|
Here are the basic steps to help understand
the procedures and legal acts that are
involved in acquiring a property in
Portugal. It is always recommended
that qualified legal advice be sought in any
purchase.
It is
often found practical for the buyer to
appoint a third party such as their
Lawyer to act for them legally in the
matter. A document named "Procuração
Publica" is prepared with the
necessary details and then in the Notary
Office this document is signed by the
person(s) granting the "Power of
Attorny" and registered by the Notary.
This official document can also be
created in the Portuguese language
outside Portugal in a Portuguese Consul
in a foreign country, or, in a Notary in
the language of the country concerned.
In the case of the latter the document
must have the Seal of the Notary and an
Apostil attached. An official
translation into the Portuguese language
will later be necessary.
Every buyer is required to obtain a
Fiscal Number from the local Tax Office
(Finanças).
Prior to
act of purchase, the purchase will be
subject to a Municipal payment named "IMT
- Imposto Municipal sobre Transamissões"
which as from the 1st of January 2003
replaced the previous tax payment named
"SISA". This payment is paid in
the local Tax Office nearest to the
property. The amount to be paid is
related in terms of percentage by
"platforms" to the cost of the property
being purchased. In limited cases the
buyer will be exempt from paying this
Tax.
|
Value of Property |
Percentage Applied |
Deducted Value |
|
Up
to € 85.500,00 |
1% |
€
0,00 |
|
€
85.500,00 until € 117.200,00 |
2% |
€
855,00 |
|
€
117.200,00 until € 266.400,00 |
5% |
€
4.370,00 |
|
€
159.800,00 until € 266.400,00 |
7% |
€
7.567,01 |
|
€
266.400,00 until € 511.000,00 |
8% |
€
10.231,09 |
|
Superior to € 511.000,00 |
6% |
€
0,00 |
Example:
Price of property = € 100.000,00 x 2 %
(% tax to apply) = € 2.000,00
Deducted Value (difference) € 855,00
Total to be Paid = € 2.000,00 - € 855,00
= € 1.145,00 IMT Tax
Commercial and building plots: pay flat
rate of 6,5% of IMT Tax
Rustic and Agricultural lands: pay flat
rate of 5% IMT Tax
When buyer is an Offshore company, Tax
to be paid is flat rate of 15%
When all
the above requirements have been
completed the act of sale can proceed in
any Notary Office. This act is known as
the "Escritura de Compra e Venda"
which takes place in front of the
selected Notary and is recorded in his
official books. The Notary will check
prior to the act of sale that all the
necessary documents are correct to
ensure that the sale can proceed
according to the facts provided. It is
at this moment that payment is normally
completed to the seller, and when
applicable, the balance of purchase has
to be made according to the signed
Contract in Point 2 above. After the act
is recorded the Notary Office will issue
an official photocopy of the entry which
is the proof to the buyer that the act
has officially taken place. The
photocopy will carry the seal of the
Notary but as further official copies
can be requested at any time this
document should not be mistaken for a
"Title Deed" - as known in the UK.
Stamp Duty
A Tax is levied on all documents, books,
papers, acts and products listed in the
General Schedule Stamp Duty Schedule and
is determined by the value of the act,
or, contract. A property purchase is
subjected to a Stamp Duty of 0,8% of the
declared value.
On completion
of the above Notarial act the property in
question has then to be registered in the
new owners name in the Land Registry (Conservatoria
do Registo Predial). This registration
is not obligatory until the owner wishes to
sell the property However, it is strongly
recommend that this registration is made
immediately after the Notary act as a
preventative measure against a possible
financial abuse by the previous owner.
Every year the
owner of any property is subject to pay an
annual Tax named "IMI" (formerly know as
"Contribução Autarquica"), which can be
related to the UK word "Rates". This charge
is levied each April relating to the
previous year and if the amount exceeds
€250.00 then it will be divided into two
equal bills, the first for payment in April,
and the second, for payment in September. It
is most important to pay this charge as the
failure for doing so eventually results in
the property being placed for sale on the
market by the State and goes to the highest
bidder.
IMI - (Imposta Municipal de Imóveis)
This is a municipal tax is levied on the
taxable estate value on all properties
located in Portuguese territory. The taxable
person is the named owner of the property,
usufructuary and surface rights holder, as
on the 31st of December of the year in which
the tax is related.
The IMI Rates are calculated on the
following basis: for Rural properties 0,8%;
for Urban properties-between 0,2% to 0,5%
(variable from council to council and
reviewed annually)
|