Non-Habitual Residence (NHR) regime: Losing the habit?Leave a Comment
Non-Habitual Residence (NHR) regime – Introduction
The Portuguese Prime Minister announced an intention to terminate the “Non-Habitual Resident” taxation regime (‘NHR Regime’).
This has been an attractive and popular tax regime that provided tax benefits to non-residents moving to Portugal.
On 10 October 2023, the Draft State Budget Law proposed the end of the NHR Regime from 1 January 2024.
This means that individuals acquiring tax residency in Portugal or holding a Portuguese residence permit until 31 December 2023, can still apply for the NHR Program.
The final draft law is expected to be available by the end of November 2023.
The practical issues are perhaps, refreshingly simple.
Those individuals wishing to benefit from the NHR Regime must establish tax residency in Portugal before December 31st, 2023, and submit the NHR application promptly.
As such, there is a feel of an ‘Everything Must Go’ style fiscal sale in the offing.
The 2024 Draft State Budget Law
Under the 2024 Draft State Budget Law, individuals relocating to Portugal between 1 January 2024, and 31 December 2026, who haven’t resided in Portugal in the previous 5 years, are eligible for a 50% deduction on taxable income, up to a maximum of €250,000 for 5 consecutive years.
Standard progressive tax rates apply to the remaining taxable income, and foreign-source income may be taxable in Portugal. Contractors and freelancers may have additional deductions during the first and second years.
In addition, a new taxation regime, available for 10 years, will apply to individuals who have not resided in Portugal for the past 5 years.
It’s limited to university professionals, scientific research, income from companies with contractual tax benefits for productive investment projects, and income from companies under the R&D tax incentives system (SIFIDE) paid to individuals with a PhD.
Under this regime, foreign-source income (except pensions) will be exempt, and a flat 20% tax rate will apply to employment and self-employment income. Those benefiting from the NHR or the 50% exclusion regime are not eligible.
Other Regimes for Tax Residents in Portugal
The Portuguese Personal Income Tax Code offers an attractive regime for income generated through life insurance or pension funds.
Regular investment income is taxed at a flat rate of 28%, with portions of income from life insurance or pension funds being exempt under certain conditions.
Other efficient taxation arrangements can be considered on a case-by-case basis.
Please note that this information is subject to change based on the final draft law.
Other regimes around the world
Of course, there are other jurisdictions around the world happy to accommodate mobile, wealthy, and tax savvy individuals.
Cyprus and Italy both offer attractive ‘non-dom’ regimes for individuals.
Jurisdictions like the UAE continue to offer welcoming low or nil personal tax rates.
If you have any queries about the Non-Habitual Residence (NHR) regime, Portuguese tax, or tax matters in general, then please get in touch.