An American couple living in Texas want to make an offer on a flat in Lisbon. What do they need before they can buy?
- A Portuguese residence permit
- A Portuguese tax number (NIF), applied for through a tax representative because they live outside the EU and EEA
- Nothing, a US passport is enough at the deed
- Approval from IMPIC for foreign buyers
Portugal has no nationality restrictions on buying, but every buyer needs a NIF, which is also needed to open a Portuguese bank account. People living outside the EU or EEA must appoint a fiscal representative to apply for it on their behalf.
Global Citizen Solutions: Buying property in Portugal, 2026 guide (2026-10) A Brazilian investor asks: 'If I buy a EUR 600,000 apartment in Porto, do I get a golden visa?' What is the correct answer?
- Yes, EUR 500,000 in property still qualifies
- Only if the property is in a low-density area
- Yes, if he also renovates it
- No, property purchases stopped qualifying for new golden visa applications on 7 October 2023
Law 56/2023 (Mais Habitação) removed real estate and the plain capital transfer route. Remaining routes include EUR 500,000 in a qualifying investment fund, a EUR 500,000 company investment creating five jobs, or donations to research or culture. Never promise residence through a home purchase.
Global Citizen Solutions: Portugal golden visa changes, October 2026 (2026-10) A Chinese client got his golden visa in 2021 by buying a flat in Lisbon. He asks if he must sell or reinvest now that property no longer qualifies. What is the accurate answer?
- Existing holders stay under the rules that applied when they applied and can renew on those conditions, as long as they keep the investment and meet the stay requirement
- He must switch to a fund investment at his next renewal
- His visa was cancelled automatically in October 2023
- He can keep it only if he becomes a tax resident
The 2023 change applies to new applications. Existing holders keep their original conditions, including the minimum stay of seven days in the first year and 14 days in each later two-year period. Refer him to an immigration lawyer for his own file.
Global Citizen Solutions: Portugal golden visa changes, October 2026 (2026-10) A British buyer who has never lived in Portugal buys a home on the mainland for EUR 400,000 in October 2026, in cash. How much IMT and purchase stamp duty does he pay in total (EUR)?
EUR Since 25 May 2026, Decree-law 97/2026 applies a flat 7.5% IMT to non-residents buying a home: 400,000 x 7.5% = 30,000. Stamp duty on the purchase is 0.8%: 400,000 x 0.8% = 3,200. Total 33,200, before deed and registration costs.
Morais Leitão: 2026 Housing Tax Package (Decree-law 97/2026) (2026-05) A French client now lives in Paris but was tax resident in Lisbon from 2015 to 2019. He is buying a holiday flat in Cascais. Does the 7.5% non-resident IMT apply?
- Yes, every non-resident pays 7.5% without exception
- No, French citizens are exempt as EU nationals
- No, a non-resident who was previously tax resident in Portugal pays the general IMT rates
- Only if the price is above EUR 1 million
The tax authority's guidance of September 2026 says the 7.5% rate applies only to buyers who have never been considered resident in Portugal. EU citizenship alone does not exempt anyone. As a second home, his flat then follows the general second-home brackets.
idealista: Having lived in Portugal can avoid the 7.5% IMT for non-residents (2026-09) A German buyer paid 7.5% IMT in June 2026 and plans to move to Portugal next year. How can she recover the difference?
- It is refunded automatically when she gets her residence card
- If she becomes resident within two years of the purchase, she can file a reclamação graciosa within six months to get back the difference with the general rates
- She cannot, IMT is never refundable
- She must resell the home within two years
Becoming resident within two years of the purchase opens the refund of the difference between 7.5% and the general rates, claimed through a reclamação graciosa (administrative complaint) within six months. Tell her to diarise the deadlines with her tax adviser.
idealista: Having lived in Portugal can avoid the 7.5% IMT for non-residents (2026-09) An American investor will not move to Portugal but wants to let his new Lisbon flat. Which rental plan can also get his 7.5% IMT refunded?
- Letting it on Airbnb for at least 180 nights a year
- Letting it at any rent for one year
- Letting it to a company for staff housing for six months
- Letting it at a moderate rent of up to EUR 2,300 a month, starting within six months, for at least 36 months in the first five years
Decree-law 97/2026 allows the refund when the home is let at a moderate rent, up to EUR 2,300 a month, within six months of the purchase and for at least 36 months during the first five years. Short-term letting does not count.
Morais Leitão: 2026 Housing Tax Package (Decree-law 97/2026) (2026-05) A married couple in community of property (comunhão de bens) live in London and buy a home together. The wife was tax resident in Porto years ago; the husband never was. Which IMT applies?
- The general rates, because one spouse's past residence takes the couple outside the 7.5% regime
- 7.5% on the whole price
- 7.5% on the husband's half and general rates on the wife's half
- They are exempt from IMT
For spouses in community of property, the tax authority applies 7.5% only when both are non-resident and neither was ever resident in Portugal. In co-ownership outside marriage, each buyer is assessed separately.
idealista: Having lived in Portugal can avoid the 7.5% IMT for non-residents (2026-09) A German investor wants to buy in Santa Maria Maior (Alfama, Baixa) and run it as a new AL holiday let. What do you tell him?
- He only needs to register on RNAL, approval is automatic
- The parish is in absolute containment under Lisbon's AL rules since 6 December 2025, so new registrations are banned in principle
- He needs the condominium's unanimous consent, then he can register
- AL is allowed there only for flats under 50 sqm
Santa Maria Maior has Lisbon's highest AL ratio and is in absolute containment, where new registrations are barred save narrow exceptions such as some rehabilitation projects. In relative containment parishes, a new AL needs express authorisation from the city council.
GuestReady: AL containment areas in Lisbon (2026) (2026-05) A Dutch buyer fears his new neighbours could shut down the AL he is buying in Faro. Since Decree-law 76/2024, how can a condominium act against an AL?
- Any single owner can cancel the registration
- The condominium administrator can cancel it at any time
- Owners holding more than half of the building's permilage can pass a reasoned objection over repeated disturbance, and the mayor decides
- Condominiums have no say at all over AL
Decree-law 76/2024 removed the condominium's power to cancel an AL on its own. A reasoned objection needs owners with more than half of the permilage and must rest on repeated disturbance, and the final decision belongs to the mayor.
Turismo de Portugal: Changes to the alojamento local regime (Decree-law 76/2024) (2024-10) Your British buyer's lawyer wants to check who owns the house and whether it carries a mortgage or a seizure. Which document shows this?
- The certidão permanente do registo predial
- The caderneta predial
- The energy certificate
- The licença de utilização
The certidão permanente lists all current land registry entries, including owners and charges such as mortgages or seizures. It costs EUR 15 online and is valid for six months. The caderneta predial is the tax record.
Caixa Geral de Depósitos, Saldo Positivo: Selling a home, documents and costs (2023-11) A seller in Gaia asks what the caderneta predial urbana is and where to get it. What do you answer?
- It is the building permit, issued by the city council
- It is the land registry certificate, EUR 15 online
- It is a certificate from the notary, only issued at the deed
- It is the property's tax record (location, areas, tax value, owners), used for IMI and free on the Portal das Finanças
The caderneta predial is the tax office's record of the property and the basis for IMI. It is free online on the Portal das Finanças (a counter request has a cost) and valid for one year.
Caixa Geral de Depósitos, Saldo Positivo: Selling a home, documents and costs (2023-11) A Canadian buyer loves a townhouse in Porto's centre built in 1920. The seller has no licença de utilização. Is that a problem?
- Yes, no deed can ever be signed without it
- Not by itself: buildings built before 1951, when the RGEU came into force, do not need a licença de utilização
- Yes, but the energy certificate replaces it
- No, the licence is only needed for commercial property
The licença de utilização, issued by the câmara municipal, states the permitted use (housing, commerce, services). Buildings from before 1951 are exempt, but the lawyer should still check that later works were licensed.
Caixa Geral de Depósitos, Saldo Positivo: Selling a home, documents and costs (2023-11) A Lisbon owner wants you to advertise his flat now and 'sort out the energy certificate later'. What do you say?
- Fine, it is only needed at the deed
- It is optional for homes built before 2013
- The certificate is required before advertising for sale; advertising without it can bring a fine, so we order it first from an ADENE-qualified expert
- Only new builds need one
The energy certificate, with classes from A+ to F, has been mandatory for homes on sale since 2013, and advertising without it can bring a fine of EUR 250 to EUR 3,740. For housing it is issued by ADENE-qualified experts.
idealista: Selling a home, which documents are needed (2022-04) Under anti-money laundering Law 83/2017, when must a Portuguese agency identify its clients in a sale?
- When the mediation contract is signed, and always before the CPCV or the deed
- Only at the deed, the notary does it
- Only if the client pays in cash
- Only for buyers from outside the EU
IMPIC says identification happens, as a rule, before the business relationship starts: in mediation, at the signing of the mediation contract and always before the promissory contract or the deed. It applies to every client, whatever their nationality.
IMPIC: Mandatory communications of real estate activities (Law 83/2017) (2026-10) A Luxembourg company wants to buy a villa in Comporta through your agency. For AML, whose details must you collect besides the company's registry data?
- Only the director who signs
- Nobody else, a company certificate is enough
- Only shareholders who are Portuguese residents
- Holders of stakes of 5% or more and the members of the board
For legal persons, IMPIC lists the name, purpose, seat, tax number, country of incorporation, activity code, holders of stakes equal to or above 5% and the board members, proved by the commercial registry certificate or equivalent.
IMPIC: Mandatory communications of real estate activities (Law 83/2017) (2026-10) A buyer refuses to explain where his funds come from and wants to rush the deed. You suspect the money may be criminal. What must the agency do?
- Ask the client for a written explanation and continue if he signs it
- Report it immediately to DCIAP and the UIF, suspend the operation and not tell the client about the report
- Warn the client that you will report him unless he explains
- Just drop the client, nothing else is required
Under Law 83/2017, a suspicious operation, even an attempted one, is reported at once to the DCIAP (Public Prosecutor) and the UIF (Polícia Judiciária's financial intelligence unit). The operation is suspended, and tipping off the client is forbidden.
IMPIC: Mandatory communications of real estate activities (Law 83/2017) (2026-10) Your agency lets a Lisbon apartment to an Angolan executive at EUR 3,000 a month, signed in August 2026. What must the agency report to IMPIC, and by when?
- Nothing, only sales are reported
- Only if the rent is paid in cash
- The lease, in the quarterly report for Q3 2026, due by 31 December 2026, because the rent is EUR 2,500 a month or more
- The lease, within five days of signing
Agencies report every sale and every lease with a monthly rent of EUR 2,500 or more to IMPIC each quarter. The deadlines are 30 June for Q1, 30 September for Q2, 31 December for Q3 and 31 March of the next year for Q4.
IMPIC: Mandatory communications of real estate activities (Law 83/2017) (2026-10) A British buyer says: 'With this new 7.5% tax, Portugal is now too expensive. I'll wait.' What is the most professional response?
- Tell him the tax will surely be cancelled soon
- Offer to cut your fee to cover the tax
- Agree and close the file
- Acknowledge the concern, show the full cost on his real budget, explain the refund routes (residence within two years or a moderate long-term let) and suggest he checks them with a tax adviser
Handle an objection by acknowledging it, replacing worry with exact numbers and showing his options, without promising tax outcomes you cannot control. Cutting your fee or speculating about the law undermines your credibility.
A Brazilian buyer says your agency's 5% fee plus VAT is 'too high' and asks you to drop it to 2% before he even visits. What is the best first reply?
- Explain what the fee covers (pricing, marketing, buyer checks, negotiation, coordination to the deed), remind him the seller usually pays it on a resale, and focus on finding the right home
- Accept 2% at once to keep the client
- Tell him fees are fixed by law at 5%
- Ignore the question and book viewings
No law fixes the fee in Portugal, so never claim it is legal; just explain the value behind it. On a resale the seller usually pays, so a buyer's fee objection is often a misunderstanding you can clear calmly.
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