Taxation

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Private Individual

Taxes to Be Paid When Acquiring Property in the Algarve

1. IMT (Imposto Municipal sobre Transmissões Onerosas de Imóveis) - Property Transfer Tax:

  • The IMT is levied on the purchase price or on the property tax’s value, whichever is greater.
  • Residential Property: The IMT rate varies depending on the property's value and whether it is a primary or secondary residence. For primary residences, the rates range from 0% to 7.5%, while for secondary residences, the rates range from 1% to 7.5%.
  • Rustic land: a flat rate of 5% applies;
  • Non-Residential Property: a flat rate of 6.5% applies.
  • There is a sliding scale for primary residences, starting at 0% for properties up to €101,917 and going up to 7.5% for properties over €1,102,920 (2024 values).

2. Stamp Duty (Imposto do Selo):

  • This is a fixed rate of 0.8% on the purchase price of the property or on the property’s tax’s value, whichever is greater.

3. Notary and Registration Fees:

  • These fees vary but typically range from a few hundred to over a thousand euros. They cover the cost of the notary public and the registration of the property with the Land Registry.

Annual Property Tax

1. IMI (Imposto Municipal sobre Imóveis) - Annual Municipal Property Tax:

  • This tax is levied annually based on the property's tax value (Valor Patrimonial Tributário). The rates typically range from 0.3% to 0.45% for urban properties, depending on the municipality. Rural properties are taxed at 0.8%.

2. AIMI (Adicional ao Imposto Municipal sobre Imóveis (AIMI) – Additionial Annual Municipal Property Tax:

  • This sliding tax of 0.7% - 1.5% is additional to IMI and is levied on the property’s tax value in case a person has a real estate patrimony larger than 600,000 euro.

Capital Gains Tax When Selling Property

1. Capital Gains Tax (CGT):

  • Residents: For individuals considered residents in Portugal, 50% of the capital gain is taxable. The gain is added to other income and taxed at the applicable income tax rates (IRS)
  • Non-Residents: Non-residents are taxed similar to residents, taking into account the person’s global income
  • Primary Residence Exemption: If the property sold is the seller’s primary residence and the proceeds are reinvested in another primary residence in Portugal or the EU/EEA within 36 months, the gain may be exempt from tax.
  • Alojamento Local: a specific tax regime apply in case the property has been used for short term holidays in the last 3 years.

2. Calculation of Capital Gains:

  • Capital gains are calculated as the difference between the sale price and the acquisition cost, adjusted for inflation and any documented property improvements.
  • Certain deductions can be applied, such as costs related to the acquisition and sale of the property (notary, registration fees, and real estate agent commissions).

3. Reporting and Payment:

  • Capital gains must be declared in the annual income tax return for the year in which the property was sold.
  • Taxes owed on the gain must be paid according to the payment schedule set by the Portuguese tax authorities.

Corporate ownership of real estate

Taxes to Be Paid When Acquiring Property in the Algarve

1. IMT (Imposto Municipal sobre Transmissões Onerosas de Imóveis) - Property Transfer Tax*:

  • Same as the Private Individual above unless the company is located in a tax haven (10%)

2. Stamp Duty (Imposto do Selo):

  • Same as the Private Individual above

3. Notary and Registration Fees:

  • Same as the Private Individual above

Annual Property Tax

1. IMI (Imposto Municipal sobre Imóveis) - Annual Municipal Property Tax:

  • Same as the Private Individual above, unless the company is located in a tax haven (7.5%)

2. AIMI (Adicional ao Imposto Municipal sobre Imóveis (AIMI) – Additionial Annual Municipal Property Tax:

  •  AIMI of 0.4% is additional to IMI and is levied on the property’s tax value, unless the company is located in a tax haven (7.5%). If the property is residential and used by any of the shareholders, the AIMI for private individuals applies without any thresholds

Capital Gains Tax when selling the shares of a white listed company

1. Capital Gains Tax (CGT):

  • Residents: 28% capital gains tax
  • Non-Residents: according to the fiscal framework in the country of domicile

Capital Gains Tax when selling the property within a white listed company

1. Capital Gains Tax (CGT):

  • Resident company: according to the company tax rate in Portugal (17% - 21%)
  • Non-Resident company: 25% capital gains tax

*whenever shares or quotas of a Portuguese company are bought and more than 50% of assets of that company’s balancesheet are composed out of residential properties located in Portugal, then IMT may be due on the transfer of such shares or quotas.

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