The non-habitual resident (NHR) regime can be demanded by those who meet the following requirements: (1) be a tax resident in Portugal and (2) have not been tax residents in Portugal during the last 5 years. This regime is applied regardless of the nationality of the applicants. Therefore, in order to have access to the regime, all you have to do is apply for a tax number in Portugal as a resident, with a registered address in Portugal and then submit the NHR application. For the purpose of applying the tax rate, the taxable income is divided by two if the taxpayers are married and not judicially separated, as well as in the case of de facto marriages, whatever the circumstances, should they opt for joint taxation.
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What happens to a non-habitual resident taxpayer when they marry a Portuguese citizen?
I moved to Portugal and qualified for the non-habitual resident regime. Now, after a couple of years, I'm marrying a Portuguese citizen. How will my taxes change? Would I be able to continue to enjoy the non-habitual resident regime? Could my partner benefit from the NHR regime too?
Answers
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Your NHR status is not transferable to your spouse, as the eligibility for the regime is individual, and, for him to be able to benefit from the program, he would have to meet the conditions on his own. Regarding your taxes after marriage, it's not affected. However, you might need to investigate how the income declaration might be of your greatest benefit - jointly with your spouse, or individually with the NHR scheme.
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There is no impact at all. The NHR regime depends only on meeting the requirements related to (according to the regime that was in force until 31-12-2023): Tax residency in Portugal; non-taxation in Portugal in the last 5 years immediately preceding the NHR application; undertaking one of the eligible value-added activities. Furthermore, your marital status or the nationality of the person you are married to has no bearing on whether or not you will be able to maintain the regime. Your partner can benefit from the new NHR 2.0 scheme if he/she meets the new requirements and never by affinity liaised to the fact that you are already a beneficiary of the program.