Inheritance tax in Portugal: managing your estate

• How does inheritance tax work in Portugal?Inheritance law on pensions in Portugal

• Inheritance law on pensions in Portugal

• How much is inheritance tax in Portugal?Does estate tax exist in Portugal?

• Does estate tax exist in Portugal?

• How do I pay tax on an estate in Portugal?

• Useful resources

How does inheritance tax work in Portugal?

Inheritance tax rules in Portugal state that the process should be governed by the home country of the deceased. This is laid out in law within the Portuguese civic code (in Portuguese).

This means that, unless otherwise stated in a will, your estate is dealt with and taxed according to the inheritance laws in your home country.

If the spouse of the deceased is of a different nationality to them, Portuguese inheritance law allows the country of residence to apply. So, if you’ve retired in Portugal, Portuguese inheritance law could apply.

Wills and estate planning in Portugal

If Portuguese inheritance law applies to your estate, this uses a system of forced heirship. This means certain relatives, such as spouses and children, have claims to a certain portion of the estate, regardless of what’s in your will.

Inheritance law on pensions in Portugal

Spouses or children under 18 years old (or 27 if they’re studying; there is no limit if they are disabled), may receive the deceased’s pension payments. The deceased must have been receiving, or been entitled to receive, a contribution-based, old-age, or disability Portuguese pension.

This can be paid out to spouses and former spouses and children. If there are none, parents or grandparents can be paid if the deceased had been responsible for them.

Expatica’s guide to

Pensions in Portugal: how to get a Portuguese pension

The survivor’s pension pays out up to 60% of the deceased’s pension.

How much is inheritance tax in Portugal?

Strictly speaking, the Portuguese government abolished inheritance tax several years ago, but a stamp duty (Imposto do Selo) may apply instead. This applies at a flat rate of 10%.

The tax only applies to Portuguese assets rather than assets held in other countries. Also, legitimate heirs are exempt from paying the tax. These heirs include a spouse, children, grandchildren, parents, and grandparents.

Some people may have to pay administration fees, particularly if the heirs are not Portuguese. That’s because you must translate and stamp many of your non-Portuguese documents.

Occasionally, prior debts may reduce the overall value of the estate. However, Portugal has laws in place that protect people from inheriting debts left by the deceased.

There are several tax exemptions for those collecting an inheritance in Portugal. If you inherit stock dividends, social security allowances, personal goods, or credit from life insurance, they are all tax-free.

Does estate tax exist in Portugal?

As with other assets, Imposto do Selo may apply if you inherit a property. However, in order for it to qualify as part of an estate, you must register any Portuguese property with the local land registry office (Portal do Cidadão). Information on how to apply for a land registry certificate is available from Portugal’s e-government portal.

In cases where the deceased donated property during their lifetime instead of bequeathing it, additional taxes may apply.

The tax system in Portugal

If you sell part of your estate, you may also need to pay property tax or capital gains tax. The tax rate for capital gains is 28%, which covers investment income.

How do I pay tax on an estate in Portugal?

If you have to pay tax on an inheritance in Portugal, you must do so within three months from the date of death. This is a strict deadline; if you’re late, you may have to pay a fine and daily interest.

To help reduce tax paid by expats, Portugal has double taxation treaties with more than 60 countries, including Germany, Hong Kong, and the United Kingdom. This means you can offset the tax paid in Portugal against any tax you might owe in your home country.

Useful resources

• Portuguese tax authority (in Portuguese)

• Request a land registry certificate