In Portugal, having a NIF (Número de Identificação Fiscal) does not automatically make an individual a fiscal resident. Fiscal residency is determined by a set of criteria established by the Portuguese tax authorities.
A fiscal resident is an individual who has their main place of residence or center of vital interests in Portugal. This can be determined by factors such as the location of the individual’s family, social ties, and economic activity. Fiscal residents are subject to Portuguese taxes on their worldwide income, while non-residents are only taxed on their Portuguese-sourced income.
An individual who is not a fiscal resident in Portugal but has a NIF number, is considered a non-resident for tax purposes. Non-residents are subject to different tax rules and rates. They are not required to file a tax return in Portugal unless they have Portuguese-sourced income, such as rental income or employment income.
It’s important to note that an individual’s fiscal residency status can change over time, so it’s important to regularly review and update the status with the Portuguese tax authorities.
Fiscal residents in Portugal can apply for the Non-Habitual Resident (NHR) tax regime. This regime is a special tax status that allows individuals to benefit from a flat tax rate of 20% on certain types of foreign income, such as dividends, capital gains, and certain types of professional income, like intellectual property, among others.
To qualify for the NHR regime, an individual must be a fiscal resident of Portugal and must not have been a tax resident in Portugal in the previous five years. Once an individual is granted NHR status, they must maintain their fiscal residence in Portugal for a minimum period of five years.
The NHR regime can be particularly attractive for individuals who are looking to relocate to Portugal or who are considering taking up work or business opportunities in Portugal. It can also be beneficial for retirees or pensioners looking to move to Portugal, as it allows them to receive a lower tax rate on certain types of foreign income.
It’s important to note that there are some restrictions and rules that should be taken into account before applying for the NHR regime. It is advisable to seek professional advice to determine if the NHR regime is suitable for your particular circumstances.
