Tax Guide 2022 | PIT

Taxpayers covered

Taxpayers whse annual gross income in Category B (business and professional income) does not exceed € 200,000, and have not opted for an organized accounts regime can apply for the simplified regime.

Taxable income

The taxable income under the simplified regime will be calculated by applying the following coefficients to the gross income:

In case of services listed in Article 151 of the PIT Code (coefficient of 0.75) and other services not specifically listed (coefficient of 0.35), the taxable income is assessed differently:  the above coefficients are added to the positive difference between 15% of the gross income and the sum of a set of pre-established expenses, incurred with the acquisition of goods and services related with the activity developed and communicated to the tax authorities.

Accordingly, the application of the referred coefficients is partially dependent on a verification of the expenses effectively incurred by the taxpayer. Notwithstanding the eligible expenses effectively incurred, the legislation states that, a deduction of a fixed amount of EUR 4,104 or, if higher, of the total amount of the social security contributions paid is allowed (for the amount not exceeding 10% of the gross income provided that these were not deducted already).

Practical example

A taxpayer earning a total gross income of € 40,000 derived from the rendering of services (listed in Article 151 of the PIT Code) and incurring expenses in the amount of at least € 1,896, can benefit from the coefficient in full, i.e. 75%. 

Non-habitual residents

Taxation

Portuguese sourced employment and self-employment income, derived from “high value-added activities of a scientific, artistic or technical nature” (included in a list of activities published by the Portuguese Government), received by non-habitual residents in Portugal is subject to a special tax rate of 20%.

Additionally, the regime also establishes a tax exemption for foreign-sourced income, such as employment income, self-employment income, rental income, interest, dividends as well as other investment income, under specific conditions.

The regime is applicable for a period of ten consecutive years.

Conditions

The regime applies to individuals who become Portuguese tax residents, under Portuguese domestic law, in a specific year and have not qualified as tax residents in Portugal in any of the previous five years.

Specificities

The status of non-habitual tax resident becomes effective upon registration with the Portuguese tax authorities. Application should be filed until the 31st March of the year following that which the taxpayer becomes tax resident in Portugal.

Tax regime for former tax residents

Taxation

50% relief from taxation on employment and self-employment/business income.

Conditions

The regime applies to taxpayers that became or become resident in the Portuguese territory in 2019, 2020, 2021, 2022 or 2023 and:

• Have been resident in the Portuguese territory in any of the 3 prior years;
• Have been resident in the Portuguese territory prior to 31 December 2015, in case of taxpayers become that became tax resident herein in 2019 or 2020, and prior to 31 December 2017, 2018 and 2019, in case of taxpayers that became or become resident herein respectively in 2021, 2022 or 2023;
• Have their tax situation regularized.

The regime applies for 5 years, including the year of return.

Youth Personal Income Tax (“IRS Jovem”)

Income from Category A (employment income) and Category B (self employment/business income); income from Category A (employment income) earned by young people aged between 18 and 26 years who are not dependents, is partially exempt from PIT, in the first five years following the conclusion of a cycle of education corresponding to or higher than Level 4 of the National Qualification Framework, subject to making said option in the annual PIT return.

The age to make the option is extended to 30 years old if the cycle of education corresponds to Level 8 of the National Qualification Framework.

The exemption applicable corresponds to 30% of the income earned in the first two years, 20% in the following two years and 10% in the last year, capped respectively at 7.5 x Social Support Index (IAS), 5 x IAS and 2,5 x IAS.

The exemption applies in the first year in which the income is obtained following the conclusion of a cycle of education and in the following four years, provided that the option is taken up to the limit age. Or in consecutive or alternate years, provided that the maximum age of the taxpayer does not exceed 35 years.

Acquisition of shareholdings by employees

Gains derived from stock options plans, subscription plans, attribution plans or equivalent share plans on securities issued by the employer are exempt from taxation, with a cap of € 40,000, subject to certain conditions.

Retirement Savings Accounts

Interest are exempt from taxation on the amount of a balance of ≤ € 10,500.

Intellectual property

Author rights obtained by a Portuguese tax resident who is the respective original owner, benefit from a 50% tax relief. However, the amount excluded from taxation is capped at € 10,000.

Venture capital funds

Capital gains derived from the sale of participation units are taxed at a 10% rate.

Collective investment vehicles in forest resources

Capital gains derived from the sale of participation units in real estate investment funds,or shares in real estate investment companies in forest resources, are taxed at a 10% rate.

Capital gains realized by non residents

An tax exemption applies to the disposal of:

● shares, other securities and autonomous warrants issued by Portuguese tax resident companies;
● derivatives negotiated at a regulated stock exchange;
● participation units in venture capital funds.

Exceptions apply in case of:

● residents in tax havens;
● disposal of shares in companies whose assets are comprised in more than 50% of real estate located in Portugal.

Employer contributions to social security regimes
Employers' contributions to pension funds (or other complementary social security regimes) are PIT exempt at the moment of the contribution, provided certain requirements are met.

Sportsmen

● Prizes and awards granted to disabled athletes, high performance athletes and their coaches are tax exempt.;
● Sports training grants awarded to non-professional sports agents (players, referees, judges) are tax exempt, up to € 2,375;
● Compensations paid to non-professional referees and umpires are excluded from taxation, up to € 2,375.

Tax benefits to expatriates

Employees that are displaced to a foreign country, which is not their habitual workplace, for a period of 90 days, 60 of which are consecutive, have a tax benefit. This benefit consists of a PIT exemption, applicable to the amount of the remuneration paid to the employee by the Portuguese employer, exclusively as a compensation for moving and staying abroad (up to € 10,000).

“Programa Semente” / Start-ups

This tax benefit is applicable to individuals making eligible investment under “Programa Semente”, allowing a PIT credit of 25% of the eligible investment. This investment is limited to shareholdings not exceeding 30% of the share capital or of the voting rights. It should be represented by cash contributions actually paid, and, among other requirements, the annual amount of the eligible investment cannot exceed € 100,000.00 per taxable person.