Portugal: Business Environment
Donations to authorized charitable institutions are allowable up to 0.8% of turnover, with a possible increase of the actual amount spent up to 150%. This also applies to donations of computers, software, training, and consultancy in computing to the national government, municipalities, foundations, museums, and other charitable institutions. Donations to authorized educational, sport, and environmental institutions are allowable up to 0.6% of turnover, with a potential increase of the actual amount spent up to 140%. Contributions to the state, municipalities, and foundations where the state or municipalities have an initial capital stake can be fully deducted, with a possible increase in the deductible amount up to 140%.
Pension, invalidity, and health schemes are tax-deductible up to a rate of 15% of annual staff expenses, only if, among other conditions, they are available to all employees and the management and disposition of the benefits are outside the control of the taxpayer. Companies may only deduct net financing expenses up to the higher of the following limits: EUR 1 million or 30% of the earnings before depreciation, amortisation, taxes, and net financing expenses, adjusted for tax purposes.
A corporate tax credit of 32.5% is available for qualifying research and development (R&D) expenses, which can be carried forward for eight years. Taxpayers can claim an additional incremental credit of 50% on R&D expenses exceeding the average spent in the previous two years, capped at EUR 1.5 million. For SMEs not actively engaged in business for at least two years and not previously benefiting from the increased rate, the base rate is increased by 15 percentage points, resulting in a 47.5% credit on qualifying expenses. This tax credit can offset up to the total corporate income tax liability and is available until 31 December 2025.
Tax losses from tax years starting on or after 1 January 2023 can be deducted against future taxable profits indefinitely. This rule also applies to tax losses from years before 1 January 2023 if their carryforward period is still active. However, the deduction of carried forward tax losses is limited to 65% of the taxable income. Loss carrybacks are not allowed.
Until 31 December 2027, tax benefits for investment projects over EUR 3 million may be granted for up to 10 years. These benefits include a corporate tax credit of 10% to 25% of investment expenses and exemptions from real property tax, transfer tax, and stamp duty. The annual credit is capped at 25% of the total tax benefit or 50% of the corporate income tax liability. From 2024, eligible expenses include certain salaries for personnel with level 7 or 8 NQF qualifications.
A corporate tax credit of 10% to 30% is available for acquiring new tangible and intangible assets, with some exceptions. This credit can offset up to 50% of the corporate income tax liability and be carried forward for 10 years. Eligible expenses now include specific salary costs for NQF level 7 or 8 personnel.
Income from patents, designs, industrial models, and software copyrights may be tax-exempt, determined by a specific formula. SMEs in inland areas receive an additional 20% tax deduction for job creation expenses, totaling a 120% deduction.
A wage increase incentive allows a 50% additional deduction, totaling 150%, for expenses related to a minimum 5% wage increase for employees with indefinite contracts in 2024.
A capitalization incentive provides an annual deduction based on the 12-month Euribor rate plus 1.5 percentage points (2 points for micro companies, SMEs, or small mid caps) applied to net equity increases. This deduction increases by 50%, 30%, and 20% in 2024, 2025, and 2026, respectively. To offset rising energy costs, a special scheme offers a 20% additional deduction, totaling 120%, for 2024 expenses exceeding those of 2021.
For agricultural production, an additional 40% deduction, totaling 140%, is available for expenses on fertilizers, soil amendments, feed, and other items.
A new incentive for renewing freight transport fleets offers tax exemptions for vehicles sold and reinvested in newer vehicles from 2024. This is subject to EU de minimis aid rules. There are also incentives for acquiring electric and hybrid cars.
Real estate transfer tax (Imposto Municipal sobre as Transmissões Onerosas de Imóveis or IMT), imposed by municipalities, is up to 7.5% on residential property transfers, 5% on rural property transfers, 6.5% on other urban property transfers, and 10% if the purchaser is in a listed tax haven or controlled by an entity in a listed tax haven. An additional 0.8% stamp duty also applies. This tax is also due on the acquisition of shares in certain companies (e.g., an SA or an Lda) if more than 50% of the company's asset value is from real estate in Portugal (valued at the higher of tax or book value), the real estate is not used for agricultural, industrial, or commercial activity, or is used for real estate trading, and a shareholder gains 75% or more of the company’s share capital through the transaction.
A standalone tax of 35% is levied on indemnities and compensation as well as bonuses paid to members of the board and managers (if exceeding 25% of their annual remuneration and EUR 27,500). Certain deductible expenses are subject to a standalone tax, including entertainment expenses (10%), undocumented expenses (taxed at 50%, or 70% in the case of taxpayers enjoying a partial or total tax exemption), expenditures on private cars (taxed at rates from 5% to 35% depending on the acquisition price of the car), daily allowances and employees' travelling costs (taxed at 5%).
A special contribution is levied on companies operating in the financial sector, with two different tax bases: the contribution is applicable at a maximum of 0.11% on base I and at 0.00030% on base II. Moreover, the aforementioned credit institutions are also subject to a solidarity surcharge, levied upon the same taxable base as the bank levy, the rate being 0.02% on Base I and 0.00005% on Base II.
Social security contributions paid by the employer amount to 23.75% of the monthly gross remuneration.
A carbon tax due by the user in the amount of EUR 2 applies on air, sea and river travel. A levy amounting to EUR 0.30 per package applies to disposable plastic and aluminium packages (the latter contribution shall not apply to single-use beverages and its implementation has been postponed several times).
Special taxation rules apply to entities engaged in activities such as oil exploration, prospecting, and production, and to those operating in the gaming industry.
Portugal | OECD | United States | Germany | |
Number of Payments of Taxes per Year | 8.0 | 10.1 | 10.6 | 9.0 |
Time Taken For Administrative Formalities (Hours) | 243.0 | 163.6 | 175.0 | 218.0 |
Total Share of Taxes (% of Profit) | 39.8 | 41.6 | 36.6 | 48.8 |
Source: Doing Business, Latest available data.
Personal income tax (IRS) | Progressive rate from 13.25% to 48% (2024) |
Up to EUR 7,703 | 13.25% |
EUR 7,703 - 11,623 | 18% |
EUR 11,623 - 16,472 | 23% |
EUR 16,472 - 21,321 | 26% |
EUR 21,321 - 27,146 | 32.75% |
EUR 27,146 - 39,791 | 37% |
EUR 39,791 - 51,997 | 43.5% |
EUR 51,997 - 81,199 | 45% |
Over EUR 81,199 | 48% |
Additional solidarity rate | |
EUR 80,000 - 250,000 | 2.5% |
Over EUR 250,000 | 5% |
Non-residents | 25% flat rate (on Portuguese-source income) |
Non-habitual Residents | Flat rate of 20% 10% for pension income from 1 April 2020 (exempt for those already registered as NHRs by 31 March 2020 or as Portuguese residents) A foreign tax credit for international double taxation is available against any foreign tax paid on such incomes. The taxpayer may opt-out of this regime and be taxed at normal progressive rates. New entries to the NHR regime were disallowed after December 31, 2023, except under a specific transitional regime that permits new entries in 2024 if certain eligibility conditions are fulfilled. |
The 2024 State Budget introduced a tax incentive for research and innovation, applicable to individuals who become Portuguese tax residents in a specific year, provided they have not been residents in Portugal for the past five years, have never benefited from the NHR regime or the former resident regime, and engage in activities specified in the relevant legislation. To apply for this regime, different procedures based on the activity and eligibility criteria must be followed. The regime offers a special 20% tax rate on net employment and business/professional income from designated activities and exempts foreign-sourced employment, business/professional income, investment income, rental income, and capital gains.
A taxpayer who has become tax-resident in Portugal for a certain year and has not been taxed as resident in Portugal for any of the previous five years may apply for the special tax regime for "non-habitual tax residents". Non-habitual residents are taxable on worldwide income, but may be exempt from tax on certain foreign-source income. In general terms, non-habitual residents are taxed at a flat rate of 20% in respect of employment income (Category A) and self-employment income (Category B) arising from high-value activities of a scientific, artistic, or technical nature. Entrants in the regime that became Portuguese tax residents as from 1 April 2020 are liable to a 10% tax rate on pension income. New entries to the NHR regime were disallowed after December 31, 2023, except under a specific transitional regime that permits new entries in 2024 if certain eligibility conditions are fulfilled. For further information, click here.
A tax exemption also applies to outbound expatriates, who are resident individuals assigned abroad for a period longer than 90 days.
Foreign residents may be exempt from social security in Portugal if they contribute to a compulsory social security system in a European Union country or a country that has a bilateral social security agreement with Portugal.
The 2024 State Budget introduced a tax incentive for research and innovation, applicable to individuals who become Portuguese tax residents in a specific year, provided they have not been residents in Portugal for the past five years, have never benefited from the NHR regime or the former resident regime, and engage in activities specified in the relevant legislation. To apply for this regime, different procedures based on the activity and eligibility criteria must be followed. The regime offers a special 20% tax rate on net employment and business/professional income from designated activities and exempts foreign-sourced employment, business/professional income, investment income, rental income, and capital gains.
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Latest Update: July 2024