Buying Property in Portugal
Buying property in Portugal is generally straightforward. However, the legal framework, transaction mechanics, and tax treatment differ in important ways from those in many other jurisdictions.
Understanding these differences early helps buyers approach the process with clarity and confidence, and avoid surprises once a transaction is underway.
This guide is intended for buyers who are planning to purchase in the near term and want a clear understanding of the legal and practical steps involved in completing a transaction. This page explains how a typical purchase works and outlines the principal taxes and costs involved. It is intended to provide context for serious buyers preparing to proceed, rather than a procedural checklist or a substitute for professional advice.
How the Purchase Works
Legal Due Diligence
Before any binding commitment is made, the buyer’s lawyer will carry out legal due diligence on the property. This work is undertaken before signing the promissory contract (CPCV) and is fundamental to protecting the buyer’s position.
Due diligence typically includes confirming that the seller has good legal title, that there are no registered debts, liens, or charges affecting the property, and that the property is correctly registered and licensed. Planning and construction records are also reviewed to ensure that what exists on the ground corresponds with what is legally authorised.
This stage is critical. Once a promissory contract is signed, the buyer is legally committed, so any material issues should be identified and resolved in advance.
Promissory Contract (CPCV)
Once legal due diligence is complete and commercial terms are agreed, the parties usually enter into a Contrato de Promessa de Compra e Venda (CPCV), or promissory contract.
The CPCV sets out the agreed purchase price, key conditions, and the intended timetable to completion. It is normally accompanied by a deposit, often in the region of 10–20% of the purchase price, although this can vary by agreement.
The CPCV is a legally binding contract. If the buyer withdraws without legal justification, the deposit is typically forfeited. If the seller withdraws, they are usually required to repay double the deposit. For this reason, the CPCV should only be signed once the buyer’s lawyer has confirmed that all relevant legal checks have been satisfactorily completed.
Final Deed (Escritura Pública)
Completion of the purchase takes place at the Escritura Pública, or final deed. This is usually signed before a notary or other authorised official.
At this stage, the balance of the purchase price is paid, ownership formally transfers to the buyer, and the transaction is recorded. Following completion, the buyer’s lawyer ensures that the transfer is correctly registered with both the Land Registry and the Tax Authority.
Once the deed is signed and registration completed, the buyer is the legal owner of the property.
Who Does What?
A Portuguese property transaction involves several professionals, each with a defined role:
Buyer’s lawyer — carries out legal due diligence, reviews contracts, and protects the buyer’s legal interests
Notary / registrar — formally validates and records the transfer of ownership
Sales agent — represents the seller
Buyer’s agent (if appointed) — represents the buyer, providing independent advice, coordination, and commercial input throughout the process
Clear separation of these roles helps minimise conflicts of interest and ensures that the buyer’s position is properly protected.
Taxes & Costs You Should Plan For
Tax Residency for Property Purchases
For property purchase taxes in Portugal, the key distinction is tax residency, not nationality.
You are generally considered tax resident in Portugal if you spend more than 183 days in the country in a 12-month period, or if you have a habitual residence that indicates an intention to live in Portugal on a permanent basis. Many expatriates become tax resident in their first year.
Tax residency status can have a material impact on how property transfer tax is calculated.
IMT – Property Transfer Tax
IMT (Imposto Municipal sobre as Transmissões Onerosas de Imóveis) is the principal tax payable when purchasing property in Portugal.
The amount of IMT payable depends on three key factors:
The purchase price
Whether the property is a main residence
Whether the buyer is Portuguese tax resident
IMT for Tax-Resident Buyers (Main Residence)
For buyers who are tax resident in Portugal and purchasing a main residence, IMT is calculated on a progressive scale. This means that different marginal rates apply to different portions of the purchase price, rather than a single rate applying to the full value.
At the time of writing, the highest marginal IMT rate for a main residence is 8%, which applies only to the portion of the purchase price above approximately €316,772. Lower rates apply to earlier bands, including a zero-rate allowance at the bottom of the scale.
Worked example — €1.5 million main residence (tax-resident buyer):
No IMT is payable on the initial tax-free portion
Mid-range portions are taxed at progressively higher rates
Only the portion above the top threshold is taxed at 8%
The resulting IMT payable is approximately €106,800, equating to an effective IMT rate of around 7.1%, not 8% on the full purchase price.
This illustrates why progressive taxation is particularly significant at higher purchase values.
IMT for Second Homes or Investment Properties
Where the property is not a main residence, the zero-rate exemption does not apply and IMT is generally higher overall. Progressive rates still apply, but from a lower starting point, resulting in a higher effective tax burden compared with a main residence purchase.
IMT for Non-Tax-Resident Buyers
There has been recent legislative discussion regarding IMT treatment for buyers who are not Portuguese tax resident.
Current proposals indicate that non-tax-resident buyers may be subject to a flat IMT rate of 7.5% applied to the full purchase price, rather than a progressive scale. Under such a regime, a €1.5 million purchase would result in IMT of approximately €112,500.
The key distinction is tax residency, not nationality. Expatriates who live in Portugal and are tax resident are treated in the same way as Portuguese buyers for IMT purposes, while buyers who are not tax resident may fall under a different regime.
Important context
IMT rules and rates are subject to legislative change, and the precise amount payable depends on individual circumstances and timing. Buyers should always obtain confirmation from their legal or tax adviser before committing to a purchase.
Stamp Duty
Stamp duty (Imposto do Selo) is payable at a fixed rate of 0.8%. It is calculated on the purchase price or the official tax value of the property, whichever is higher, and is paid at completion alongside IMT.
Notary & Registration Costs
Buyers should also budget for notary, registration, and associated administrative fees. These are typically modest relative to purchase taxes — often in the region of €1,000–€2,000 — but should be factored into overall acquisition costs.
Annual Property Taxes (IMI & AIMI)
After completion, property owners are subject to IMI, an annual municipal property tax. IMI is calculated as a percentage of the property’s municipal tax value (Valor Patrimonial Tributário, or VPT), rather than the purchase price. Rates generally range from around 0.3% to 0.45% per year, depending on the municipality.
Some higher-value property holdings may also be subject to AIMI, an additional annual tax. AIMI applies only where the combined municipal tax value of Portuguese property exceeds defined thresholds and is calculated solely on the value above those thresholds. Because VPT values are often significantly lower than market values, many residential buyers are not affected in practice.
Practical Considerations
Portuguese Tax Number (NIF)
All buyers must obtain a Portuguese tax number (NIF) before purchasing property. The NIF is required to sign contracts, open a Portuguese bank account, and pay property-related taxes.
Banking & Currency Planning
Most transactions involve a Portuguese bank account for payment of taxes and completion funds. Buyers transferring funds from abroad should give careful consideration to currency movements, as exchange-rate fluctuations can have a meaningful impact on total acquisition costs.
Important Note
Tax and legal matters are complex and subject to change. The information above is provided for general guidance only and does not constitute legal or tax advice. Buyers should always seek advice tailored to their individual circumstances from suitably qualified professionals.
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If you are actively looking to purchase in Lisbon or Cascais — or have encountered difficulties doing so — in the first instance please contact us using the form below. We will reply promptly, and schedule a call or meeting if required..