LIVING IN PORTUGAL
Our dedicated team of professionals are able to take care of your relocation to Portugal giving you a hassle free process by advising and manage with legal entities all the procedures and forms.
Privileged contacts with financial sector and lawyers able us to provide a smooth process to obtain a Non-Habitual Residence or Visa program.
Contact us for further details or to obtain a quote.
RESIDENCE PERMIT FOR INVESTMENT ACTIVITY
The Residence Permit for Investment Activity, known as Golden Visa, is a program that allows non-European Union citizens to obtain a residence permit in Portugal, provided that they complete and maintain one of the investment activities legally envisaged.
After granted the Residence Permit will allow its holder to enter and reside in Portuguese territory and to travel freely across Europe within Shengen Area. Holders of Residence Permit for Investment Activity have the right to family reunification, access to permanent residence permit and acquisition of Portuguese nationality, provided that legal requirements are met.
The investor who holds the Gold Visa benefits from the following advantages:
- Living and working in Portugal (with access to public and private schools, the public health system, justice and the courts, benefiting from equal treatment of national citizens by Social Security, as well as the tax benefits provided by law for Portuguese citizens);
- Free movement through the Shengen area (Austria, Belgium, Czech Republic, Estonia, Finland, France, Germany, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, The Netherlands, Poland, Portugal, Sweden and Switzerland);
- Minimum period of minimum stay in Portuguese territory (7 days, followed or interpolated, in the first year and 14 days, followed or interpolated, in each of the subsequent two-year periods);
- Possibility of family reunification (the spouse, minor children, dependent children, ascendant and siblings under certain legal conditions may benefit from this regime);
- Possibility of obtaining permanent residence, after 5 years of duration of this regime;
- Possibility of obtaining Portuguese citizenship, verified some legal requirements, after 6 years of validity of this regime.
WHAT FORMS OF INVESTMENT?
- Transfer of capital in the amount of 1,000,000 euros or more;
- Creation of at least 10 jobs;
- Acquisition of real estate property with a value equal to or above 500 thousand Euros (a reduction of 20% may apply for specific locations);
- With construction dating back more than 30 years or located in urban regeneration areas, for refurbishing, for a total value equal to or above 350 thousand Euros (a reduction of 20% may apply for specific locations);
- Capital transfer with a value equal to or above 350 thousand Euros for investing in research activities conducted by public or private scientific research institutions involved in the national scientific or technologic system;
- Capital transfer with a value equal to or above 250 thousand Euros for investing in artistic output or supporting the arts, for reconstruction or refurbishment of the national heritage, through the local and central authorities, public institutions, public corporate sector, public foundations, private foundations of public interest, networked local authorities, local corporate sector organisations, local associations and public cultural associations, pursuing activities of artistic output, and reconstruction or maintenance of the national heritage;
- Capital transfer of the amount of 350 thousand Euros, or higher, for the acquisition of units of investment funds or venture capital fund of funds dedicated to the capitalisation of companies, capital injected under the Portuguese legislation, whose maturity, at the moment of the investment, is, at least, of five years and, at least, 60% of the investment is realised in commercial companies with head office in national territory.
- Capital transfer of the amount of 350 thousand Euros, or higher, for constitution of a commercial society with head office in the national territory, combined with the creation of five permanent working jobs, or for the reinforcement of the share capital of a commercial society with head office in national territory, already existing, with the creation or keeping of working jobs, with a minimum of five permanent jobs, and for a minimum period of three years.
Portugues, EU and EEE national are not eligible for the ARI/Golden Visa Scheme
(Legal framwork: article 90-A of the REPSAE, in conjunction with article 56 of the RD 84/2007 as amended)
THE GOLDEN VISA IS VALID FOR HOW LONG?
After the issue, the Golden Visa has the initial validity of 1 year, and can be renewed twice for periods of 2 years and then obtained the permanent residence permit.
WHAT REQUIREMENTS MUST BE MET BY THE INVESTOR?
- Maintain the investment for a minimum period of 5 years;
- The funds to realize the investment must come from abroad;
- You must enter Portugal with a valid visa;
- Not be referenced in the Portuguese emigration services and in the emigration services of the Shengen Area;
- Not have been convicted of any crime;
- Minimum stay in Portugal: 7 days, followed or interpolated, in the first year and 14 days, followed or interpolated, in each of the subsequent two year periods.
IS IT POSSIBLE TO EXTEND THESE BENEFITS TO THE FAMILY OF THE INVESTOR?
Yes, the investor's family (spouse, minor children, dependent children, ascendants and siblings under certain legal conditions) may enjoy the same benefits.
- Valid passport
- Proof of entry and legal stay in Portuguese territory
- Proof of having held one of the types of investment in the country, previously mentioned
- Criminal Record Certificate
- Declaration on honor that commitment investor will comply with the legal requirements
- Negative Declaration of debt to the Tax and Social Security Authority or absence of registration in these entities
- Power of Attorney
- Portuguese Tax Identification Number
- Proof of Profession
- Bank Account
- Health insurance
- Biometric data
- Payment of the analysis rate of residence permit application
The request for obtaining or renewing the Gold visa must be made in person at the Foreigners and Borders Services (SEF), depending on the territory in which the investment is made.
TAX REGIME FOR NON-HABITUAL RESIDENTS
For a period of 10 years, taxation related to IRS (personal income tax) on labour income in Portugal is at a fixed rate of 20%
No double taxation for pension incomes or for employment and self-employment income obtained abroad.
HOW CAN YOU ACQUIRE NON-HABITUAL RESIDENT STATUS?
- Having not been a resident in Portugal for the last 5 years;
- Register at the local tax office as a tax resident in Portugal (to do so you must have remained in Portugal for more than 183 consecutive or non-consecutive days, or having remained for less time, having, at 31st December of that year, a home in such conditions that would lead to the assumption that it is intended to be kept and occupied as your habitual residence);
- The request for enrolment as a non-habitual resident must be made, electronically, on the Treasury Portal, after registering as a resident in Portuguese territory and until the 31st of March of the year following the year you became a resident in this territory.
WHAT IS THE TAXATION RATE AND INCIDENCE APPLICABLE TO DOMESTIC SOURCE INCOME?
In the case of dependent or independent work, the applicable tax rate is 20%.
Taxation applies to income derived from high added value activities of a scientific, artistic or technical nature:
- Architects, engineers and similar technicians
- Fine artists, actors and musicians
- Doctors and dentists
- Liberal professions, technicians and similar
- Senior managers
- Investors, directors and managers
Registration as a Non-Habitual Resident confers the right to be taxed as such for a period of 10 years as from the year of registering as a tax resident in Portuguese territory.
IN WHICH CASES IS FOREIGN INCOME OBTAINED BY NON-HABITUAL RESIDENTS IN PORTUGAL EXEMPT FROM TAXATION?
In the case of pensioners and retired people when:
- Income is taxed in the source State, in accordance with the convention to eliminate double taxation, signed by Portugal and that State; or
- Income is not considered to have been obtained through a Portuguese source, according to the criteria provided for in the IRS Code (personal income tax).
In the case of income derived from employment, when:
- Income is taxed in the State of origin, in accordance with the convention to eliminate double taxation, signed by Portugal and that State; or
- That income is taxed in another State with which Portugal has not signed any convention to eliminate double taxation, as long as the income is not considered to have been obtained in Portuguese territory, in accordance with the criteria in article 18 of the IRS Code (personal income tax);
In the case of income from self-employment (through the provision of services of a high added value, of a scientific, artistic or technical nature, or through intellectual or industrial property, investment income, rental income, capital gains income or other increases in equity), when:
- The income may be taxed in the source country, territory or region, in accordance with the convention to eliminate double taxation, or;
When no convention to eliminate double taxation has been signed, the OECD model convention may be applied (taking into consideration the observations and reservations made by Portugal) and as long as the source country, territory or region does not have a privileged tax regime, and as long as the income is not considered to have been obtained in Portuguese territory, in accordance with the criteria in article 18 of the IRS (personal income tax).