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Algarve Property: Income Tax and Rental Income

Algarve Property | Investment Properties Portugal

Investment properties in the Algarve – if you have an Algarve property, or are thinking of buying one, this guide offers some sound tax advice for those considering renting their home in the sun…

If you rent out a house or an apartment in the Algarve, Portugal, you’ll first need to account with the Finanças, the Portuguese tax authority, before declaring any income in your home jurisdiction as part of your worldwide income. Fortunately, you are protected from double taxation so any tax and expenditures related to the rental activity will serve as tax credits or deductions. In simple terms, they will eventually be nullified by the revenue authorities, so they are a ‘nil expense’ to you. Therefore, your compliance obligations are not onerous but, rather, a means of protecting a valuable investment and a handsome stream of income.

Step 1 - Your fiscal representative

Like all non-residents owning assets in Portugal, you are required to have a fiscal representative in Portugal. It is his responsibility to ensure that you meet your tax obligations; otherwise, he may even be held accountable for your unpaid taxes! When you first apply for a tax number - Cartão de Contribuinte - you must declare who your fiscal representative is. Needless to say, this is an important choice: if you don’t select someone suitably qualified to
meet your fiscal requirements, you could both find yourselves in serious difficulties.
If a casual choice has already been made, you should swiftly rectify this situation, as ignorance on your part is classified by the revenue authorities as ‘negligence’.

Step 2 - Your Portuguese income tax declaration – IRS

Normally, your fiscal representative prepares your tax declaration. The eventual non-resident tax rate will be a flat 15% on the net income. This assessment should be declared with the rental income in your home jurisdiction where it should be eligible for a tax credit. Related
expenses, such as fiscal representation, should also serve as tax deductions.

Frequently asked questions

I rent out a property on a long-term basis. Is a contract required with the tenant?

It is customary to have a formal rental agreement. There should be three copies: one for the landlord, one for the tenant, and one registered with the Finanças. In this way, the tenant can
receive a tax credit for rent paid, just the same as if he/she were paying a mortgage.

I rented to holidaymakers and the income never came into Portugal. Do I still have to declare this income?

Yes. Even if those renting were foreigners and you were paid outside of Portugal, it is always the nature of the income (in this case the letting of Portuguese property), not where or how payment was made, that determines tax liability.

What expenses can I deduct from my rental income?
There are four broad categories of expenses that may be deducted, thereby reducing the taxable income from rents:

1 Services included in the rent
2 Maintenance
3 Repairs
4 Imposto Municipal sobre Imóveis or IMI - council rates.

Also, in apartment buildings, collectively shared expenses:

  • doorman and common area
  • cleaning costs
  • building security
  • energy and maintenance of elevators
  • condominium expenses

What expenses are not allowed?

The following expenses are examples of expenditures that are not tax deductible:

  • construction which alters the structure of the building.
  • building acquisition
  • installation of air conditioning
  • other capital improvements, such as the installation of an automatic irrigation system, etc.

While not deductible on an annual basis, capital improvement expenses may enter into the calculation of the taxable base of the building for capital gains purposes when the property is
eventually sold.

Some of the tradesmen who have done work for me did not give me a receipt. How do I document these expenses?

To be deductible, all expenses must be documented by proper facturas - formal receipts. Value Added Tax (IVA) paid must also be included. So if you can’t get a receipt - get a discount!

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Further information

Dennis Swing Greene is Senior Director and International Tax Consultant for euroFINESCO, s.a. Private consultations can be scheduled in Guia (Albufeira) and in Lisbon (Chiado) or via the Internet.

Algarve Tel: +351 289 561 333
Lisbon Tel: +351 213 424 210
Email: info@eurofinesco.com

This article first appeared in ClearView magazine issue #11 (Winter 2006/07). The information it contains was accurate at the time of going to press. For further information, visit www.eurofinesco.com