Ask A Question  | Learn more about Portugal

What would be our tax situation if we move to Portugal as United States citizens?

My wife and I would like to move to Portugal. I am trying to determine our tax situation. She would work remotely in her current position as administrator of donor records for a non profit that has no presence in Portugal. Would we qualify for NHR status? Would her employer have any obligations in Portugal? If we don’t qualify for NHR, what tax rate would we likely pay on $80000 of income? Would we also have to pay social security tax in Portugal if we are paying in USA?


Answers
  • Global Citizen Solutions
    December 18, 2023

    As you probably know already, the NHR will be terminated soon. For situations in which you do not yet have any connection with Portugal, the necessary step will be to at least make a visa appointment with the consulate in 2023. If there are no vacancies available, simply request an appointment to become eligible for the transitional period to obtain NHR in 2024. Regarding the tax impact, if you live in Portugal, you will necessarily become a tax resident and, as such, submit your tax return in Portugal in relation to your worldwide income. Thus, you will have to request the application of the double taxation agreement (DTA) to avoid being taxed in both countries. The agreement determines which country will tax each income and, therefore, you can avoid taxation in the country that cannot tax you. If there was any tax withheld at source, you may have to resort to the tax credit method. The NHR is a regime that works for new tax residents in Portugal, who have not been taxed in Portugal in the previous 5 years, and which allows some benefits. In the best case scenario, you may be taxed at 20% on income from employment or self-employment arising for high-added value activities (if you are not eligible for this flat tax, you will be taxed at the progressive rate). In other income (dividends, interests or royalties) you may even be exempt. If the NHR is not the most advantageous option, you can also consider Spain, which offers a special tax regime, known as Beckham Law, under which income from work obtained abroad can be exempt in Spain. Finally, with regard to social security, it will depend on the setup you have in your employment relationship, so it must be analyzed specifically.

  • September 09, 2023

    Tax analysis must always be done with access to the relevant documents, as each case has its own specificities. In general terms, NHR status is available for any foreign changing tax residency to Portugal. If under the general tax status, a progressive rate up to 48% can be applicable, the exact rate dependent not only on the income but on the family situation and expenses of the person. Foreign companies with active employees in Portugal shall be subject to tax and social security obligations which might be dependent on the activity, binging powers and duration of the presence in Portugal.

  • NEXT/Gali Macedo & Associados
    September 04, 2023

    The Portugal job seeker visa permits individuals to enter and reside in Portugal for up to 4 months or 120 days, specifically for the purpose of seeking employment opportunities in the country. During this period, visa holders are authorized to engage in subordinated work activities until the visa expires or until they are granted a residence permit. Once an employment contract is formalized during this time, applicants can apply for a residence permit. After the maximum validity period of the job seeker visa has expired and if no employment relationship or residence permit application has been established, the visa holder must leave the country. As for job opportunities, in accordance with Portugal's regulations, employers need to advertise new job positions to Portuguese or EU/EFTA citizens. After advertising the job for 30 days, the Institute of Employment and Vocational Training in Portugal (IEFP) will classify them as jobs that can be filled by non-EU citizens.

  • RME Legal, Soc. de Advogados, SP, RL
    August 29, 2023

    Once you relocate to Portugal and considering you will be spending significant time in the country to comply with the D7 minimum stay requirements, with the intention of living in the country, you will be deemed as a resident for tax purposes. If you have not been a tax resident in the previous 5 years, you are eligible to apply for the NHR status. Please note that the NHR status has specific rules depending on the type of income. Also note that work done remotely from Portugal should be taxed in Portugal and Social Security contributions should be paid herein, unless the work is performed in the US. However, a case-by-case tax analysis is highly recommended, mostly considering you are US citizens and you will be taxed based on your nationality.