax).
Despite the potential for high taxation, if the property sold was your main home, there are two reliefs you can take advantage of to reduce or eliminate your tax bill:
- Reinvest the net sale proceeds into another main home in Portugal, or EU/EEA;
- Reinvest the net sale proceeds in an approved long-term savings plan or pension; or
- Use a combination of the above 2 options. This is useful if you wish to downsize.
Any portion of the sale proceeds not reinvested will be taxed.
In order to qualify for the reliefs there are certain conditions that must be met, such as timescales and reporting to adhere to.
Reinvestment into long-term savings or a pension
The above is all well and good if you want to buy a new property valued at the same price as the property you sold, but what if you do not?
The Portuguese government introduced a relatively new relief allowing you to reinvest the proceeds, or a part of the proceeds, in a long-term savings plan or pension, rather than another property.
Again, there are certain rules in order to qualify, but this can be a particularly advantageous option for those wishing to downsize and therefore can use a combination of the reliefs, or move outside of the EU/EEA e.g. back to the UK.
Again, in order to qualify there are conditions and rules that must be met, the most important being that the reinvestment is done within 6 months of sale.
Whether a pension or a long-term savings plan is right for you will depend on your personal circumstances and the structure must qualify in order to obtain the tax relief, so it is important to take advice.