NHR in Portugal offers tax benefits for qualifying individuals, including exemption from taxes on foreign employment income for 10 years.
Under the Non-Habitual Resident (NHR) regime in Portugal, employment income can benefit from favorable tax treatment, depending on whether the income is sourced from within Portugal or abroad. Here’s how employment income is treated:
1. Portuguese-Sourced Employment Income
- Flat Tax Rate: If your employment income is sourced from within Portugal and is derived from a high-value-added activity, you may be eligible for a flat tax rate of 20%. High-value-added activities are those considered to be of scientific, artistic, or technical nature, as defined by the Portuguese government.
- Eligibility Criteria: To qualify for the 20% tax rate, your profession must be listed among the eligible high-value-added activities. Examples include roles in IT, engineering, medical professions, and certain managerial positions. If your role qualifies, you’ll pay a lower rate than the standard progressive tax rates, which can go up to 48%.
2. Foreign-Sourced Employment Income
- Exemption from Portuguese Taxation: For foreign-sourced employment income, the NHR regime may allow an exemption from Portuguese taxes if certain conditions are met. These conditions generally include:
- The income is taxed in the source country under the terms of a double taxation agreement (DTA) between Portugal and that country, or
- The income could be taxed in the source country according to the OECD model tax convention and is not considered to be derived from a tax haven.
- Non-Taxable in Portugal: If the above conditions are met, the foreign-sourced employment income is not taxed in Portugal, meaning you could potentially avoid double taxation.
3. Reporting Obligations
- Annual Tax Return: Even if your foreign-sourced income is exempt under the NHR regime, you are still required to report it in your annual tax return to the Portuguese tax authorities. Accurate reporting is essential to maintain NHR status and ensure compliance with Portuguese tax laws.
4. Social Security Contributions
- Obligatory Contributions: If you are employed in Portugal, you are generally required to contribute to the Portuguese social security system, regardless of your NHR status. These contributions are calculated separately from income taxes and are mandatory unless exempted by an international social security agreement.
Summary
Employment income under the NHR regime in Portugal benefits from favorable tax treatment. Portuguese-sourced income from high-value-added activities is taxed at a flat rate of 20%, while qualifying foreign-sourced income may be exempt from Portuguese taxation. However, you must meet specific criteria and reporting obligations to enjoy these benefits.