Social security tax

Gift, wealth, estate, and/or inheritance tax

Real estate tax

Sales/VAT tax

Unemployment tax

Other taxes

Are there social security/social insurance taxes in Portugal? If so, what are the rates for employers and employees?

Employer and employee

*Portuguese residents and non-resident employees in Portugal are liable for social security contributions at a rate of 11 percent on their gross remuneration (9.3 percent for board members who are not “Administradores” or “Gerentes”). For the other side, the employers are liable for social security contributions at a rate of 23.75 percent on the same gross remuneration (20.3 percent for members of the board who are not “Administradores” or “Gerentes”).

Some items may not be assessable to social security contributions such as the following:

• irregular performance premiums
• profit sharing
• tuition for children
• allowances for health expenses.

There are three main types of exceptions to the payment of social security contributions in Portugal: those derived from the EU Rules 1408/71 and 2001/83 (EU residents and residents in third countries/jurisdictions where these regulations are applicable), those derived from Portugal’s social security treaties and those derived from internal rules in international assignments. In general terms, foreign employees assigned to work in Portugal for an estimated period of less than 1 year will continue to pay social security contributions in their home country/jurisdiction. Under these special assignment rules, the period of exemption of Portuguese contributions may be extended for a further year. Should authorities of the two countries/jurisdictions enter into an agreement the exemption can be granted initially for a longer period, but normally up to a maximum of 5 years. Some exemptions are also available for individuals working in more than one country/jurisdiction.

The Portuguese authorities have started to accept exemption in cases other than the two above referred. The exemption process is analyzed on a case-by-case basis.

According to the real estate taxation reform, gift and inheritance tax has been revoked since 1 January 2004. As a result, all actual and effective transfer of assets, located in the Portuguese territory, to individuals, will be liable to stamp tax at a 10 percent flat tax rate.

However, gifts (during lifetime or upon death) to the donor’s spouse, descendants and ascendants are tax-exempt.

Yes. Municipal property tax is levied on the patrimonial value of urban and non-urban property located in Portuguese territory and it is assessed annually considering the property's patrimonial taxable value. This tax is assessed on the value of the property, as determined for tax purposes. The tax rates are 0.8 percent for rural property and range from 0.3 percent to 0.45 percent for urban property.

Yes, value-added tax applies on the following:

• supply of goods and rendering of services carried out in the Portuguese territory (in an onerous way)
• imports of goods
• intra-community acquisition of goods.

There are three different VAT rates are as follows:

• reduced: correspondent to 6 percent (applied in general to basic food products, pharmaceutical products, electricity, and so on)
• intermediate: correspondent to 13 percent (applied in general to wine, and so on)
• normal: correspondent to 23 percent (applied to the remaining goods and services not subject to the above rates).

No.

Are there additional taxes in Portugal that may be relevant to the general assignee? For example, customs tax, excise tax, stamp tax, and so on.

Stamp tax

According to the real estate taxation reform, gift and inheritance tax has been revoked since 1 January 2004. As a result, all actual and effective transfer of assets, located in the Portuguese territory, to individuals, will be liable to stamp tax at a 10.8 percent flat tax rate..

Local taxes

There are no local taxes imposed on the income of individuals. There is, however, a local tax on immovable property as referred to above (Real estate tax).

Property transfer tax

A property transfer tax (IMT) is assessed on onerous transfer of ownership rights, or limited rights, in real estate located in Portuguese territory, as well as on legal actions economically comparable to these transmissions.

IMT is due, namely, in the following situations:

• sale agreements of real estate (on delivery)
• leases which contain contractual clauses under which the leased goods become the tenant's property after all the lease rentals have been paid
• lease or sub-lease for a period that exceeds 30 years
• acquisitions of quotas of certain forms of companies that hold real estate, resulting in the ownership of such companies, or, when the ownership is limited to two people, by spouses when married under the community of goods regime (general or acquired)
• sale agreements which contain clauses under which the purchaser may transfer their contractual position to third parties
• grants of irrevocable powers of attorney that empower the transfer of ownership rights in real estate or of quotas mentioned above
• assignment of contractual position or resale adjustment.

IMT is levied on the value of the act or of the contract or on the patrimonial value of the assets, whichever the highest.

The IMT rates are as follows.

Exemptions

Some exemptions may apply. For example

• In case of acquisition of property for first permanent dwelling, provided that the value of the building that would be subject to IMT does not exceed EUR 92,407;
• In case of acquisition of property to be rehabilitated (construction to start within 3 years after the purchase). The building must have been built at least 30 years ago or be located in areas of urban rehabilitation.

Is there a requirement to declare/report offshore assets (e.g. foreign financial accounts, securities) to the country/jurisdiction’s fiscal or banking authorities?

Resident taxpayers are required to identify any foreign bank accounts held (the IBAN and Swift code) in the income Portuguese tax return (specifically in appendix J), regardless of having received any income from such account or not.