In order to be considered tax resident in Portugal one must either stay in the country for 183 days or more/year or hold permanent habitation premises on December 31 of a said year. After being recognised as a Non-Habitual Resident one is entitled to be taxed in this capacity for a period of 10 (ten) consecutive years.
Basically, under the Non Habitual Residency program, an individual can be taxed on Portuguese sourced income obtained from High Value Added activities (as per list officially published) at a flat tax rate of 20%. Foreign source income may generally be exempt of taxation in Portugal if it may be taxed abroad, when related to pension income and many other sources of foreign income including passive income such as interest, dividends, other investment income, rental income and capital gains, as well as self-employment income from high value added activities and royalties.
In effect, the NHR regime is closely linked with the double tax treaties signed by Portugal. In effect, most of the 79 double tax treaties signed by Portugal grant the possibility to tax most categories of income to the country of source. However, aiming to attract foreign investment, many countries will have rules in place to not tax non-residents. Since most such categories will not be taxed in Portugal in the hands of a NHR because they may be taxed abroad, this means that in practice most foreign-source income referred above will be zero taxed.
The Non-Habitual Residency application can be fairly straightforward, but a preliminary analysis should first be made to see the precise implications of the non-habitual tax residency on the types of income an applicant will receive. Once the status has been obtained, assistance will need to be provided to the client when submitting his/her annual tax return.