Non-Habitual Resident

The tax regime for non-habitual residents, formally known as non-regular residents, was created with the approval of the Investment Tax Code, approved by Decree-Law n. 249/2009, of 23 September. It changed the rules of the Portuguese Personal Income Tax, by granting a set of tax exemptions and flat rate taxation for a period of 10 years, in order to attract to Portugal, expat professionals qualified in activities with high added value or intellectual, industrial or know-how, as well as pensioners and other passive income earners.

Tax benefits

Under the initial rules set in the NHR regime the following tax rates applied, in Portugal, to the income of those duly enrolled in it:

Types of Income	Taxation in Portugal on Income of national Source	Taxation in Portugal on Income from Foreign Source until 2020	Taxation in Portugal on Income from Foreign Source after 2020	Taxation In Portugal on Income from Blacklisted Jurisdictions
Pensions	Up to 48%	0%	10%	10%
Employment Income from High-Added Value Activities	20%	0%	0%	20%
Employment Income	Up to 48%	0%	0%	0%
Business or Professional Income from High-Added Value Activities	20%	20%	20%	20%
Business of Professional Income	Up to 48%	0%	0%	Up to 48%
Intellectual or Industrial Property Income	16,5% or 28%	0%	0%	16,5% or 28%
Capital Income	28%	0%	0%	35%
Rental Income	25%	0%	0%	25%
Capital Gains	28%	0%	0%	28%
Capital Gains	14,5% - 28%	0%	0%	14,5% - 28%
Trusts	28%	0%	0%	35%

Critics and reform

The above rules allowed for the double non-taxation on pensions, specially for those sourced in Scandinavian countries, such as Finland and Sweden, and in France. This situation lead to Finland and Sweden to revoke their taxation agreements with Portugal.
With the approval of the 2020 State Budget Law, by the Assembly of the Republic, the Portuguese Government addressed the vocal critics of other EU-Member States by implementing changes to the regime, namely regarding pension income.

Requirements

Under the Investment Tax Code rules, the regime is available to anyone who fulfilling the following conditions:

Be deemed resident on Portuguese territory for tax purposes, according to any of the following criteria in the year to be taxed as a non-habitual resident:
* Living more than 183, consecutive or not, days in Portugal in any period of 12 months starting or ending in the relevant year;
* When living in Portugal for an inferior period, having, in any day of the 12 months threshold, a house in such conditions that allow to presume the intention to hold and occupy it as his habitual place of residence;
* Is a crew member of a ship or aircraft on December 31, provided he is in the service of entities with residence, headquarters or effective direction in Portugal;
* Performs abroad functions or commissions of a public nature, at the service of the Portuguese State.
To have not been deemed resident on Portuguese territory during the five years prior to the year pretended to be taxed as a non-regular resident.

Upon application, the Portuguese Tax and Customs Authority might request proof of tax residency abroad, such as tax residency certificates, tax returns and tax settlement notices.

Statistics

Among the 27.367 beneficiaries, according to 2019 numbers, just over two thousand develop professions with high-added value, while the remaining were expat pensioners. The most common nationalities among pensioners were French, Italian, and Swedish.

What are the limitations of the NHR status?

The NHR status, while offering significant tax benefits, does have its limitations, such as:

Exclusion of many occupations from the regime
Can only apply to the individual
It’s non-extendable past the 10-year period