ILN: Buying and Selling Real Estate - An International Guide

[BUYING AND SELLING REAL ESTATE IN PORTUGAL]

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VI.1.2. VAT (“IVA”) Under Portuguese law, real estate acquisitions are generally exempted of VAT (exceptions apply). VI.2. PROPERTY OWNERSHIP VI.2.1. PROPERTY TAX – “IMI”

Additionally, this tax may be applicable if certain thresholds are exceeded.

VI.2.2. PROPERTY TAX - “AIMI”

Additional to the IMI (“AIMI”) is due, among others, by the owners of urban properties, located in Portugal, intended for residential purposes and plots of land for construction. The taxable basis corresponds to the sum of the VPT of all urban properties owned by each taxpayer, reported as of 1 January of the year concerned. If the owner is an individual, an exclusion from taxation up to € 600,000 applies. Married or living in non-marital partnership taxpayers who opt to submit a joint tax return for AIMI purposes, have an exclusion from AIMI of € 1,200,000. In the case of individuals, the AIMI rates vary between 0,7% and 1,5% (progressive rates). For corporate entities, the AIMI rate is of 0,4% (with no exclusions on the taxable basis). The value of buildings owned by legal persons and used for the personal use of the holders of the respective capital, the members of corporate bodies or of any administrative, directing, managerial or supervisory bodies or of their spouses, ascendants and descendants, is subject to an aggravate rate of 0.7%, being subject to a marginal rate of 1%

Owners of real estate located in Portugal, which are registered as such as of 31 December of a certain year, are subject to IMI. Nowadays, IMI reaches a variable rate between 0.3% and 0.45% for urban buildings and plots of land for construction, a fixed rate of 0.8% for rural property, and a fixed rate of 7.5% for owners’ resident in tax havens or deemed as being held or controlled by entities established therein. IMI is levied on a yearly basis and becomes payable in the following year to which it refers, upon the issuance of the tax assessment by the tax authorities. IMI must be paid: (i) in one installment, in the month of May, when its amount is equal to or less than € 100; (ii) in two instalments, in the months of May and November, when the amount is greater than € 100 and equal to or less than € 500; (iii) in three instalments, in the months of May, August and November, when the amount exceeds € 500.

ILN Real Estate Group – Buying and Selling Real Estate Series

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