In 2023, António Costa (PS) decided to put an end to the Tax Regime for Non-Habitual Residents (IFICI+), arguing that this advantage no longer had any reason to exist. However, following the dismissal of the left-wing government at the end of 2023 and the holding of new elections in early 2024, which gave victory to the right-wing AD party, the RNH scheme made a comeback.
IFICI+ or RNH: A welcome return to Portugal in 2024
The Minister of Finance has announced that the tax regime for non-habitual residents will be reintroduced by ordinance, eliminating the need to go through parliament. The new regime, called IFICI+, is one of 60 measures introduced by the government to boost the economy, and is based on the previous regime for non-habitual residents.
At a press conference after the Council of Ministers, Joaquim Miranda Sarmento clarified that "the previous government, in the state budget for 2024, had created a norm in the status of tax benefits". The current government will now regulate this measure through an ordinance.
Conditions and benefits of the new RNH
The IFICI+ regime covers exclusively category A and B income, which will be taxed at a rate of 20% for non-residents moving to Portugal, provided they have not been resident in Portugal for the last five years and are not currently benefiting from the former regime created in 2009. The Finance Minister also pointed out in an interview with Financial Times that the new regime will exclude dividends, capital gains and pensions, responding to concerns raised by countries such as Finland and Sweden.
An advantage for emigrants and expatriates
In its original form, the RNH regime allowed qualifying emigrants (or any other person) to benefit from a tax exemption on their passive income (such as pensions, capital income and capital gains) for a consecutive period of 10 years, provided that this income was obtained abroad.
Tax exemption on passive income
This regime exempted the above-mentioned income from taxation in Portugal, provided that it was taxed in the country of origin in accordance with an international agreement for the elimination of double taxation in force, and that it was not considered to have been obtained in Portugal in accordance with national legislation. Pensions were taxed at a flat rate of 10%.
In the absence of an international agreement aimed at eliminating double taxation, the income had to be effectively taxed in the other country, territory or region, provided that it was not considered as having been obtained in Portugal.
Restrictions and exclusions
It is important to note that the exemption provided by the law did not cover passive income earned in territories considered tax havens by the Portuguese Ministry of Finance, such as Andorra, the Bahamas, the British Virgin Islands (BVI) and Liechtenstein.
Advantages for high-value-added professions
The RNH scheme also benefited emigrants wishing to continue their professional activity on their return to Portugal. It guaranteed an IRS rate of 20% on high value-added activities of a scientific, artistic or technical nature, irrespective of the amount of salary paid. These activities included administrators, managers, consultants, auditors, artists, designers and doctors, mainly positions requiring a high degree of training and specialization.
The return of the Tax Regime for Non-Habitual Residents in 2024 is excellent news for emigrants and expatriates planning to return to or settle in Portugal. It offers a considerable tax opportunity, rewarding long years of work abroad with substantial tax benefits. Nevertheless, proper tax planning and specialist advice are essential to maximize the benefits of this regime and avoid potential pitfalls.
