Non-habitual residents in Portugal FRAMEWORK AND CONDITIONS

Similar documents
Non-habitual residents in Portugal FRAMEWORK AND CONDITIONS

Non-habitual residents in Portugal FRAMEWORK AND CONDITIONS

Non-habitual residents in Portugal FRAMEWORK AND CONDITIONS

Real Estate Investment: Main Tax Issues

Legal Support for Credit Intermediaries

Lisbon Investments & Avenida Luxury Retail Projects. Lisbon at the heart of great business

The fight against money laundering and terrorist financing HOW TO COMPLY WITH THE NEW RULES

«BARRISTER-STYLE» SERVICE. One partnership, countless advantages.

SPECIAL TAX REGIMES IN PORTUGAL: THE NON-HABITUAL TAX RESIDENT REGIME

Expat Consulting Portugal

THE PORTUGUESE NON- HABITUAL RESIDENT TAX REGIME

THE PORTUGUESE NON-HABITUAL TAX RESIDENT (NHR) REGIME

GLOBAL OPPORTUNITIES SPAIN. DAVID SARDA TAX PARTNER, BDO SPAIN MIAMI /NEW YORK MAY 2018

Europe's Best Kept Secret

WHY INVEST IN LISBON? Market overview 2017

Europe s best kept secret Individual Taxation

THE DEFINITIVE GUIDE TO NON HABITUAL RESIDENCY IN PORTUGAL

GLOBAL OPPORTUNITIES SPAIN

Gibraltar & Taxation. the people the service the quality

Tax Guide 2018 PLMJ TAX

International Tax Portugal Highlights 2018

Destination Ireland. Private Wealth Immigration Ireland s Immigrant Investor Programme. Dublin London New York Palo Alto

Living abroad the main tax rules

Fiscal law for residentes não habituais

1 O u r P h i l o s o p h y C u s t o m e r s S a t i s f a c t i o n!

International Tax Croatia Highlights 2018

OECD Model Tax Convention on Income and on Capital (Condensed version 2010) and Key Tax Features of Member countries 2010

Blacktower Group Tax in Portugal. Our advice, your advantage

Switzerland. Investment basics

PERSONAL INCOME TAX NON-REGULAR TAX REGIME FOR NON-REGULAR RESIDENTS (NHR)

LUMP SUM TAXATION IN SWITZERLAND, CANTON TICINO

International Tax Germany Highlights 2018

MOVING TO PORTUGAL SEMINAR. Planning for a Tax Efficient Future

NZ Audit Limited. Chartered Certified Accountants

Greece. Capital city: Athens. GDP/capita 2015: USD Telephone code: +30. Language: Greek. National day: March 25th and october 28th

THE PORTUGUESE NON HABITUAL RESIDENT (NHR) and GOLDEN VISA (GV) programmes

Corporate Structures for Internationally Mobile People

Doing business in the UK. Expansion into the UK - Considerations for US investors. Nick Farmer ACA CTA ATII

Frequently asked questions on: Single page for Double Taxation. Cross-border workers, Migrant workers and Pensioners

TAX FACTS løggildir grannskoðarar

M.Meilak & Associates TAX ADVISORS & ACCOUNTANTS. Taking up Residence in Malta

Fiscal law for residentes não habituais

Christmas Webinar. Residency Permit for Investment in Portugal

Tax Memento Luxembourg 2018

International Tax Belgium Highlights 2018

PRIVATE WEALTH One of the UK s largest specialist teams

Austria Individual Taxation

International Tax Colombia Highlights 2018

International Tax Greece Highlights 2019

Working with you in the Cayman Islands

NON-HABITUAL TAX RESIDENTS REGIME

Dutch tax system and planning opportunities

International Tax Slovenia Highlights 2018

KEY GUIDE. Living abroad the main tax rules

Belgium and Spanish IFA Branches Meeting. General guidelines of Spanish Tax Treatment of Expatriate Taxpayers. Outbound Immigration.

DOING BUSINESS IN THE CZECH REPUBLIC

International Tax Spain Highlights 2018

Cyprus EU Citizenship By Investment

International Tax Law Conflicts on Residence of Individuals & Spanish Impatriate Tax Regime

PORTUGAL AS A PLATFORM OF INVESTMENT

United Kingdom. I. Taxes on Corporate Income

Cyprus: A dynamic business and investment centre INTAX FORUM

International Tax Greece Highlights 2018

International Tax Albania Highlights 2018

International Tax Lithuania Highlights 2017

Mexico. Investment basics

PORTUGAL AS A PLATFORM OF INVESTMENT. January 2017

Double Taxation Relief

ISRAEL COUNTRY REPORT. By: Alon Kaplan, Adv., Tel Aviv, Israel. Shai Dover, C.P.A (Isr.), Rosh Pinna, Israel

TAX INFORMATION INTERNATIONAL DOUBLE TAXATION IN PORTUGAL. PLMJ Sharing Expertise. Innovating Solutions. February 2012

Setting up business in... Spain

International tax law conflicts on residence of individuals

INTERNATIONAL BUSINESS ASSOCIATION GENERAL RAPPORTEURSHIP COLOMBIA

FOREWORD. Tunisia. Services provided by member firms include:

Public Distribution of the Shares of the Company in Luxembourg

US Tax and Reporting Compliances affecting Indian Americans

On the map with Aircraft Leasing

Leading Residence by Investment and similar programs. September 28-29, 2017

ORDINARY TAXATION OF INDIVIDUALS IN SWITZERAND, CANTON TICINO

The Netherlands. Arcagna Attorneys at Law & Tax Advisers Arnold van der Smeede

Bermuda Office OFFICE DESCRIPTION. Canon s Court 22 Victoria Street PO Box HM 1179 Hamilton HM EX Bermuda

01 LUXEMBOURG LIFE ASSURANCE P A RESOLUTELY INTERNATIONAL OUTLOOK P OPTIMAL PROTECTION P EXPERTISE & INNOVATION P.

Exchange Traded Funds (ETFs)

Hermes Investment Funds Public Limited Company

Taxation of Sportsmen & Sportswomen

International Tax Slovakia Highlights 2019

Latvia. Capital city: Riga. GDP/capita 2015: USD Telephone code: Language: Latvian. National day: May 4th. Superficy: km 2

Global Transfer Pricing Review kpmg.com/gtps

Succession planning in the new EU environment

A yacht is a significant investment made up of time, effort and money; placing it in a carefully structured ownership entity can offer a number of

Private Wealth Services Looking beyond

Women in Tax Leaders

International Tax Brazil Highlights 2019

New Luxembourg tax measures Luxembourg tax alert

Capitalised terms used but not defined herein have the meanings assigned to them in the Prospectus.

Foreigners coming to Belarus 2013

FOCUS INTERNATIONAL. October 2015 Cyprus edition. New legislation opens Cyprus for more business. Cyprus citizenship and residency schemes

TAX CORPORATE SERVICES ACCOUNTING

Country Tax Guide.

Cyprus Tax Booklet 2018

Transcription:

Non-habitual residents in Portugal FRAMEWORK AND CONDITIONS 1

The lawyers provide an excellent level of attention to the client and demonstrate a superb knowledge of the market and the latest legislation. Client reference from Chambers and Partners. 2

The lawyers of this practice have professional experience and specialist training. This enables them to respond efficiently to their clients needs for assistance in tax matters. PLMJ, Trusted Partner As a reference for legal practice in Portugal and internationally, PLMJ stands out for its dedication to its clients, its dynamism, its capacity for innovation and the quality of its services. PLMJ is a full-service firm that is highly specialised and focused on adding value to its clients activities. With its high ethical standards, PLMJ is cohesive, united, competitive and equipped to provide first class legal services. 15 LAWYERS WHO SPECIALISE IN TAX LAW OVER 45 YEARS OF EXPERIENCE NATIONAL AND INTERNATIONAL COVERAGE PREMIUM LEGAL SERVICES KNOW-HOW & EXPERTISE CLIENT FOCUS 24/7 ACCESS 3

The lawyers provide an excellent level of attention to the client and demonstrate a superb knowledge of the market and the latest legislation. Client reference from Chambers and Partners. What is the non-habitual resident scheme The non-habitual resident tax scheme (NHR) is a scheme established under Portuguese tax law that allows individuals to benefit from a special tax status for a period of 10 years. What are the conditions to benefit from the NHR 1. YOU MUST NOT HAVE BEEN A TAX RESIDENT IN PORTUGAL IN THE LAST 5 YEARS 2. YOU MUST TAKE UP TAX RESIDENCY IN PORTUGAL, WHICH IMPLIES: Residing in Portugal for 183 days every year; If you reside here for a shorter period, you must have your habitual tax residence in Portugal on 31.12 and maintain your centre of vital interests in the country. Steps to obtain NHR status 1. OBTAIN A PORTUGUESE TAXPAYER NUMBER 2. MAKE AN APPLICATION TO THE PORTUGUESE TAX AUTHORITIES BY 31 MARCH OF THE YEAR FOLLOWING THE ONE IN WHICH YOU BECAME A TAX RESIDENT AND THE STATUS IS GRANTED AFTER INDIVIDUAL CONSIDERATION BY THE TAX AUTHORITIES. 3. ON AVERAGE, APPLICATIONS FOR NHR STATUS ARE PROCESSED IN AROUND 6 MONTHS (WITH RETROACTIVE EFFECT TO THE BEGINNING OF THE TAX YEAR OF TAX RESIDENCE) 4

Rates applicable under the NHR scheme SOURCE OF INCOME INCOME In Portugal Abroad SALARY 20% (+3,5%) CONDITIONS Salary earned in Portugal: the reduced rate only applies in the case of high added value activities (see note) Salary earned abroad: exempt if actually taxed in the source State PENSIONS Taxed at variable rates up to 48% + surcharges Pensions earned abroad: the exemption only applies when the pensions are not considered to be earned in Portugal BUSINESS INCOME 20% (+3,5%) Exempt Income earned in Portugal: the reduced rate only applies in the case of high added value activities Income earned abroad: exempt only for high added value activities and as long as the income may be and is not actually taxed in the source State under a double taxation treaty or under the OECD model convention and, in the latter case, the income is not from an off-shore source INCOME FROM REAL ESTATE INTEREST DIVIDENDS CAPITAL GAINS 28% (with the exception of royalties) Income earned abroad: exempt under the same conditions as long as the income may be taxed in the source State under a double taxation treaty or under the OECD model convention and, in the latter case, the income is not from an offshore source ROYALTIES Other taxes NOTE: High value added activities include, among others, architects, engineers, auditors, medical doctors, IT specialists, company s directors and managers with binding powers. WEALTH TAX Does not apply in Portugal. OBLIGATION TO DISCLOSE ASSETS This does not apply, with the exception of the obligation to disclosure the IBAN of bank accounts held outside Portugal into which taxable income is paid. INHERITANCE AND GIFT TAX Gifts are taxed in Portugal by applying stamp duty at the rate of 10%. However, transfers between parents and children and between spouses are exempt. 5

How can PLMJ help? The lawyers of PLMJ s real estate practice specialise in providing legal assistance in relation to: ANALYSIS OF THE ACTUAL TAX SITUATION OF EACH APPLICANT FOR NHR STATUS SUPPORT IN OBTAINING A TAXPAYER NUMBER AND NHR STATUS ASSISTANCE WITHIN THE PROCESS OF DOMICILIATION IN PORTUGAL Purchase or letting of real estate, assistance regarding the granting of a residence permit under EU or the golden visa regime, health care support, transfer of car registrations and the respective tax implications in Portugal. COMPLETION AND FILING OF TAX AND SOCIAL SECURITY DECLARATIONS Key contacts JOÃO MAGALHÃES RAMALHO Partner, Head of Tax Practice Tel.: (+351) 213 19 7 369 joao.magalhaesramalho@plmj.pt MIGUEL C. REIS Partner, PLMJ Oporto Office Tel.: (+351) 226 074 235 miguel.c.reis@plmj.pt VASCO FRANCO Senior Associate, PLMJ Faro Office Tel.: (+351) 289 887 639 vasco.franco@plmj.pt 6

It is a pleasure to work with these lawyers; they have deep expertise and provide clear and structured advice. Client reference from Chambers and Partners. Awards and Recognitions IBERIAN LAW FIRM OF THE YEAR The Lawyer European Awards 2012, 2015 PORTUGUESE LAW FIRM OF THE YEAR Chambers European Excellence Awards 2009, 2012, 2014 TOP 50 - MOST INNOVATIVE LAW FIRMS IN CONTINENTAL EUROPE Financial Times - Innovative Lawyers Awards 2011, 2014 The Lawyers of this team are internationally recognized as leaders in tax pratice. 7

FOLLOW US ON LINKEDIN September, 2014 http://www.linkedin.com/company/plmj www.linkedin.com/company/plmj-international-legal-network THE WORLD OF PLMJ ON ONE SITE Visit www.plmj.com and register to have access to informative notes, investment guides, seminars, conferences, business breakfasts, exhibitions and other news and events of interest. www.plmj.com www.plmjnetwork.com