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RPBA Presentation - The Portuguese Golden Visa Regime - Updated: 24.03.2021

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RPBA Presentation - The Portuguese Golden Visa Regime - Updated: 24.03.2021

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The Portuguese Golden Visa is a special residence permit for investors which enables non-EU individuals to become resident in Portugal and move freely within the Schengen Zone. Please take a look at RPBA's detailed and updated presentation.

The Portuguese Golden Visa is a special residence permit for investors which enables non-EU individuals to become resident in Portugal and move freely within the Schengen Zone. Please take a look at RPBA's detailed and updated presentation.

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RPBA Presentation - The Portuguese Golden Visa Regime - Updated: 24.03.2021

  1. 1. The Portuguese Golden Visa Regime www.rpba.pt | March, 2021 In 2002 a new special residence through investment permit for investors (Golden Visa) was approved. This measure is directed at non-EU nationals intending to invest in Portugal and significantly eases their access to the Portuguese territory and to the Schengen Area.
  2. 2. Contents PAGES: PAGES: Introduction 3 Family reunification 19 PART I Implementation of new procedures 20 Residence in Portugal 4 Government fees 21 Golden Visa 5 PART II Benefits 6 Tax implications 22 Updated full investment types and requirements 7/8/9 PART III Residence through real estate investment 10 Portuguese residence and citizenship 23 Conveyance costs 11 From residence to Portuguese nationality: relevant steps 24/25 Residence through capital investment 12 Processing & waiting times 26 Amendments to the Golden Visa regime 13 Appendix I - Traveling to Portugal 27 Impact of the changes 14 Appendix II - Visa options & Residence 28/29 Date in which changes come into effect 15 Appendix III - Countries who need Schengen Visa 30 Inland territories 16/17 How can RPBA help? 31 Updated main qualifying investments 18 Meet the team leader 32
  3. 3. Introduction RPBA aims to help travelers, foreigners and investors understand the legal requirements for becoming a resident in Portugal. We have a section below explaining the potentially attractive parts of the Portuguese tax system as most of our clients are interested in tax-related issues. 3
  4. 4. Portugal has a long tradition of hosting foreign travellers, investors and workers. Portuguese immigration law is committed to this tradition. Holding a residence card may afford access to attractive taxation. In line with this tradition, Portugal launched a program in 2012 to attract foreign investors: The Golden Visa (Residence through Investment). The Golden Visa program is especially designed to attract foreigners interested in investing in Portugal. Investors, along with their family members, can qualify for residence through real estate investments, capital investments or job creation. Residence in Portugal 4 PART I
  5. 5. Portugal grants a temporary residence permit and waives the visa requirement for those who have entered the country legally to pursue investment activities. No residence requirement exists but, for the purpose of renewing permits, applicants must submit evidence that they have spent a minimum of 7 days in Portugal in the first year and 14 days in the following periods of 2 years. After 5 years of living legally in Portugal investors and family members can apply for a permanent residence and also qualify for the Portuguese citizenship by naturalization, provided that all other requirements of the Citizenship Act are fulfilled. Golden Visa 5
  6. 6. Benefits ▪ waiver of residence visa for entering Portugal; ▪ live, work and study in Portugal; ▪ conduct investments in Portugal; ▪ visa exemption for travelling within the Schengen Area (26 countries, including Iceland, Norway and Switzerland); ▪ become a Portuguese tax resident and have access to favourable conditions for non-habitual tax residents, provided that all other requirements laid down by tax law are fulfilled (optional); ▪ remain a non-resident (in Portugal) for tax purposes (optional); ▪ family reunification; ▪ after 5 years, apply for permanent residence; ▪ after 5 years, apply for Portuguese citizenship by naturalization, provided that all other requirements of the Citizenship Act are fulfilled. Minimum investment activity & waiting times ▪ The Golden Visa program requires a financial Investment, an investment in real estate, I&D, regulated funds, or a company incorporation; ▪ Investors must maintain their investment for at least 5 years; ▪ All investments may generate income. We will mainly focus on real estate investment throughout this presentation as it is the most popular among clients. For information about all the different types of investments, please check slides 12 to 14. 6
  7. 7. Updated full investment types and requirements ► Minimum investment in Portuguese real estate of at least € 500,000 U n t i l 3 1 . 1 2 . 2 0 2 1 – w i t h o u t t e r r i t o r i a l r e s t r i c t i o n s . | A f t e r 0 1 . 0 1 . 2 0 2 2 – I n v e s t m e n t i n r e a l e s t a t e f o r h a b i t a t i o n u s e o n l y q u a l i f i e s i f i n A z o r e s , M a d e i r a o r i n l a n d t e r r i t o r i e s . | I n v e s t o r s m a y b e n e f i t f r o m a 2 0 % r e d u c t i o n i n c a s e o f i n v e s t m e n t s m a d e i n r e g i o n s w i t h l o w p o p u l a t i o n d e n s i t y. ► Minimum investment of € 350,000 in Portuguese real estate and refurbishment U n t i l 3 1 . 1 2 . 2 0 2 1 - P u r c h a s e o f r e a l e s t a t e i n P o r t u g a l – w i t h c o n s t r u c t i o n d a t i n g b a c k m o r e t h a n 3 0 y e a r s o r l o c a t e d i n u r b a n r e g e n e r a t i o n a r e a s – f o r r e f u r b i s h m e n t . | P u r c h a s e a n d r e n e w a l c o s t s t o t a l i n g a m i n i m u m o f € 3 5 0 , 0 0 0 . | I n v e s t o r s m a y b e n e f i t f r o m a 2 0 % r e d u c t i o n i n c a s e o f i n v e s t m e n t s m a d e i n r e g i o n s w i t h l o w p o p u l a t i o n d e n s i t y. | A f t e r 0 1 . 0 1 . 2 0 2 2 – I n v e s t m e n t i n r e a l e s t a t e f o r h a b i t a t i o n u s e o n l y q u a l i f i e s i f i n A z o r e s , M a d e i r a o r i n l a n d t e r r i t o r i e s . ► Capital transfer of at least € 1,000,000 (until 31.12.2021) or € 1,500,000 (after 01.01.2022) B a n k a c c o u n t d e p o s i t i n P o r t u g a l | P u r c h a s e o f P o r t u g u e s e P u b l i c D e b t i n s t r u m e n t s | P u r c h a s e o f b o o k - e n t r y s e c u r i t i e s | P u r c h a s e o f p a p e r s e c u r i t i e s h e l d i n d i v i d u a l l y a n d n o t i n t e g r a t e d i n a c e n t r a l s e c u r i t i e s ’ d e p o s i t o r y | P u r c h a s e o f p a p e r s e c u r i t i e s i n t e g r a t e d i n a c e n t r a l s e c u r i t i e s ’ d e p o s i t o r y | P u r c h a s e o f s h a r e c a p i t a l i n c o m m e r c i a l c o m p a n i e s . OR OR OR 7
  8. 8. ► Capital transfer of at least € 350,000 (until 31.12.2021) or € 500,000 (after 01.01.2022) F o r i n v e s t i n g i n r e s e a r c h a c t i v i t i e s c o n d u c t e d b y p u b l i c o r p r i v a t e s c i e n t i f i c i n s t i t u t i o n s i n v o l v e d i n t h e n a t i o n a l s c i e n t i f i c o r t e c h n o l o g i c s y s t e m . | I n v e s t o r s m a y b e n e f i t f r o m a 2 0 % r e d u c t i o n i n c a s e o f i n v e s t m e n t s m a d e i n r e g i o n s w i t h l o w p o p u l a t i o n d e n s i t y. ► Capital transfer of at least € 250,000 F o r i n v e s t i n g i n a r t i s t i c o u t p u t o r s u p p o r t i n g t h e a r t s f o r r e c o n s t r u c t i o n o r r e f u r b i s h m e n t o f t h e n a t i o n a l h e r i t a g e , t h r o u g h t h e l o c a l a n d c e n t r a l a u t h o r i t i e s , p u b l i c i n s t i t u t i o n s , p u b l i c c o r p o r a t e s e c t o r, p u b l i c f o u n d a t i o n s , p r i v a t e f o u n d a t i o n s o f p u b l i c i n t e r e s t , n e t w o r k e d l o c a l a u t h o r i t i e s , l o c a l c o r p o r a t e s e c t o r o r g a n i z a t i o n s , l o c a l a s s o c i a t i o n s a n d p u b l i c c u l t u r a l a s s o c i a t i o n s , p u r s u i n g a c t i v i t i e s o f a r t i s t i c o u t p u t , a n d r e c o n s t r u c t i o n o r m a i n t e n a n c e o f t h e n a t i o n a l h e r i t a g e . | I n v e s t o r s m a y b e n e f i t f r o m a 2 0 % r e d u c t i o n i n c a s e o f i n v e s t m e n t s m a d e i n r e g i o n s w i t h l o w p o p u l a t i o n d e n s i t y. OR OR 8 Updated full investment types and requirements
  9. 9. ► Capital transfer of at least: € 350,000 (until 31.12.2021) or € 500,000 (after 01.01.2022) F o r p u r c h a s i n g u n i t s i n i n v e s t m e n t f u n d s o r i n v e n t u r e c a p i t a l f u n d s i n c o r p o r a t e d u n d e r t h e P o r t u g u e s e l e g i s l a t i o n g e a r e d t o c a p i t a l i z e e n t e r p r i s e s w h o s e i n v e s t m e n t s h a v e a m a t u r i t y o f a t l e a s t f i v e y e a r s , b e i n g t h a t a t l e a s t 6 0 % o f i t s h o u l d b e m a d e i n c o m p a n i e s w i t h h e a d o f f i c e i n P o r t u g a l . ► Capital transfer of at least € 350,000 (until 31.12.2021) or € 500,000 (after 01.01.2022) F o r i n c o r p o r a t i o n o f a c o m m e r c i a l c o m p a n y w i t h h e a d o f f i c e i n P o r t u g a l , c o m b i n e d w i t h t h e c r e a t i o n o f f i v e p e r m a n e n t w o r k i n g j o b s . | F o r s h a r e c a p i t a l i n c r e a s e i n a c o m m e r c i a l c o m p a n y w i t h h e a d o f f i c e i n P o r t u g a l , c o m b i n e d w i t h t h e c r e a t i o n o r m a i n t e n a n c e o f 5 p e r m a n e n t j o b s f o r a m i n i m u m p e r i o d o f 3 y e a r s . ► Creation of at least 10 jobs I n v e s t o r s m a y b e n e f i t f r o m a 2 0 % r e d u c t i o n i n c a s e o f i n v e s t m e n t s m a d e i n r e g i o n s w i t h l o w p o p u l a t i o n d e n s i t y. OR OR 9 Updated full investment types and requirements
  10. 10. Most Golden Visa applicants choose to invest in real estate. The conveyance process is the most common concern for potential investors. We will focus here on the classical procedure for obtaining residential real estate but investors may purchase any kind of real estate asset as long as it complies with the minimum investment requirements. Benefits: ▪ recoverable investment; ▪ rental income; ▪ speedy process. Residence through real estate investment Minimum investment (after 01.01.2022 – Investment in real estate for habitation use only qualifies if in Azores, Madeira or inland territories): ▪ Acquisition of real estate with a minimum value of €500 thousand; ▪ The purchase of real estate in need of renovation, built at least 30 years ago or located in an urban regeneration area, with a minimum value of €350 thousand. Main Steps: 1. Choose a property. 2. Obtain information about the property. 3. Sign a reservation agreement (optional). 4. Technical survey (optional). 5. Sign a promissory contract. 6. Preliminary registration of ownership. 7. Pay taxes. 8. Execute deed. 9. Register the property. 10. Communicate changes in ownership to the tax authority. 11. Communicate changes in ownership to the condominium management. 10
  11. 11. The table above shows the estimated transaction costs for a typical residential real estate transaction. Brokerage commissions are not included as they are paid by the seller in most cases. These may vary but normally range from 3% to 5%, plus 23% VAT. Notary fees are determined by each Notary at his/her discretion and may therefore vary. We have estimated them at €1,000. Taxes such as IMT (Municipal Property Transfer Tax) and Stamp Duty vary according with the selling price and may be lower in cases where a property is acquired as a permanent residence. For the purposes of our estimate, we assumed that the purchase is for secondary housing (not a main and habitual abode). Conveyance costs Item Purchase property for €500,000 Purchase property for €730,000 Purchase price €500,000 €730,000 IMT (Property Transfer Tax) €28,965 €43,800 Stamp Duty (0.8%) €4,000 €5,840 Notary’s fee - purchase €1,000 €1,000 Registration fee €250 €250 Total cost of conveyance €534,215 €780,890 Post-conveyance costs & income Ownership of real estate can generate income by renting out the property either under a lease agreement for a period of 1 to 5 (or more) years or under short-term rentals. The costs associated with property ownership vary. Please note that the following costs apply: ▪ IMI: Municipal Property Tax (for standard cases between 0.30% and 0.45% annually of the tax value of the property) ▪ Condominium expenses ▪ Insurance ▪ Annual municipality charges 11
  12. 12. Residence through capital investment Includes investment in joint stock limited companies and private limited companies. To obtain the Golden Visa under the capital investment one of the following type of investment has to be performed: ▪ Capital investment of at least € 1 million (€ 1,5 million for applications submitted after 01.01.2022); or ▪ Capital investment in mutual funds or venture capital funds geared to the capitalization of small and medium enterprises of at least € 350 thousands (€ 500 thousand for applications submitted after 01.01.2022) How to prove the investment? Company incorporation: ▪ Up-to-date certificate from the commercial registry attesting the ownership of a company. For capital transfer: ▪ Depending on type of investment (bank deposit, Portuguese public debt instruments, securities, social participation and others). ▪ Statement from a financial institution operating in Portugal attesting that a transfer of the amount legally required has been performed, and the money has been transferred into a sole account held by the applicant, or into a joint account, or that it has been used to preform the investment. For investment funds: ▪ Statement from a financial institution operating in Portugal attesting that a transfer of the amount legally required has been performed, and the money has been transferred into a sole account held by the applicant, or into a joint account, or that it has been used to preform the investment. ▪ Statement of ownership of the investment units, free from any charges and obligations; ▪ Declaration issued by the managing company of the investment fund attesting the feasibility of the capitalization plan, the maturity of, at least, five years, and the application of at least 60% of the investment in commercial companies with head office in the Portuguese territory. 12
  13. 13. ▪ According to the legislative authorization, the Government approved the Decree-Law no. 14/2021, of 12 February, which amended the legal regime of Golden Visa. ▪ The main change was based on the increase of the minimum value of some investments; ▪ Capital transfer in the amount of 1.5 million euros or more; ▪ Transfer of capital in an amount equal to or greater than € 500,000, which is applied to research activities carried out by public or private scientific research institutions, integrated into the national scientific and technological system; ▪ Transfer of capital in an amount equal to or greater than € 500,000, intended for the acquisition of units in investment funds or venture capital funds dedicated to the capitalization of companies, which are constituted under Portuguese legislation, whose maturity , at the time of the investment, be at least five years and at least 60% of the value of the investments be made in commercial companies based in the national territory; ▪ Transfer of capital in an amount equal to or greater than € 500,000, intended for the incorporation of a commercial company with headquarters in the national territory, combined with the creation of five permanent jobs, or for the reinforcement of the social capital of a commercial company with head office in national territory, already established, with the creation or maintenance of jobs, with a minimum of five permanents, and for a minimum period of three years; ▪ The investments restricted to the Autonomous Regions of the Azores and Madeira or inland territories were: ▪ the acquisition of real estate with a value of € 500.000,00 or more. ▪ the acquisition of real estate whose construction was completed at least 30 years ago or located in an urban rehabilitation area and carrying out rehabilitation works, in the amount equal to or greater than € 350,000.00. Amendments to the Golden Visa regime 13
  14. 14. ▪ Changes to the Golden Visa will have a positive impact in many areas: ▪ Quality of life - Outside the metropolitan areas of Lisbon and Porto one will find cities that are quieter and more peaceful. ▪ Mobility - Due to the excellent motorway network in Portugal one will continue to be able to move easily to urban centres and airports. ▪ Cost - On the outskirts of Lisbon and Porto for half a million euros one will get a larger and more spacious home. ▪ Safety - Portugal remains the third safest country in the world, allowing the possibility to move freely in the Schengen area and to obtain the Portuguese nationality for you and your family. These investments in Portugal provide investors a "plan B", taking into account economic and political uncertainty. Impact of the changes 14
  15. 15. ▪ The changes will come into effect on the 1st January 2022. ▪ Recent changes only apply to requests made after 1st January 2022. ▪ For Applications submitted until the 31st December 2021: i. Investors can base their residence authorization request for investment activity with the acquisition of real estate situated in the metropolitan areas of Lisbon and Porto and in the entire coastal areas, like the Algarve; ii. The granting or renewal of residence permits for family reunification continues to be allowed. Date in which changes come into effect 15
  16. 16. NUT III Areas Alentejo Central Alandroal, Arraiolos, Borba, Estremoz, Évora, Montemor -o -Novo, Mora, Mourão, Portel Redondo, Reguengos de Monsaraz, Vendas Novas, Viana do Alentejo, Vila Viçosa Alentejo Litoral Alcácer do Sal, Grândola, Odemira, Santiago do Cacém Algarve Alcoutim, Aljezur, Castro Marim, Monchique Vila do Bispo Alto Alentejo Alter do Chão, Arronches, Avis, Campo Maior Castelo de Vide, Crato, Elvas, Fronteira, Gavião, Marvão, Monforte, Nisa, Ponte de Sor, Portalegre, Sousel Alto Minho Arcos de Valdevez, Melgaço, Monção, Paredes de Coura, Ponte da Barca, Vila Nova de Cerveira Alto Tâmega Boticas, Chaves, Montalegre, Ribeira da Pena Valpaços, Vila Pouca de Aguiar Área Metropolitana do Porto Arouca Ave Cabeceiras de Basto, Fafe, Mondim de Basto, Póvoa de Lanhoso, Vieira do Minho Baixo Alentejo Aljustrel, Almodôvar, Alvito, Barrancos, Beja Castro Verde, Cuba, Ferreira do Alentejo Mértola, Mour, Ourique, Serpa, Vidigueira Beira Baixa Castelo Branco, Idanha -a -Nova, Oleiros, Penamacor, Proença -a -Nova, Vila Velha de Ródão Beiras e Serra da Estrela Almeida, Belmonte, Celorico da Beira, Covilhã, Figueira de Castelo Rodrigo, Fornos de Algodres, Fundão, Gouveia, Guarda Manteigas, Meda, Pinhel, Sabugal, Seia, Trancoso Cávado Terras de Bouro, Vila Verde Douro Alijó, Armamar, Carrazeda de Ansiães, Freixo de Espada à Cinta, Lamego, Mesão Frio, Moimenta da Beira, Murça, Penedono, Peso da Régua, Sabrosa, Santa Marta de Penaguião, São João da Pesqueira, Sernancelhe, Tabuaço, Tarouca, Torre de Moncorvo, Vila Nova de Foz Côa, Vila Real Inland territories 16
  17. 17. NUT III Areas Lezíria do Tejo Chamusca, Coruche Médio Tejo Abrantes, Constância, Ferreira do Zêzere, Mação, Sardoal, Sertã, Vila de Rei, Vila Nova da Barquinha Região de Aveiro Sever do Vouga Região de Coimbra Arganil, Góis, Lousã, Miranda do Corvo, Mortágua Oliveira do Hospital, Pampilhosa da Serra, Penacova, Penela, Soure, Tábua, Vila Nova de Poiares Região de Leiria Alvaiázere, Ansião, Castanheira de Pêra, Figueiró dos Vinhos, Pedrógão Grande Região de Viseu Dão Lafões Aguiar da Beira, Carregal do Sal, Castro Daire, Mangualde Nelas, Oliveira de Frades, Penalva do Castelo, Santa Comba Dão, São Pedro do Sul, Sátão, Tondela, Vila Nova de Paiva, Vouzela Tâmega e Sousa Baião, Celorico de Basto, Cinfães, Resende Terras de Trás-os-Montes Alfândega da Fé, Bragança, Macedo de Cavaleiros Miranda do Douro, Mirandela, Mogadouro, Vila Flor, Vimioso, Vinhais Algarve Loulé; Silves; Tavira Alto Minho Caminha, Ponte de Lima, Valença, Viana do Castelo Área Metropolitana do Porto Vale de Cambra Ave Guimarães Cávado Amares Lezíria do Tejo Santarém Médio Tejo Tomar, Ourém Região de Aveiro Águeda Região de Coimbra Condeixa-a-Nova Região de Leiria Pombal Região de Viseu Dão Lafões Viseu Tâmega e Sousa Amarante, Castelo de Paiva, Marco de Canaveses 17 Inland territories
  18. 18. Updated main qualifying investments TOPIC CHANGE UNTIL 31.12.2021 AFTER 01.01.2022 Financial Investment INCREASE OF THE MINIMUM AMOUNT Capital transfer in an amount equal to or above 1 million euros. Capital transfer in an amount equal to or above 1,5 million euros. Real Estate TERRITORIAL RESTRICTIONS Acquisition of property of an amount equal to or above 500.000€. Housing purpose only allowed when the dwelling is located in the Autonomous Regions of the Azores and Madeira or in inland territories. I&D INCREASE OF THE MINIMUM AMOUNT Capital transfer in an amount equal to or higher than 350.000€. Capital transfer in an amount equal to or higher than 500.000€, which is to be applied in research activities developed by public or private scientific research institutions. Investment Funds INCREASE OF THE MINIMUM AMOUNT Capital transfers equal to or higher than 350.000€, for the acquisition of investment units in investment funds Capital transfers equal to or higher than 500.000€, for the acquisition of investment units in investment funds. Company incorporation INCREASE OF THE MINIMUM AMOUNT Capital transfers in an amount equal to or higher than 350,000€. Capital transfers in an amount equal to or higher than 500.000€. Residence permit for investment activity: This table contains an update of the main qualifying investments for the purposes of applying for a Portuguese residence permit by performing an investment activity (i) until 31.12.2021, or (ii) from 01.01.2022 onwards. Additional types of investment remain available. Changes: 18  Changes are applicable to procedures started after 31 December 2021.  Inland territories: as set on Ministerial Order no. 208/2017, of 13 July.
  19. 19. For your children, who are over 18 years and married, we can consider other solutions, like: Family reunification Spouse; Minors; Incapacitated children under the custody of the couple or one of its members; Life partners with registered partnerships; Children who are of full age, unmarried and dependent of the couple or of one of the spouses, and study in an education establishment, regardless of the country in which that establishment is located; First-degree relatives in the direct ascending line of the resident or his/her spouse, provided that they are dependent on them. ▪ You can jointly perform an investment of €1,5 million in real estate property as long as each investor applies € 500 thousand. ▪ Your children can invest € 500 thousand or make a lower investment of € 350 thousand, or; 1 2 3 4 5 6 The Golden Visa regime provides the right to request the entrance in Portugal of family members under general family reunification rules. The following are considered family members that could benefit from this rule. 19
  20. 20. ▪ Making an investment & gathering documents; ▪ Submitting an online application; ▪ Waiting time for an appointment to apply for a Golden Visa; ▪ Administrative processing. The SEF has implemented measures to improve and expedite the application process. SEF’s online platform has been greatly improved and the application process is now as follows: 1. Mandatory online pre-registration by the investor. 2. Online submission of documents pertaining to the investor, investment compliance and family members. 3. Payment of Government fees to SEF for processing the Golden Visa application. 4. Pre-analysis and validation of the documentation by SEF. 5. Scheduling of biometrics appointments at any location which has a SEF office on the Portuguese mainland and on the islands of Madeira and Azores. 6. Collection of biometric data and submission of original documents. 7. Final analysis by the Portuguese Immigration Authorities and their decision. 8. Payment of Government fees to SEF for granting the Golden Visa Residence Cards and subsequent collection of the cards. Advance travel planning and an early choice of investment are important. Implementation of new procedures 20
  21. 21. Submission and analysis of the application for the residence permit or its renewal for the investor Submission and analysis of the application for the residence permit and its renewal for relatives (family reunification) Issue of the residence permit for investment purposes Issue of the renewal of the residence permit for investment purposes Issue of the residence permit of the investors’ relatives Renewal of the residence permit of the investors’ relatives € 533 € 533 € 5.336,40 € 2.668,20 per person € 5.336,40 per person € 2.668,20 per person GOVERNMENT FEES Government fees Estimated costs for the temporary residence (along the 5 years): € 12.271,80 (per person). Please note that these fees are subject to changes. 21
  22. 22. RPBA can assist you with any tax questions you may have about your investment or residence. Portugal is an attractive location for both employers and investors. Please note the following main rules, especially the benefits that can be derived through point 3: 1. Non-Portuguese tax residents only pay taxes on income deemed to be obtained in Portugal; 2. Portuguese tax residents pay taxes on the basis of their worldwide income; 3. Certain new Portuguese tax residents may claim generous tax relief under the “Non-Habitual Residents” regime. The NHR regime establishes, under certain conditions, Personal Income Tax exemptions on foreign source income, as well as a limited 20% taxation of income from employment and independent personal services, in both cases if deriving from listed high value-added activities. This special taxation applies to people who have not been Portuguese tax residents for the previous 5 years. If these conditions are met, they may apply to be taxed as “Non-Habitual Residents”. Tax implications For more information: Please see our NHR regime presentation Please see our NHR regime Information Note Please see our Frequently Asked Questions and Reasons to Move to Portugal presentation 22 PART II
  23. 23. Portugal grants the possibility to obtain Portuguese residence after living legally in Portugal for 5 years and the chance of obtaining citizenship after 5 years in Portugal. Benefits: ▪ Portuguese identity card; ▪ Portuguese passport; ▪ travel, work and live in the EU without needing a visa; ▪ travel to all Schengen countries (including Iceland, Norway and Switzerland) without needing a visa; ▪ travel to over 26 countries without needing a visa; ▪ citizenship of a founder country of the CPLP – Community of Portuguese-Speaking Countries (Angola, Brazil, Cape Verde Islands, Guinea-Bissau, Equatorial Guinea, Mozambique, Saint Thomas and Prince Islands and East Timor) ▪ lifelong citizenship; ▪ no residence requirements; ▪ dual-citizenship benefits; ▪ peaceful country; ▪ good private healthcare system; ▪ good public schools, especially universities. University tuition fees cost approximately €1,000 per year. Students are eligible to join the EU- wide Erasmus program. The main universities have postgraduate cooperation programs with universities abroad. Portuguese residence and citizenship If this is a point of attraction for you, please visit the websites of the main universities: ▪ Universidade Católica portuguesa - “https://www.ucp.pt/pt-pt” ▪ Universidade de Coimbra - “https://www.uc.pt/en” ▪ Universidade do Porto – “https://sigarra.up.pt/up/en/” ▪ Universidade Nova de Lisboa - “https://www.unl.pt/en” 23 PART III
  24. 24. Procedure Summary 1. Residence Visa Residence Visa waiver (or Schengen visa) • If you desire to establish yourself in Portugal you will need to obtain a Residence Visa at a Portuguese Consulate (at your country of residence), • Except: if you are willing to perform a relevant investment that will allow you to get a Residence Permit without a Residence Visa, mainly through the Residence Permit via Investment Activity (ARI)/Golden Visa (GV). 2. Temporary residence 5 years • A Temporary Residence Permit in granted for the first 5 years of legal living in Portugal (1year+2years+2years). • It is a 3-steps’ residence: you get a Temporary Residence Permit for one year. Afterwards, you renew your Temporary Residence for 2 more years and, finally, there is a renovation for a last period of 2 years. • After 5 years you can: o Apply for a Permanent Residence in Portugal. o Apply for the Portuguese Nationality. 3. Permanent residence • After 5 years with a Temporary Residence Permit you can apply for a Permanent Residence Permit in Portugal. Due to the increase of interest in the qualification for a Portuguese nationality via a prior residence we hereby present the relevant steps involved: 24 From residence to Portuguese nationality: relevant steps
  25. 25. Procedure Summary 4. Portuguese nationality • After 5 years of legally living in Portugal a foreign national can apply for the Portuguese citizenship, by naturalization. The following conditions are: 1. Legally living in Portugal in the previous 5 years. 2. Legal age (above 18 years old). 3. Knowledge of the Portuguese language. 4. Link to the Portuguese community. 5. Not having been convicted of a crime with a jail sentence of three or more years. 6. Not having exercised public duties (excluding technic or administrative)in favour of a foreign State. 7. Not having rendered non-mandatory military service for a foreign State. 8. Not representing a danger or threat to national security or defense (in accordance with the Terrorist Act). Family reunification • Close family members, like spouse, underaged family children and dependent ascendants in direct line are entitled to family reunification. Presence in Portugal • Holders of a Temporary Residence Permit should typically remain in Portugal. • Holders of an ARI / GV residence have to remain in Portugal for at least 7 days in the first year and 14 days in each period of 2 years. Taxes in Portugal • Portuguese tax residents: Personal Income Tax (PIT) on Portuguese and overseas income (overall worldwide income). • Portuguese tax residents under the special non-habitual regime (NHR): they benefit from relevant tax relief relating to foreign-source or high value-added income. Access available for holders of a Temporary/Permanent Residence. • Non-Portuguese tax residents: PIT on Portuguese source income only. From residence to Portuguese nationality: relevant steps 25
  26. 26. The Portuguese Government grants citizenship to foreigners who have resided lawfully in Portuguese territory for a minimum of 5 years and who satisfy the following criteria: ▪ are of legal age (18 years of age under Portuguese law); ▪ have sufficient knowledge of the Portuguese language (except for descendants of Sephardic Jews); ▪ have not been the subject of a final decision convicting them of a crime punishable under Portuguese law by a term of imprisonment of at least 3 years; ▪ have ties with the national community; ▪ have not held public office (of a predominantly non-technical nature) or done non-compulsory military service in a foreign country. Applications for citizenship are granted by way of a decision of the Minister of Justice. The Public Prosecutor’s Office has 1 year to oppose the acquisition of Portuguese citizenship on the grounds of: a) lack of ties with the national community; b) conviction of a crime punishable under Portuguese law by a term of imprisonment of at least 3 years; c) having held public office (of a predominantly non-technical nature) or having done non- compulsory military service in a foreign country. The estimated waiting time for Portuguese citizenship (after the application and all documents have been submitted) is around 6 to 9 months. This estimate does not include the small number of applications that require further administrative processing. These applications are usually dealt with in under 1 year. Processing & waiting times 26 The Portuguese Government may grant Portuguese citizenship by naturalization in a number of cases, including to: ▪ a foreigner who has resided lawfully in Portuguese territory for a minimum of 5 years; ▪ a foreigner who has been in a heterosexual or homosexual marriage to a Portuguese national for more than 3 years; ▪ a foreigner who lives in a de facto heterosexual or homosexual union with a Portuguese national; ▪ descendants of Sephardic Jews.
  27. 27. If you plan to visit, invest or have a short-term stay in Portugal you need a Schengen Visa (short-stay visa) if you come from one of the countries listed on slide 30. Countries that are not listed do not need to apply. With a Schengen visa or travelling under a visa waiver you can stay in Portugal for 90 days in every 180-day period. You can apply for a Schengen visa at any Portuguese consulate abroad. The estimated time for getting an appointment varies from consulate to consulate. For more precise information, you should call the consulate office in your country of residence. We can help you obtain a Schengen Visa. However, the purpose of your trip determines the type of visa required under Portuguese law. Traveling to Portugal 27 Appendix I
  28. 28. Law no. 23/2007, of 4 July, provides for several types of visa depending on the reason for your trip. The table below shows the main visa categories. Any of these visas will allow you to stay in Portugal for a period of 4 months in order to apply for residence. Before you apply, RPBA can help you decide which kind of visa is suitable for you and whether you meet all the requirements. We can also help our Clients to apply for a visa at Portuguese consulates abroad. For employment work Requires an employment contract or promise of employment contract; declaration from the Portuguese Employment and Training Institute (IEFP – Instituto do Emprego e Formação Profissional) confirming that the job offered is within the legally established quota; declaration attesting the skills for carrying out a profession, when the latter is regulated in Portugal. To carry out a professional activity or for business people Requires a contract of association or contract proposal for the provision of independent professional services; document issued by the relevant authority stating that the person has the skills to work in the national territory; statement regarding accomplishment or intention to make an investment of economic, social, scientific, technological or cultural importance in the national territory; certificate stating that the person has made the investment or has the available financial resources in the national territory to do so. Visa options & Residence 28 Appendix II
  29. 29. For family reunification To engage in scientific research, to teach at a higher education institution or to carry on a highly qualified activity. To study or to participate in a student exchange program, professional internship or as a volunteer. For pensioners, clergy members and independent wealthy people. The application for family reunification must first be requested from the Foreigners and Borders Service (SEF - Serviço de Estrangeiros e Fronteiras). This visa is for higher education students who are resident in a European Union Member State and wish to apply to continue a study program they have already begun or to complement it with another related study program; certificate of participation in a community or a bilateral exchange program, or a certificate that the person has been a student in a Member State for a period of at least 2 years; certificate issued by the education institution stating that the student has been admitted or meets the required conditions for admission. Please note that this table does not contain a full list for all travel purposes. A temporary stay visa allows the applicant to remain for a 4-month period and to leave and return multiple times. There are 7 subtypes of visa depending on the reason for the stay (e.g. medical treatment, transfer of workers between countries within the World Trade Organization (WTO) and to provide services or training). 29 For higher education mobility programs Appendix II Visa options & Residence
  30. 30. AFGHANISTAN BOSNIA- HERZEGOVINA CUBA GUINEA (CONAKRY) KAZAKHSTAN MARSHALL ISLANDS PHILIPPINES SAINT VINCENT AND THE GRENADINES TRINIDAD AND TOBAGO SOUTH AFRICA BOTSWANA DOMINICA GUINEA- BISSAU KUWAIT MOROCCO PAKISTAN SWAZILAND TUNISIA ALBANIA BULGARIA EGYPT EQUATORIAL GUINEA LAOS MAURITANIA KENYA SENEGAL TURKMENISTAN ANGOLA BURKINA FASO UNITED ARAB EMIRATES HAITI LESOTHO MOZAMBIQUE KYRGYZSTAN SERRA LEONE TURKEY SAUDI ARABIA BURUNDI ECUADOR INDIA LEBANON MOLDAVIA CENTRAL AFRICAN REPUBLIC SYRIA TUVALU ALGERIA BHUTAN ERITREA IVORY COAST LIBERIA MONGOLIA DEMOCRATIC REPUBLIC OF CONGO SOMALIA UKRAINE * ARMENIA CAPE VERDE ISLANDS ETHIOPIA INDONESIA LIBYA NAMIBIA DOMINICAN REPUBLIC SRI LANKA UGANDA AZERBAIJAN CAMEROONS FIJI IRAN MADAGASCAR NAURU REPUBLIC OF KOSOVO SUDAN UZBEKISTAN BANGLADESH CAMBODIA GABON IRAQ MALAWI NEPAL RUANDA SURINAM QATAR BAHRAIN CHAD GAMBIA JAMAICA MALDIVES NIGERIA RUSSIA THAILAND VANUATU BELIZE CHINA GHANA DJIBOUTI MALI NORTH KOREA SAMOA TAJIKISTAN YEMEN BENIN COMOROS GRANADA JORDAN NORTH MARIANAS ISLANDS OMAN SANTA LUCIA TANZANIA ZAMBIA BYELORUSSIA CONGO GUYANA KIRIBATI MYANMAR PAPUA-NEW GUINEA SAINT THOMAS AND PRINCE ISLANDS TOGO ZIMBABWE Countries who need Schengen Visa • Given that Ukraine has a biometric passport its citizens may stay in the Schengen area without visa during 90 days out of 180 or 180 days out of 360. Please check here updates to this information. 30 Appendix III
  31. 31. ▪ Legal assistance with your investment – whether real estate, incorporating a company or a financial investment; ▪ Assistance in obtaining the Portuguese documents required for the Golden Visa process; ▪ Assistance in administrative processing; How can we help? ▪ Assistance with the tax implications of your investment; ▪ Registering at the tax office – either as a non-resident for tax purposes or as a tax resident, and / or apply for the special non-habitual tax resident regime; ▪ Post-investment assistance. RPBA offers you a one-stop-shop service especially designed to help individuals and families obtain a Portuguese residence permit (Golden Visa): 31
  32. 32. Meet the team leader dedicated to bringing a new perspective to your issue (+351) 218 058 523 alexandra@rpba.pt Alexandra Gonçalves Marques is a Lawyer. She joined the Portuguese Bar Association in 2002 and works as Assistant Lecturer at University of Lisbon Law School in the area of Economy and Public Finance. Between 2002 and 2015 she practiced law as a sole practitioner. She has experience in Civil Litigation (including in cases of contractual or tort liability), labour, criminal, insolvency, family and minors, and tax matters. Legal advice in civil matters, labour, nationality, aliens, golden visa program, corporate, real estate, family and tax. Execution of legal opinions on tax matters. Tax Arbitrator at Centre of Administrative Arbitration (CAAD), since 2015. She obtained a Law degree from the University of Lisbon Law School, in July 1998. Post-graduation course in Banking, Stock Market and Insurance Law (Coimbra University Law School, 1999). Post- graduation Studies in Tax Law (Economic, Finance and Tax Institute, Lisbon University Law School). Master in Economic Sciences (Tax Law), from Lisbon University Law School, in 2012. Guest speaker, between 2012 and 2014, in the seminar on “Tax Arbitration”, in the course of “Major Substantive and Procedural Aspects of the main Portuguese Taxes”. Co-author, in 2010/2014, of “Constitutional Jurisprudence - Portugal” regarding tax matters in decisions held by the Portuguese Constitutional Court for the European Review of Public Law. 32
  33. 33. General warning, disclaimer, copyright and authorised use ▪ In the preparation of this presentation, every effort has been made to offer current, correct and clearly expressed information. However, the said information is intended to afford general guidelines only. This presentation reflects information current at March 24th, 2021. ▪ This presentation is distributed with the understanding that RICARDO da PALMA BORGES & ASSOCIADOS, SOCIEDADE DE ADVOGADOS, S.P., R.L. is not responsible for the result of any actions taken on the basis of information herein included, nor for any errors or omissions contained herein. ▪ RICARDO da PALMA BORGES & ASSOCIADOS, SOCIEDADE DE ADVOGADOS, S.P., R.L. is not attempting through this work to render legal or tax advice and the information in this presentation should be used as a research tool only, and not in lieu of individual professional study with respect to client legal matters. ▪ RICARDO da PALMA BORGES & ASSOCIADOS, SOCIEDADE DE ADVOGADOS, S.P., R.L. is the copyright owner of this presentation and hereby grants you a non-exclusive, non-transferable license to use this presentation provided that you do not modify its content in any way, that you keep its proprietary notices of RICARDO da PALMA BORGES & ASSOCIADOS, SOCIEDADE DE ADVOGADOS, S.P., R.L. and that you do not retain any copyright or other proprietary notices displayed on such content. 33
  34. 34. (+351) 212 402 743 geral@rpba.pt www.rpba.pt www.linkedin.com/company/rpba www.slideshare.net/rpba

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