Why UK landlords are flocking to Portugal

Why UK landlords are flocking to Portugal

9:18 AM, 9th August 2018, About 6 years ago 88

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Did you know that UK landlords do not have to pay tax on their UK dividend income from incorporated rental property businesses if they live in Portugal?

Have you ever heard of the Portugal non-habitual residents scheme?

By the time you have finished reading this short article I think you will probably want to find out more, and I will be pleased to help.

The non-habitual resident (“NHR”) taxation regime came into force in Portugal in 2009 and is proving very successful at attracting individuals of independent means to establish residency in Portugal for tax purposes, while not being subject to minimum or maximum stay requirements.

The NHR regime essentially grants qualifying individuals the possibility of becoming tax residents of a white-listed jurisdiction whilst legally avoiding or minimising income tax on certain categories of non-Portugal sourced income and capital gains for a period of 10 years.

Taking the UK/Portugal convention as an example, if you are a resident of Portugal but receive dividends from the UK, then the UK has the power to tax them under article 10, although it does not do so if the recipient is not a UK resident. On the other hand, Portugal will not tax such dividends in the hands of a NHR either, because the UK has the ability to tax them under the convention but doesn’t do so. Accordingly, the non-habitual resident of Portugal may receive dividends from UK sources completely free of tax. Similarly, there is no CGT to pay in Portugal on capital gains realised in the UK and HMRC only tax capital gains made after April 2015 for non-residents.

So, for landlords who have already incorporated their rental property businesses, they could take advantage of the NHR scheme and pay no tax at all on their dividend income.

For landlords who have not incorporated, perhaps due to having “latent gains” (mortgages exceeding base costs), the NHR scheme also provides an opportunity to re-set those base costs at the April 2015 value of their portfolio.

If you are already a UK landlord living in Portugal I would love to hear from you in the comments section below. Questions which immediately spring to mind are:-

  • Do you already have NHR status?
  • What are the advantages and disadvantages of emigrating to Portugal?
  • Are you happy you moved?
  • How has it changed your life?
  • Have you incorporated your business and if not, why not?
  • Can you share any tips?

If you would like to learn more about incorporating your property rental business, and how the NHR scheme could help you to optimise your tax position pre and post incorporation, please book a tax consultation with me.

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Comments

Mark Alexander - Founder of Property118

14:22 PM, 24th October 2018, About 6 years ago

Reply to the comment left by Peter Jennings at 24/10/2018 - 13:55
What is most important to you, the tax or the lifestyle. I suggest you establish that first.

The tax positions are very similar from a CGT perspective. If you have dividend and pension income then Portugal might be the best of them all for you from a pure tax perspective.

Please read my related article (linked below) written after my wife and I visited Portugal a few weeks ago.

https://www.property118.com/recon-trip-portugal-nhr-tax-residence-purposes/

Bill Morgan

11:39 AM, 2nd November 2018, About 6 years ago

Is Portugal a good place to go to to minimise inheritance tax.?

In the UK you pay 40% for anything above your allowances.

I don't really understand how a limited company minimses iht other than you can introduce new shareholders.

I don't think you have to pay any iht in Portugal so if you want to preserve your wealth for the next generation it seems like a good option.

I was looking at Portugal about 3 years ago when the pound was worth about 1.38 against the euro and portugal prices lower.The returns didn't seem that great relative to the UK so didn't pursue it.That was before s. 24.

Mark Alexander - Founder of Property118

11:47 AM, 2nd November 2018, About 6 years ago

Reply to the comment left by Bill Morgan at 02/11/2018 - 11:39
If you're UK domicile you still pay IHT in the UK, regardless of residence.

Peter Jennings

12:30 PM, 2nd November 2018, About 6 years ago

Reply to the comment left by Mark Alexander at 24/10/2018 - 14:22
Mark, many thanks for your reply and the visit report.
Our lifestyle (which is not extravagant) is very important to us but that is affected by the increasing onslaught of the tax grab against landlords - so the two have to be balanced. Furthermore, the thought of being restricted to 90 days (or whatever it is) visiting the UK will be a challenge, especially for my wife, as we have a very close family with 4 adult kids.
Still got homework to do to complete the picture / plan.

Bristol Landlord

0:37 AM, 5th November 2018, About 6 years ago

Reply to the comment left by Lee Gough at 20/08/2018 - 17:27
Thank you Lee for this info.
I’m still thinking Portugal would be best for me.
Could you recommend any lawyer or accountant or relocation agency who are reasonably priced to help me get registered for NHR and generally deal with any bureaucracy involved to become legally resident. Any advice would be very welcome.
Cheers.

peter cookson

4:02 AM, 5th November 2018, About 6 years ago

Hi Mark
I have come across your discussion on NHR for Portugal whilst writing my own article on the corruption of Chelsea Building Society .

I am very intrigued it looks and seems pretty fantastic like all good things do you expect this being withdrawn at some point in the future.

Lee Gough

5:36 AM, 5th November 2018, About 6 years ago

Reply to the comment left by Bristol Resident at 05/11/2018 - 00:37
Hello, there are many accountants here that can arrange the NHR. The process is fairly simple now and as long as you qualify, the hardest part is getting the ‘long term’ rental contract or by owning a property that you are going to live in. I got it within a couple of days after purchasing our property. I don’t think it’s worth having a relocation agency, buy your tickets and go for it. I would be happy to meet up if you decide to look around Algarve, or Mark can pass on my number if you would like a chat.

Mark Alexander - Founder of Property118

7:32 AM, 5th November 2018, About 6 years ago

Reply to the comment left by peter cookson at 05/11/2018 - 04:02
Yes I do see it being withdrawn at some point, Portugal are under a lot of pressure from the EU over it. However, once you’re in you’re in.

Miascot

18:22 PM, 13th December 2018, About 5 years ago

Reply to the comment left by Lee Gough at 05/11/2018 - 05:36
Hi Lee

My wife and I are currently in Marbella and heading to the Algarve probably January or February to see what it is like and whether it is for us or not.

Would you be available for a free lunch so that we could bend your ear on the pros and cons of relocating to Portugal?

We are done with the UK, will be crippled by S24 and enjoying our winter here with no dramas - it is amazing how focused you become when not surrounded by constant noise from the press!

We would definitely consider renting long term or buying in Marbella but if Portugal makes more sense we would consider the Algarve.

Been to Madeira a couple of times and it was amazing!

Mark please pass on Lees details or pass him mine.

Thanks

Ken

Mark Alexander - Founder of Property118

17:48 PM, 19th December 2018, About 5 years ago

Reply to the comment left by Miascot at 13/12/2018 - 18:22
Hi Ken

Lee hasn't been in touch because he has had some very bad news this week. Three of his close family members died in a house fire in Lincoln last weekend. A fundraiser has been started to pay for the funerals https://www.facebook.com/donate/2240112089594372/10161029645445570/

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