The Non-Habitual Resident (NHR) Portugal program is a tax regime that offers foreign residents and investors reduced tax rates and exemptions on some taxes. It was introduced in 2009 and updated in 2024.
The aim is to attract foreigners to Portugal. It proved to be very successful, with more than 10.000 non-habitual residents enjoying benefits in Portugal.
In this article, you’ll find information on how to become a Portugal Non Habitual resident and the following topics:
- New NHR (Non-Habitual Resident) Tax Regime: NHR 2.0 (IFICI)
- What are the Tax Benefits of the New NHR Program?
- Comparison Between Old NHR Regime and New NHR Regime
- Eligibility Criteria for the New Foreign Tax Regime of Portugal
- How to apply for NHR
Portugal’s NHR Scheme: Updates through Time
- October 2023: The announcement made by the Portuguese Prime Minister to eliminate the NHR regime in 2024.
- January 2024: The end of the old NHR regime, proposed by the Portuguese Government’s State Budget Proposal.
- November 2023: Voting for budget legislation and the introduction of the transitional tax regime before the end of the old NHR tax scheme in 2025.
- March 2024: 2023 Registered tax residents in Portugal who had not been taxed in the country in the last five years could apply for NHR by March 31, 2024.
- March 2025: Some still can apply for the NHR until March 31, 2025, with more precise eligibility requirements.
Applying for NHR Until March 31, 2025: What are the Eligibility Criteria?
- An employment contract signed or to be signed by December 31, 2023
- A lease agreement or other contract showing the use or possession of property signed by October 10, 2023
- A contract with the aim of buying a property in Portugal, signed by October 10, 2023
- Proving that your children are enrolled or registered in a school in Portugal by October 10, 2023
- A residence visa or a residence permit valid from December 31, 2023
- And a member of the household meeting the above conditions
If you meet these requirements, you can be qualified for the NHR status from the day you become a tax resident of Portugal. It does not matter whether in 2024 or in the first quarter of 2025 until December 31, 2033. However, the implications of the applications are still unclear, so please be informed that you may not be able to apply for the new NHR program until the regulations are made clear by the Portuguese government.
New NHR (Non-Habitual Resident) Tax Regime: NHR 2.0 (IFICI)
The new NHR tax regime of Portugal is called the Fiscal Incentive for Scientific Research and Innovation (IFICI) Program. It is created for highly qualified professionals who are moving to Portugal. Your relocation motivation can be for both residence and employment purposes to be qualified for the new NHR tax program.
With this new tax regime, you will be subject to a special 20% Personal Income Tax rate. It may be dependent or independent work-related income for a consecutive period of 10 years. It is important to remember that it is non-renewable.
Please note that the new regulations are still awaiting to be clarified.
What are the Tax Benefits of the New NHR Program?
The top advantage of this new program is the reduction of your personal income tax (PIT) rate on employment to 20%.
Moreover, you will be able to benefit from exemption from income tax on various foreign income sources as well as exemption from all foreign income sources except for blacklisted sources.
Foreign income sources are as follows:
- Employment
- Independent work
- Capital investment income (interest or dividends)
- Royalties
- Capital gains (excluded; please wait for the regulations to be announced for this to be clear)
- Real estate income or gains
Foreign pensions are notably absent from this exemption, and they will be subject to full taxation in Portugal at a rate of 14.5% to 53%, which is normal progressive rate.
Latest Announcements on the New NHR Program
Foreign pensions are notably absent from this exemption and they will be subject to full taxation in Portugal at 14.5% to 53% normal progressive rates.
Finance Minister of Portugal Joaquim Miranda Sarmento spoke to the Financial Times and stated that the new NHR regime would offer the 20% flat rate of income tax only covering “salaries and professional income.” So, it will exclude the foreign pensions.
Moreover, as per what Miranda says, the special tax advantages would also be applicable to those who are returning to Portugal, as Portuguese citizens who have lived abroad.
The NHR 2.0 offers a different perspective as it no longer provides tax relief for foreign-source pensions. However, it offers tax exemptions on foreign-sourced capital gains.
Nevertheless, the eligibility criteria for the new NHR program are still uncertain as it is still awaiting regulation.
Comparison Between Old NHR Regime and New NHR Regime
Let’s see the differences between Portugal’s old NHR regime and the new NHR program, IFICI:
New NHR tax regime (IFICI) in 2024 | Old NHR tax regime (ended on December 2023) | |
Conditions | ||
Residency Requirement | The applicant should not have been a tax resident in Portugal for the previous 5 years | The applicant should not have been a tax resident in Portugal for the previous 5 years |
Minimum Stay Requirement | There is no minimum stay requirement for the applicants | There is no minimum stay requirement for the applicants |
Validity Period | 10 years (non-renewable) | 10 years |
Types of Income | Tax Treatment | Tax Treatment |
Employment income (High-Value Added Activities) | Flat rate of 20% on eligible activities | Flat rate of 20% on eligible activities + eligible entities) |
Pension income | Excluded | 10% |
Rental income & Royalties | There is an exemption (depending on if it is taxable abroad under DTA or OECD Tax Model) | Exempt |
Dividends & Interest | There is an exemption (depending on if it is taxable abroad under DTA or OECD Tax Model) | Exempt |
Capital gains | Excluded as announced recently. Please be informed that this is still unclear, and the regulations are awaiting. | Exempt |
If you have the identified valuable skills and you will contribute to Portugal’s economic growth, you can benefit from IFICI program that offers significant tax benefits to foreign residents in Portugal.
Qualifications for the New NHR Program (IFICI) in 2024
- You can qualify for the new tax regime if you are a new resident in Portugal and you have not lived there in the past 5 years.
- If you have not participated in the previous NHR (Non-Habitual Resident) regime that ended in 2023 or the other “ex-residents” program.
Eligibility Criteria for the New Foreign Tax Regime of Portugal
The government planned this new program to focus on attracting professionals in specific areas.
- Higher Education & Research: Includes researchers with PhDs or those engaged in R&D projects inside Portugal’s scientific network.
- Technology & Innovation Centers: Directors or employees of Portuguese-based organizations that produce knowledge.
- Highly Qualified Professions: Professionals employed by particular businesses: Those that gain from Portugal’s investment support tax regime (RFAI).
- Companies in qualified industries that export at least 50% of their revenue.
- Jobs in Strategic Sectors: Positions within organizations that have been approved by IAPMEI or AICEP (public agencies that promote economic activity and innovation). Although specific industries have not yet been identified, businesses are probably headquartered and run in Portugal.
- R&D Personnel: Those whose research expenditures are eligible for the R&D tax incentive program (SIFIDE) in Portugal.
- Startups: Directors or employees of Portuguese startups who have been accredited and show a lot of development potential or have raised venture financing.
- Azores & Madeira: People who live in these areas and whose roles are specified by local laws. The details are expected to be declared soon.
Professions Regarded as High Added Value
Some professions are considered as a high added value to Portugal. These professions mainly have economic and cultural worth. So, individuals who practice one of the professions listed below are given generous tax exemptions:
Professions | ||
---|---|---|
General Managers | Executive Managers | Administrative Managers |
Commercial Managers | Production Managers | Specialized Services Managers |
Hospitality, Restaurant, Retail, and Other Services Managers | Specialist Physicists, Mathematicians, Engineers, and related Technologists | Medicine Doctors |
Dentists and Stomatologists | University and Higher Education Teachers | ICT Technologists |
Authors, Journalists, and Linguists | Creative and Performance Artists | Intermediate level Science and Engineering Technicians and Professionals |
ICT Technicians | Market-oriented Farmers and qualified Agriculture and Animal Husbandry workers | Market-oriented Forestry, Fisheries, and Hunting qualified workers |
Industry, Construction, and Handicraft qualified workers | Plant and Machine Operators and Assembly Workers |
The professionals listed on the list above should hold at least a level 4 qualification under the European Qualifications Framework, or level 35 of the International Standard Classification of Education, or five years of duly proven professional experience.
Tax on Foreign Source Income
Under the NHR regime, most of the beneficiaries’ income from a foreign source is exempt from taxation in Portugal for ten consecutive years. It means that if the income is from an external source, that has a DTA (Double Taxation Agreement) with Portugal, then the income will not be subject to taxation in Portugal.
- DTA (Double Taxation Treatment): It is a treaty between two or more countries, mainly to avoid double taxation of income and property. It aims to divide the taxation between the contracting countries in the right way, avoid tax evasion, secure the taxpayers’ rights, and avoid differences. You can find the list of countries that have DTA with Portugal:
Country | ||
---|---|---|
Algeria | Austria | Andorra |
Bahrain | Barbados | Brazil |
Bulgaria | Canada | Cape Verde |
Chile | China | Colombia |
Croatia | Cuba | Cyprus |
Czech Republic | Denmark | East-Timor |
Estonia | Ethiopia | Finland |
France | Germany | Georgia |
Greece | Guinea-Bissau | Hong Kong |
Hungary | Iceland | India |
Indonesia | Ireland | Israel |
Italy | Ivory Coast | Japan |
Kuwait | Latvia | Lithuania |
Luxembourg | Macau | Malta |
Mexico | Moldova | Montenegro |
Morocco | Mozambique | Netherlands |
Norway | Oman | Pakistan |
Panama | Peru | Poland |
Romania | Russia | San Marino |
São Tomé and Principe | Saudi Arabia | Senegal |
Singapore | Slovakia | Slovenia |
South Africa | South Korea | Spain |
Qatar | Sweden | Switzerland |
Tunisia | Turkey | United Arab Emirates |
United States of America | United Kingdom | Ukraine |
Uruguay | Venezuela | Vietnam |
Types of Foreign Source Income
Employment Income
Under the NHR Portugal regime, it is either exempt from tax, or it is taxed at a flat rate of 20% if it is not from one of the eligible professions.
Self-Employment Income
If it is from an eligible profession and it is from a country with a DTA (Double Taxation Agreement), it is tax-exempt. It can also be tax-exempt in the absence of a treaty under the OECD model tax convention (if the country is not a tax haven.) If it is not from one of the eligible professions, it is taxed at a standard progressive rate. It is also subject to social security contributions.
This type of income can also be taxed at a flat rate of 20%; however, the individual can pay the usual progressive tax if it is less than the flat rate.
Royalties and Income From Financial Assets
If the income comes from a country with a DTA, it is tax-exempt. It is also tax-exempt if it is from a country without a DTA but which isn’t a blacklisted tax haven. If the country is a blacklisted tax haven, then it is taxed at the rate of 28% or 35%.
Real Estate Income and Capital Gains
They are tax-exempt if:
- They come from a country with a DTA; or
- They come from a country without a DTA but which isn’t a blacklisted tax haven.
Capital Gains From the Disposal of Securities (shares, bonds, etc.)
If they are from a blacklisted tax haven, they will be taxed at an optional rate of 28%, or 35%.
Pension Income
If it comes from a country with a DTA, it is tax-exempt.
Tax on Portuguese Source Income
Employment Income
If it is not from the list of eligible professions, it is taxed at the standard progressive rate. However, if the employment is from the list of eligible professions, a 20% rate can be applied, or if the usual progressive rate is less, then the progressive rate can be used.
Self-employment Income
If it is not from the list of eligible professions, it is taxed at the normal progressive rate. However, if the employment is from the list of eligible professions, a 20% rate can be applied, or if the usual progressive rate is less, then the progressive rate can be applied.
Real Estate Income and Capital Gains
- Rental income is taxed at the rate of 28% (optional rate) or otherwise at normal progressive rates.
- Net capital gains are taxed at a rate of 50%, at the normal progressive rates.
Pension Income
It is taxed at the usual rates.
How To Apply for the NHR Portugal
Here’s our guide for you on how to become a non habitual resident in Portugal:
Step 1: Residency Proof
The first step is to prove that you have the legal right to reside in Portugal.
Citizens of EU/EEA/Switzerland can register without a visa. They can register for residency in their region’s city hall. They must bring their passport and EHIC Card for the procedure. They will be asked for their current address too, but they don’t need to prove that.
Non-EU citizens must first receive a residence permit so that they are allowed to settle in Portugal. They can obtain the permit in different ways, but the two most common methods are via the Golden Visa Program or Passive Income. They can do that either online (on the site “SEF”) or in their country’s Portuguese embassy.
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Step 2: Getting a NIF Number (Portuguese Tax Identity Number)
A NIF number is a nine-digit, tax identity number necessary to obtain, especially if one intends to do business or other official or legal activities in Portugal. While non-residents can get it through their representative/lawyer in Portugal, residents in Portugal can directly do it in the finanças (local tax offices). To do it, you need an ID card/passport and proof of residency.
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Step 3: Registering as a Tax Resident in Portugal
After you obtain your NIF, you must register as a tax resident in the finanças. You can use our Portugal IMT Tax Calculator as a simulator.
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Step 4: Application for NHR
You must first register at the corresponding government website. To register, you will need a NIF number, email address, phone number, and fiscal address. Once registered, you will receive a password by post in around two weeks. You can then complete the application site. For that, you need to submit the below documents:
- A document that states you were not a tax resident in Portugal in the preceding five years
- The past five years’ tax returns
- A rental agreement or a deed of a property in Portugal
The Portuguese DTA and The UK
Now that Brexit is in full force, the rights of UK citizens with residency in Portugal, are still protected as is.
Get Golden Visa: Who We Are and What We Do
We have a local office in Lisbon, Portugal with legal professionals and chartered real estate professionals on our team.
We work with clients from all around the world, interested in obtaining Portugal Golden Visas, applying for NHR in Portugal, or making real estate investments in Portugal.
Portugal’s Old NHR Program
Starting from January 1, 2024, individuals who become new tax residents will no longer be eligible to enroll in the NHR regime. However, individuals who were already enrolled in the NHR regime as of December 31, 2023, continued enjoying its benefits for the remaining duration of their 10-year eligibility period.
The Old NHR Tax Regime Program
The Old NHR Status Portugal: Advantages
The advantages of the NHR Program in Portugal include:
- Income tax: special individual tax treatment on incomes for a period of 10 years
- Tax Exemption on almost all foreign sources of income
- Compared to other Portuguese income tax rates up to 48%, this program offers a 20% flat rate on certain Portuguese-source incomes (from qualifying professions and from self-employment)
- Opportunity to have tax residency within the EU in a white-listed country
- Exemption of tax on gifts or inheritance to family members
- No wealth tax
- Free cash remittance to Portugal
Eligibility: Who Can Be a Non Habitual Resident
Below are the NHR Portugal requirements:
- You must have the right to be a resident in Portugal by being an EU/EEA/Swiss citizen or via the Portugal Golden Visa Program, and
- You should not have been a Portuguese tax resident in the preceding five years
To establish a tax resident status in Portugal, you must hold a place of abode by the 31st of December of that year to show your intention that Portugal will be your habitual home.
It can be useful to buy a Portuguese property, but you don’t have to. A Portuguese rental contract of 12 months will be sufficient as proof of residency. If you decide to buy a property, you can show your purchase deed as proof of being a resident.
NHR and Portugal Golden Visa
Individuals who have the right to be a resident in Portugal through the Golden Visa Program can apply for the Non-Habitual Resident program. Portugal Golden Visa program is a residency by investment program and grants you to live and work in Portugal.
Frequently Asked Questions About the NHR Regime
How can I follow the update of my application status?
If you have done your registration online, you can follow your application status on this website – Aceda aos Serviços Tributários – Consultar Pedido – Inscrição Residente Não Habitual.
For how long should I wait for my application result for NHR tax Portugal?
You will learn the result of your application within a few weeks.
When should I apply for the NHR Portugal 2022?
You must apply for it before the 31st of March of the tax year when you became a tax resident in Portugal.
Is there an inheritance tax if I get an NHR visa Portugal?
In Portugal; spouses, direct descendants, and ascendants are exempt from inheritance tax of any kind. For the others, there is a 10% stamp duty on Portuguese assets.
How can I calculate my tax according to my income?
You can check it from the updated Portuguese tax list below:
Income (€) | Tax Rates (%) | Band (€) | Tax On Band (€) | Cumulative Tax (€) |
---|---|---|---|---|
0 – 7,091 | 14.5 | 7,091 | 1,028 | 1,028 |
7,092 – 10,700 | 23 | 3,608 | 830 | 1,858 |
10,702 – 20,261 | 28.5 | 9,561 | 2,725 | 4,583 |
20,262 – 25,000 | 35 | 4,738 | 1,658 | 6,241 |
25,001 – 36,856 | 37 | 11,655 | 4,386 | 10,627 |
36,857 – 80,640 | 45 | 43,783 | 19,702 | 30,329 |
Over 80,640 | 48 | – | – | – |
Is there a wealth tax in Portugal?
There is, but it is quite low and only affects the individuals who have a property at a value of more than €600,000 (for married couples and civil partners, it is €1.2 million).
How long can I benefit from the NHR regime?
You can benefit from it for 10 years; then you will be taxed in accordance with the standard IRS regime.
What will be my obligations as a non-habitual tax resident?
You have to file annual tax returns in Portugal, and the total worldwide income and expenses must be included in these returns.
Contact us and talk to one of our experienced team members to help you with any and all your questions.
What is NHR Portugal minimum stay?
To be eligible, you have to be a resident in the country and stay there for at least 183 days. You have the option of making it sequential or not.
What are NHR Portugal requirements?
There are two basic requirements to be eligible for Portugal NHR program:
- You have the right to be a resident in Portugal. This is possible for EU/EEA/Swiss citizens or for those who have obtained residency in the country through various schemes, such as Portugal Golden Visa Program.
- You’ve not been a tax resident in Portugal in the preceding five years.
Is NHR Portugal crypto available?
There is no separate NHR Portugal crypto program but crypto investors can apply to benefit from Portugal Non Habitual resident tax scheme if they’re ready to move their tax residency to Portugal.
Can I become eligible for Portugal non habitual resident tax scheme as a US citizen?
Yes, as long as you meet the other requirements, such as residency, you can be eligible for NHR status Portugal.