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NHR Tax Regime: Keep Going or Been Cancelled? Grandfather Rules for Outgoing NHR

The Portuguese Non-Habitual Resident (NHR) tax regime has long been a topic of discussion among expats and investors. With swirling rumors and updates, a pressing question emerges: Is the NHR tax regime coming to an end, or will it continue? This article delves into the heart of this question, focusing on the newly introduced ‘grandfather rules’ that are key to understanding the future of the NHR regime.

The Heart of the Matter: Grandfather Rules Explained: Amidst concerns about the potential cancellation of the NHR tax regime, the Portuguese government has clarified the situation with new rules, effective from January 1, 2024 grandfathering rules:

Keeps the NHR regime

  • On January 1, 2024, the person is registered as NHR and will have the NHR until the end of the 10 years that have been granted.
  • Who on December 31, 2023 qualifies as a tax resident en Portugal.
    The person should register as NHR until March 31, 2024. If the person does not register by March 31, 2024, they can still register in any year until the end of the 10-year period, maintaining the NHR regime until 2032.

Can still be NHR in 2024

Who becomes a tax resident in 2024 and by December 31, 2023, has:

  • A promise or employment contract; a promise or secondment agreement if the work under any of these contracts must be performed in Portugal;
  • valid residence visa or residence permit;
  • initiated by December 31, 2023, an application of a residence visa or residence permit, with the competent authorities, in accordance with the legislation applicable to immigration, namely through the request for scheduling or effective scheduling for the submission of the application for the granting of a residence visa or residence permit or, submitting the application to obtain a residence visa or residence permit.

By October 10, 2023, had:

  • a Lease agreement or other contract that grants the use or possession of real estate in the territory of Portuguese;
  • reservation contract or promissory contract to buy rights over real estate in Portugal;
  • Enrollment of children in an educational establishment in Portugal;

The spouse of whoever is eligible under these rules is also eligible for NHR is the person also becomes tax resident in 2024.

If the person does not register by March 31, 2025, they can still register in any year until the end of the 10-year period, maintaining the NHR regime until 2033.

What This Means for Potential NHR Residents: While existing NHR residents can rest assured, future applicants face a more challenging landscape. These changes underscore the importance of strategic planning and professional advice, particularly for those considering applying after 2023.

Upcoming Changes and Legal Clarifications:

Experts in Portuguese tax law are closely monitoring the developments regarding the NHR regime. While the core principles of the NHR remain intact, professionals emphasize the importance of understanding the nuances of the new rules and the potential impact of upcoming tax adjustments.

Tax attorney Dr. João Silva comments, “We are at a pivotal moment for the NHR regime. The introduction of grandfather rules is just the first step. We’re anticipating further clarifications and possibly new tax stipulations as the legal framework around these changes solidifies. It’s crucial for potential NHR applicants and current residents to stay informed and prepared for these upcoming shifts.”

Financial advisor Maria Gomes adds, “The NHR regime has always been a dynamic landscape, and the latest updates are no exception. Individuals considering Portugal as a tax residence should not only consider the current benefits, but also be aware of potential future changes. Proactive planning and seeking professional guidance have never been more important.”

Advice for Potential and Current NHR Residents:

Experts also stress the importance of seeking tailored advice based on individual circumstances. “Every potential NHR resident has a unique financial and personal situation. What works for one person may not be the best course of action for another,” advises tax consultant Pedro Ferreira. “It’s not just about meeting the new criteria; it’s about understanding how these changes align with your long-term financial goals and plans for residing in Portugal.”

The Portuguese NHR tax regime is undergoing significant transformations, not ceasing but evolving with the times. The recent introduction of grandfather rules stands as a pivotal moment, sculpting the future contours of this attractive tax scheme. For aspirants of NHR residency, the scenario has decidedly shifted, demanding not only a thorough comprehension but also a more nuanced and strategic approach. As Portugal adapts to changing global and economic landscapes, so too must those seeking to benefit from its tax policies.

In a realm as dynamic as the NHR tax regime, staying abreast of the latest developments is key. Whether you are contemplating applying for NHR status or are already navigating these changes, expert guidance is invaluable. For comprehensive insights, updated information, and professional support tailored to your unique situation, visit our dedicated NHR page at e-residence.com/nhr-for-digital-nomads.

Here, you’ll find resources and expertise to assist you in making informed decisions in this evolving tax landscape. Don’t let the complexities of change impede your plans; equip yourself with knowledge and expert advice.