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WEBINAR: Moving to Portugal as an American

WEBINAR: Moving to Portugal as an American

Let’s dive into financial life in Portugal as an American.

When people reach out to our team of US expat financial advisors, there’s a good chance they’re either living or planning a move to a certain place – Portugal. And it’s not just something we’ve seen. It’s something the Wall Street Journal & LA Times have written about, too.

So as Portugal continues to grow in its popularity for Americans moving abroad, we’re focusing in on the key components of such a move from a finance & investing lens. After all, those areas will impact your experience in Portugal, whether it’s two years or for the duration of your retirement.

Our team of advisors – Stan Farmer, CFP®, J.D; Syl Michelin, CFA; and Keith Poniewaz, Ph.D. – present and then answer questions in the second portion of the webinar. Questions before or after watching the webinar? Send us an email at [email protected].

You can watch the full replay below or on Walkner Condon Financial Advisors’ YouTube channel.

If you have any questions, we’d encourage you to submit them ahead of time using the button below.

DISCLOSURES
Walkner Condon Financial Advisors is a registered investment advisor with the SEC and the opinions expressed by Walkner Condon Financial Advisors and its advisors in this webinar are their own. Registration with the SEC does not imply a certain level of skill or training. All statements and opinions expressed are based upon information considered reliable although it should not be relied upon as such. Any statements or opinions are subject to change without notice. Information presented in this webinar is for educational purposes only and does not intend to make an offer or solicitation for the sale or purchase of any specific securities, investments, or investment strategies. Investments involve risk and unless otherwise stated, are not guaranteed. Information in this webinar does not take into account your specific situation or objectives and is not intended as recommendations appropriate for any individual. Viewers are encouraged to seek advice from a qualified tax, legal, or investment advisor to determine whether any information presented may be suitable for their specific situation. Past performance is not indicative of future performance.

Three Things To Know About Portugal’s Non-Habitual Residence (NHR) Program

Three Things To Know About Portugal’s Non-Habitual Residence (NHR) Program

One of the major developments in my practice has been the considerable uptick of expats considering (and consummating) a move to Portugal. Having lived briefly in Lisbon years ago, it’s been a true pleasure to see Portugal not just register on the American expat heatmap, but to become an epicenter of sorts. Portugal’s Non-Habitual Residence (NHR) tax program is a key driver behind this trend.

One of the more negative aspects of American expat life in Europe tends to be the cost of living. This is often the case when it comes to housing, goods, transportation, etc., but it is even more true when it comes to TAXES. Both income taxes and wealth transfer taxes (gift, estate, or inheritance taxes) tend to be much higher in Europe than in the United States. Because the United States uniquely practices “citizenship-based” taxation, this basically means that U.S. federal tax rates are the floor for an American’s global tax liability. However, when a U.S. expat takes up residence in a country with higher tax rates, the new residence country’s tax rates become a higher ceiling. Portugal has managed to attract American expats by substantially lowering that ceiling for a 10-year period of time, and they’ve been wildly successful in attracting U.S. expats as a result.

But before you go buy that dream home in the Algarve, Cascais, Porto, or Cintra, you should get very well acquainted with the NHR program and make sure you understand its details, requirements, and limitations. We’ll get you started on that homework by discussing three important aspects of the program.

Most “Non-Portugal-Source” Income Is Not Taxed In Portugal 

If you opt into the NHR Program, which you must do after obtaining a residence visa and before you’ve completed your first year as a tax resident, much of your income from foreign sources are excluded from Portuguese income tax. There are important caveats or exceptions. First, the program changed in 2020 (March 31) regarding foreign pension income (e.g., IRA, 401k, defined benefit pensions, etc.). For those entering the NHR program after March 31, 2020, Portugal will tax foreign pension distributions at the flat rate of 10%. For Americans, this is a change with little consequence, as the Portuguese tax on pensions produces a foreign tax credit that can be used to reduce the remaining U.S. tax liability from those distributions. Also, U.S. Social Security payments and payments from a U.S. federal, state, or local government pension (e.g., a transportation authority pension, the federal TSP, a state government pension, or public school system retirement plan) are only taxable in the U.S., by treaty

Second, U.S.-based portfolio income (intangible personal property), including dividends and capital gains in taxable brokerage accounts (i.e., not pensions), may still be taxed in Portugal at the Portuguese standard tax rate of 28%. The issue is somewhat unclear under the program, but most Portuguese tax preparers tend to take the conservative position that these sources of income are taxable and not excluded under the NHR program. We would encourage you to find and consult with a tax preparer in Portugal to make the final determination on that issue. 

Finally, I would point out that income from consulting or other services performed for businesses outside of Portugal may also be excluded from Portugal’s income tax during the NHR period. For this very reason, Portugal has become a haven not only for U.S. retirees but also for the so-called “digital nomads” working remotely for U.S. (and non-U.S.) companies.

Working in Portugal Is Still Tax-Advantaged While in the NHR Program

The NHR program is not just for retirees, independent contractors/consultants, and digital nomads. If you decide to work in Portugal while participating in the NHR program, Portugal-sourced earned income is taxed at a flat 20% rate instead of those higher progressive Portuguese income tax rates. This might exceed your U.S. federal effective tax rate, or not, depending on your individual income levels. Nonetheless, it is certainly a tax break from standard progressive income tax rates that apply to earned income in Portugal. Moreover, the foreign-earned income exclusion (FEIE) and foreign tax credits from Portuguese income tax paid on earnings should substantially reduce, if not altogether eliminate, U.S. federal tax liability. 

“Non-Habitual” Resident Is Not A Particularly Apt Name For This Program

The term “non-habitual resident” implies someone who transits between Portugal and their home country or suggests that NHR participants are merely visiting. However, to be clear, you can buy a home in Portugal (not required, of course), declare Portugal your adopted permanent home, and still qualify for the NHR tax status. The tax benefits of NHR expire after 10 years, but nothing precludes a longer stay and, in fact, I’m sure the Portugal tax authority would appreciate it if many stayed and began paying normal Portugal income taxes thereafter.

Moreover, to qualify for the NHR program, you must first obtain a residence visa and become a tax resident of the country. After you become a Portuguese resident, and only in the first year of tax residency, you may then opt into the NHR program. Beware that you may need to make a significant investment (financial commitment) in Portugal to obtain a residence visa – unless you hold an EU passport – which might simplify the process considerably. In fact, if you qualify for citizenship in another EU country, obtaining such dual citizenship might expedite the process or alleviate some of the financial requirements. Consulting with one of the many immigration services skilled in the Portuguese residence programs is an essential step in the process.

Portugal has become a premier destination for expats, including American expats, looking for a home in Europe that is both comfortable and affordable. The NHR program’s intriguing benefits are worthy of serious consideration to both young globetrotters and retirees alike. As always, please feel free to reach out to Walkner Condon to discuss your specific situation.

Top 5 Destinations for U.S. Expats in 2022

Top 5 Destinations for U.S. Expats in 2022

I’ve given myself a fun assignment this time around as we look forward to 2022. No worries about where the stock market may be heading after a great bull run off of the panic lows brought on by the pandemic in early 2020. No wondering what sectors or asset classes look primed to perform, or fizzle, in 2022 in this article. What a relief to not have to worry that my market predictions committed to writing will come back to haunt me next year… Those are all on my mind every day, of course – occupational hazard! On this occasion, I’ve decided to turn my focus to dreams of ideal expat lifestyles instead.

I thought it might be a good time to consider where investors might decide to go and live off of the nest egg they’ve accumulated over their lives, particularly after the good market years we’ve had. Or where they might go after cashing out on the massive appreciation in the U.S. homes. Lately, the employment numbers are suggesting that many, including a surprisingly high number of Americans that are still in their traditional “working” years, have decided not to return to the office and prefer retirement, or some form of quasi/semi-retirement, instead. I talk to such people on a weekly, usually daily basis, so I have at least some perspective to offer on the subject.

As an expat financial advisor, I get the privilege of helping Americans game plan for these types of life-changing moves. This can be incredibly satisfying work, meeting so many different people with diverse backgrounds, financial circumstances, and lifestyle objectives and helping each one of them map out a sustainable long-term plan that allows them to accomplish their dreams of living their new adventure abroad. I thought it might be worth discussing some of the top destinations where Americans, still working or in retirement, seem to be going, and just comment on a few of the considerations that might factor into their planning once they decide on these new residence countries.

This is by no means an exhaustive list of great destinations for expats, and I’ll admit there is a bias toward destinations both within our advisory experience and that offer financial efficiency (bang for the buck) on top of quality of life that will intrigue potential American expats. Additionally, the options needed to include a couple of great places to work (office or remotely) and not just retire. Accordingly, I’ll discuss five top destinations in alphabetical order rather than any particular ranking.

COSTA RICA

When I think about retiring abroad on a tight budget, my mind immediately turns to our southern neighbor (Mexico), and their neighbors (Central and South America). Many of the positives that expats can find in Costa Rica apply to a good deal of the countries in the region. However, we’ve narrowed the list to five countries and the Americas deserve a spot, and it goes to Costa Rica.

One thing that may concern would-be expats is political/military stability. No one wants to buy a property abroad and then find their new residence country embroiled in civil war or border conflicts – talk about disrupting the quality of life! As far as that risk goes, Costa Rica seems like a Latin America best bet in terms of political/military conflict and is often hailed as the “Switzerland” of Latin America. Let’s assume that’s not for the great skiing and hot chocolate and simply because Costa Rica has no military and, instead, focuses on education and healthcare.

From a tax perspective, Costa Rica seems better than Switzerland … by a long shot. If the U.S. expat’s income comes from all U.S. sources, they should not incur Costa Rican income taxes. If the expat is working while resident in Costa Rica, the income tax rates in Costa Rica are usually lower than effective U.S. tax rates. Since U.S. citizens and permanent residents (green card holders) still have to pay income taxes, but can use the foreign earned income exclusion and/or foreign tax credits to offset U.S. tax liabilities, working in a lower-tax country like Costa Rica isn’t likely to increase the overall income tax burden for Americans by much, if at all. Property taxes are also pleasantly low, at 0.25% of the property value.

But what also makes Costa Rica truly attractive is that those after-tax dollars go further than they would in your typical tropical or oceanfront paradise. Costa Rica is famously affordable in terms of good housing (renting or owning) and your other typical expenses to enjoy a suitable quality of life. The healthcare system in Costa Rica is considered quite good and affordable. Once an expat becomes a legal resident of Costa Rica, they can participate in a government-run health system by choosing either to pay cash or purchase private insurance. Either way, expect the prices of good healthcare to be lower – much lower, than here. Finally, Costa Rica is known to have a relatively straightforward residency program for expats, which might check another very important box for Americans looking to venture abroad.

FRANCE

France offers a wide range of lifestyle choices from the bustling cultural epicenter of Europe (Paris) or vibrant Lyon, to less urban, pastoral fare throughout the nation and, of course, the relaxing and sublime Mediterranean southern coast. There is something for everyone’s budget in France in terms of where to live, and great food and wine to make whatever lifestyle the expat wants all the better! The variety of regions within France is truly magnificent, including Spanish influences in the West and German influences in the East. Living in the center of Western Europe also opens the door to affordable and convenient trips to the rest of the continent, too!

French taxes would normally give Americans a fair amount of sticker shock. If you live and work in France, there’s no getting around that issue. However, and to the surprise of many, France can be a very, very attractive option for U.S. expats in retirement. The secret ingredient to an affordable francophile retirement lies in the fine print of the income tax treaty between the U.S. and France. Americans enjoy substantial treaty relief from French income taxes on most of their U.S.-source income – from their pensions and Social Security to their dividends and capital gains on U.S. stocks, their interest payments from U.S. bonds, and their rental income from U.S. properties to boot! A word of caution for affluent Americans who want to spend the entirety of retirement in France: the inheritance tax treaty is not similarly generous. If leaving a legacy to your family is a priority, keep that in mind. If it is not, France is calling you, but perhaps leave your tacky American tourist outfits behind.

MALAYSIA

We’re big fans of diversification at Walkner Condon and it seemed unfair to ignore Asia’s treasure trove of quality expat offerings. If you pursue the publications on best destinations to live, it’s clear that Asia has many quality offerings, including Vietnam, Thailand, Singapore, Hong Kong, Taiwan, and, of course, Malaysia. Based on a sampling of expats that I talk to, the pandemic has altered the atmosphere in Singapore in terms of visa processing and genuine openness to immigration. When it comes to Hong Kong and Taiwan, the current positioning of the Chinese government is hard to ignore. Accordingly, while I have great fondness and familiarity with these destinations, I can’t give them a current top-five ranking. 

Malaysia edges out the neighboring competition for consideration as a top-five expat destination in the world and the Asian representative on our list for 2022. It has a highly educated population with a tremendous healthcare system. Kuala Lumpur may be one of the most underrated (and/or least discussed) cities in the world – a financial/economic powerhouse that offers a high quality of life and great opportunities to work. A recent survey of 15,000 expats ranked Kuala Lumpur as the best city for expats, citing its relative affordability, livability, and ease of settling into life there. For those seeking refuge in natural beauty, from green pastoral hillsides to beaches and unspoiled islands, Malaysia has something unique to offer you.

One of the attractions from our perspective is the territorial approach to income taxation in Malaysia. For a U.S. expat living in Malaysia, this means that income generated outside of its borders will not be subject to Malaysian income tax. This is a recurring theme in our rankings and for good reason – Americans always have to deal with U.S. federal taxes no matter where they live, so why not find a country of residence that does not add to the burden! While those who work in Malaysia will be subject to taxes on their earnings, the Malaysian income tax system is progressive but relatively compatible with U.S. federal income tax rates (30% maximum on income above approximately $500,000), so the net tax burden of Malaysian taxes should be minimal for most expats working there.

Other strengths of Malaysia include the fact that expats give the country high marks for ease of immigration (the visa process) and transition. You can get by with English in most places, too. If you decide to move there, you’ll find a population that is very accepting of expats. It’s been a haven for Americans and Brits in particular for decades, so you may find a social community to help guide you as you transition to life abroad, too!

PORTUGAL

Portugal has a long tradition as a favorite host to European (particularly British) retirees who want to remain in Europe but desire a friendly culture with an attractive budget so they can stretch their pensions further. Over the past couple of years, Americans have finally caught on to the fantastic value and tremendous quality of life that beckons in Portugal. Without any doubt or close second on or off of this list, Portugal has trended higher and higher for Americans looking to move abroad. 

Portugal offers one of Europe’s greatest concentrations of English-speaking expats along the southern coastline (especially the Algarve region). But Americans seem to be moving in droves to Lisbon, the beautiful coastal area of Cascais just to the north of Lisbon, Coimbra and Porto as you journey further north, and Setubal should you prefer to live just West of the capital. Moreover, Portugal has become more than a retirement destination for Americans, but also for younger families that have careers that allow them to perform their work from anywhere (e.g., consultants and “digital nomads”). Portugal ranks high on Europe’s relative affordability scale, with very reasonable and good health care. Like France, Portugal has a relatively laid-back culture where people enjoy long, relaxing meals with good wine and a general zest for life.

This infusion of expats to Portugal is no accident. Rather, it is the byproduct of a concerted effort by the Portuguese government to inject their economy with affluent foreigners. At the heart of that effort is an immigration policy that includes a Golden Visa program, whereby foreigners wanting to live in Portugal make investments in property or Portuguese-based funds that are committed to developing the country. The other important component is, not surprisingly, very friendly taxation policies to make living in Portugal more financially attractive. First, Portugal has abandoned death taxes and has neither an estate tax nor an inheritance tax. Retirees looking to leave a legacy to their families will find this advantageous to the estate planning dilemma presented in most western European countries. Second, and perhaps more significantly, Portugal has rolled a tax regime that is wildly popular with expats known as the “non-habitual resident” (NHR) program.

Originally, Portugal’s NHR program enabled expats to avoid Portuguese income taxes on almost all non-Portugal source income. There are exceptions beyond the scope of this discussion. It is noteworthy that the NHR program was slightly modified in 2020 to place a 10% flat tax in Portugal on foreign pension (e.g., 401k, defined benefit pensions, IRAs, and Social Security) distributions. However, for Americans, who pay U.S. income tax on their income from all worldwide sources, the 10% Portuguese income tax on pensions produces a foreign tax credit that reduces U.S. income liability by the amount paid to Portugal, so this is usually not a true fiscal burden for U.S. expats that wish to retire in Portugal. The tax break also extends to those who wish to live and work in Portugal, because the NHR program will lower the Portuguese tax on wages/earned income that is Portuguese-sourced to an attractive flat rate of 20%. 

The NHR program is available to be claimed during your initial year of Portuguese tax residency and extends for the first 10 years of tax residency. Thereafter, expats remaining for longer will be subject to normal Portuguese tax rates on income from all worldwide sources. Those tax rates currently run progressively higher than comparable U.S. federal income tax rates, so plan accordingly. For those envisioning a retirement that begins with an overseas adventure and plenty of travel around the European continent, Portugal and its NHR program are more than worthy of further investigation!

UNITED KINGDOM (UK)

Dreaming of retirement in a tropical paradise? Looking to learn a new language and immerse yourself in a completely different culture? If the answer to these questions is a “hard no,” then the United Kingdom may be your best bet as the overseas destination of choice. Besides the kinship with America, if you were concerned over the last few years that Brexit would destroy the nation … so far, it hasn’t.

It’s no surprise that the United Kingdom remains, as always, a haven for U.S. expats. It’s simply an easier cultural transition, and the amount of business transacted between the former colonies and Britain means that immigration between the two allies solidifies the UK as an attractive landing spot for Americans abroad. Of all the residence countries that my clients call home, it is also the one where the “dual national” status – holding both the U.S. and residence country passports – is most common. Much like the United States, the United Kingdom offers a diversity of urban, suburban, and rural locations, and the cost of living can vary dramatically depending on the lifestyle that best suits the expatriate. 

The United Kingdom also offers the expat adventurer some potential tax relief through the remittance basis of taxation. That’s sometimes helpful because UK income taxes are usually more onerous than American expats may be accustomed to. However, this tax status is complex with a myriad of special rules. To be brief and overly general about the remittance basis of taxation, expats can elect freely in any of their first seven years as a UK tax resident to pay UK income taxes on only (1) their UK-source income, and (2) the income that they remit (bring over) to the UK. If an expat is either (a) planning on staying in the UK for a relatively short period, and/or (b) has the bulk of their income coming from non-UK sources, this can be an attractive incentive indeed. Otherwise, if you are (a) working in the UK, and/or (b) planning to remain in the UK longer term, the remittance basis of taxation may not be your cup of tea. Be sure to work with a very good tax expert that can advise on your U.S. and UK income taxes before deciding on whether to make that election and how to navigate your money movement across the Atlantic thereafter!

Sorry if the last paragraph made your head hurt or put you to sleep … the financial advisor in me precludes an article fit for a travel magazine. At the end of the day, our international team loves learning about our clients’ collective and unique experiences living abroad and we aim to help them stretch their accumulated wealth as far as possible wherever they may settle. Taxes, housing costs, general cost of living, healthcare quality, and cost all should factor into the analysis. There are so many great choices to consider for an American contemplating a move overseas, so we recommend both an open mind and that the would-be expat does their homework ahead of time. Let us know if we can help in that regard.

This piece is part of Walkner Condon Financial Advisors’ 2022 Investment & Market Outlook Guide. You can read the entire guide by clicking the image above or by clicking here.

What to Consider Before Moving to Portugal as a US Expat

What to Consider Before Moving to Portugal as a US Expat

Portugal has been a very attractive retirement destination for foreigners for a long time, and I suspect that in places such as the coastal towns of the Algarve, you might wonder whether Portugal was part of the British Commonwealth of Nations, given the abundance of retired Brits. Portugal has grown tremendously in recent years as a popular destination for Americans, too, and the amount of clients that we serve that now call Portugal home has been an undeniably prominent trend recently. 

In this article we’ll explore five topics that every American moving to Portugal, or considering a move, should know. Whether you plan to work, start or continue a business, or retire in Portugal, these are subjects that you may pique your interest, and perhaps invite further conversations with us as you refine your plans to move to Portugal as an expatriate.

Portugal is H-O-T 

(… and we’re not just talking about the pleasant Mediterranean climate!)

Portugal has long been an expatriate haven, but largely for Europeans. In recent years, however, the growth of the expat population has been rather explosive. In 2018, for example, the Portuguese immigration service (SEF) reported that the number of expats in Portugal grew 13.9% to over 480,000 – a very significant number for a relatively small country. U.S. expats are catching on, too, and there are many reasons to ride the expat wave to Portugal. Some of the legal/immigration and fiscal/tax advantages of Portugal are considered in other sections, but it would be remiss not to lead with the quality of life considerations. A very pleasant climate, a very welcoming and neighborly culture, low crime, affordable health care, great food and wine, and a relatively low cost of living compared to its Western European neighbors all come together to make Portugal a particularly attractive option for expats of all ages. In fact, International Living rated Portugal fifth on its Global Retirement Index, which is based on a study of a comprehensive list of metrics. European neighbors France and Malta came in at eighth and ninth, respectively, making Portugal the top European country on the list.  

Get to Know and Understand the NHR Program

One of the factors that can make Europe a problematic option for expats would be the relatively high taxes that dot the European landscape. Higher income tax rates, wealth cases, inheritance taxes, gift taxes, stamp duties, solidarity taxes, etc. seem to be a daunting fiscal obstacle for expats. Since 2009, Portugal has endeavored to make itself a more attractive option through the Non-Habitual Residence Program, or NHR. It’s not a very apt name, because you have to be a tax resident before you can apply to the NHR program. Participation in the NHR program lasts only up to 10 years, at which point the expat remaining in Portugal would be taxed at Portuguese income tax rates (which can exceed 50% for higher incomes) on their worldwide income. 

If you do opt in the NHR program, most income that is non-Portuguese source income will not be taxed in Portugal. We say “most” for two very important reasons. First, as of March 31, 2020, Portugal started to tax foreign pension income flowing to NHR participants, but only at a rate of 10%. If you have a U.S. pension or IRA and tax distributions, it is very unlikely that you are not paying a higher federal income tax rate than 10%, and the amount you pay in Portuguese income tax on these distributions will produce a foreign tax credit that you can use to directly reduce your U.S. tax liability from this income. Second, and this is where things get rather gray in terms of how Portugal taxes income, it is not clear that all passive income from investments outside of Portugal will not be subject to Portuguese income tax, and opinions, even from accountants, vary on this subject. It is clear that rental income and capital gains from the sale of investment real estate outside of Portugal is not taxed in Portugal. However, income from securities investments (intangible assets) – capital gains, interest, and dividends – may, in fact, be taxed at the standard Portuguese rate in Portugal. You will read many expat sites that state otherwise, but much of the literature is directed at non-U.S. expats (particularly Brits), and it may well be that the specific wording on taxation of dividends and capital gains on intangible property within the income tax treaty between the U.S. and Portugal augers a different, unfavorable outcome. We would encourage you to find and consult with a tax preparer in Portugal to make the final determination on that issue. Either way, the tax treatment of passive income for NHR expats will rate competitively against the tax rates experienced in other developed countries. 

No Wealth Tax in Portugal 

While other countries in Western Europe have conceived new ways to tax their most affluent tax residents based on the level of their affluence (examples include the Swiss Wealth Tax and the Netherlands “Imputed Income” (Box 2) tax), Portugal does not have these types of taxes. However, similar to the French “Impôt sur la Fortune Immobilière” (IFI), which we discussed in this blog post, Portugal recently (2017) has also developed a national property tax on it’s wealthiest property holders. This tax applies only on properties valued above €600,000 for individuals or €1.2 million for property owned jointly by married couples, with annual property tax rates ranging from 0.4% to 1.0%. Of note, unlike the French wealth tax on real property, Portugal’s national property tax applies only to high-value Portuguese real estate and does not apply to properties owned outside of Portugal. 

No Transfer Taxes in Portugal (Sort Of) 

Another differentiator in favor of Portugal is the absence of wealth transfer taxes, which is to say taxation upon the gifting of wealth during one’s lifetime and/or taxation upon inheriting wealth. Western Europe can be a great region of the globe to live, especially given their evolved healthcare systems, but it can be a terrible place to die (or to generously share your prosperity with others beforehand), namely because of their draconian taxation of inheritance and gifts. Since 2004, Portugal became a major exception to that general rule, when it abolished gift and inheritance tax. However, the affluent owner of assets within Portugal should become keenly aware of the stamp duty, which applies to the transfer of Portuguese assets through gifts or by inheritance. The stamp duty applies to transfers to someone other than the owner/decedent’s spouse or lineal descendant (children, grandchildren, etc.) and is imposed at a hefty rate of 10%. Additionally, for income tax purposes, the recipient does not receive a step-up in basis on the gifted or bequeathed property in Portugal, which means potentially significant capital gains

taxes (28% for residents, 25% for non-residents) if the benefactor turns around and sells the Portuguese property. 

Trusts May Surprisingly Work Reasonably Well If You Relocate to Portugal 

First, as a rule, an expat should always have their estate plan reviewed by a local estate planning expert in their prospective country of residence before moving abroad with an incumbent estate plan, particularly if that estate plan has trusts featured within the plan. It is worth emphasizing that most Civil Law countries (of which Portugal is most certainly a member nation with a Roman law heritage) do not recognize trusts and, therefore, trusts usually create legal and tax chaos when applied in a civil law context. 

However, 2015 legal reforms introducing the concept of “fiduciary structures,” and more recent court decisions in Portugal applying these newer laws to trusts have surprisingly led to income tax outcomes on trust distributions that appear much more benign, surprisingly akin to U.S. taxation of trust distributions. For example, these tax decisions have held that ordinary distributions to Portuguese beneficiaries from trust investments receive capital gains treatment (28% tax rate), and no income tax would be assessed upon terminating a trust and distributing its assets to the beneficiaries. In that latter case, only the stamp duties would likely apply to the beneficiary who is not the spouse or lineal descendant of the settlor of the trust. This compares quite favorably in comparison that such distributions would receive in most European civil law jurisdictions (such as France or Germany). With such tolerance for common law structures, perhaps it is not surprising that so many Brits feel very much at home in retirement in Portugal! 

Whether you are already residing in Portugal or contemplating moving to Portugal as a U.S. expat and are looking for someone to help you with wealth management, please feel free to reach out to Walkner Condon Financial Advisors to discuss your specific situation.

Stan Farmer, J.D., CFP®