Portugal’s Non Habitual Resident Scheme Replaced By Fiscal Incentive for Scientific Research and Innovation Program
The Non Habitual Residence Scheme was closed at the end of 2023 and is now being replaced by the Fiscal Incentive for Scientific Research and Innovation (IFICI) Program. It is still possible to take advantage of the NHR scheme if you meet certain conditions and the new scheme gives opportunities to encourage qualified individuals to move to Portugal.
Who Can Take Advantage of the old NHR scheme?
If NHR status had been granted by the end of 2023 you will be able to take advantage of the NHR scheme for the full ten years.
Even if you arrive in Portugal after the scheme ended at the end of 2023 the NHR program may still be available if you meet the following criteria:
- On December 31st, 2023, you met the conditions to qualify as tax resident in Portugal.
- Become tax resident by the end of 2024, and one of the following eligible tests is met.
- Promise or work contract, promise or agreement of secondment was in place by December 31st, 2023 and the duties are to be performed in Portugal; or,
- A lease agreement or other agreement granting the use or possession of real estate in Portugal was in place by October 10th, 2023; or
- Dependents enrolled in an educational establishment in Portuguese territory, completed by October 10th, 2023;
- Residence visa or residence permit valid by December 31st, 2023;
- Application for a residence visa or residence permit initiated by December 31st, 2023;
- Being a family member of the applicants in any of the situations above.
What is the new scheme replacing NHR?
The Fiscal Incentive for Scientific Research and Innovation (IFICI) Program was introduced for highly qualified professionals who are moving to Portugal. Your reason for relocation can be for both residence and employment purposes to be qualified for the new tax program.
Those who qualify will be subject to a 20% Personal Income Tax rate. It may be dependent or independent work-related income for a period of 10 years and it is not renewable.
What are the eligibility criteria for the IFICI scheme?
The IFICI focuses on attracting professionals in Higher Education & Research, Technology & Innovation Centres, Highly Qualified Professions, Jobs in Strategic Sectors (within organizations approved by IAPMEI or AICEP – specific industries have not yet been identified), R&D Personnel, (eligible for the R&D tax incentive program (SIFIDE) in Portugal), Startups (Directors or employees of startups in Portugal who have been accredited and show a lot of development potential or have raised venture financing).
People who live in Azores & Madeira will be subject to local laws.
Professions Regarded as High Added Value
Some professions are considered as a high added value to Portugal. These professions mainly have economic and cultural worth. So, individuals who practice one of the professions listed below are given generous tax exemptions:
General Managers | Executive Managers | Administrative Managers |
Commercial Managers | Production Managers | Specialized Services Managers |
Hospitality, Restaurant, Retail, and Other Services Managers | Specialist Physicists, Mathematicians, Engineers, and related Technologists | Medicine Doctors |
Dentists and Stomatologists | Teachers in University and Higher Education | ICT Technologists |
Authors, Journalists, and Linguists | Creative and Performance Artists | Intermediate level Science and Engineering Technicians and Professionals |
ICT Technicians | Market-oriented Farmers and qualified Agriculture and Animal Husbandry workers | Market-oriented Forestry, Fisheries, and Hunting qualified workers |
Industry, Construction, and Handicraft qualified workers | Plant and Machine Operators and Assembly Workers |
The professionals listed on the list above should hold at least a level 4 qualification under the European Qualifications Framework, or level 35 of the International Standard Classification of Education, or five years of duly proven professional experience.
What are the Tax Benefits of the New IFICI Program?
The main benefit of this new program is the 20% income tax rate on employment You will also benefit from exemption from income tax on various foreign sources of income.
Foreign income sources are as follows:
- Employment
- Independent work
- Capital investment income (interest or dividends)
- Royalties
- Capital gains
- Real estate income or gains
Unlike the old NHR scheme, foreign pensions are not covered by this exemption and will be subject to taxation in Portugal at the normal progressive rates (14.5% to 53%).
What are the differences between the old NHR scheme and IFICI?
These are the differences in requirements:
Conditions | IFICI | NHR |
Residency Requirement | Not tax resident in Portugal for the previous 5 years | Not tax resident in Portugal for the previous 5 years |
Minimum Stay Requirement | There is no minimum stay requirement | There is no minimum stay requirement |
Validity Period | 10 years (non-renewable) | 10 years |
These are the differences in the tax treatment under the two schemes:
Types of Income | IFICI Tax Treatment | NHR Tax Treatment |
Employment income (High-Value Added Activities) | Flat rate of 20% on eligible activities | Flat rate of 20% on eligible activities + eligible entities |
Pension income | 10% fixed rate | 10% |
Rental income & Royalties | There is an exemption (if it is taxable abroad under DTA or OECD Tax Model) | Exempt |
Dividends & Interest | There is an exemption (depending on if it is taxable abroad under DTA or OECD Tax Model) | Exempt |
Capital gains | There is an exemption (depending on if it is taxable abroad under DTA or OECD Tax Model). Gains from the sale of moveable assets are not generally exempt. | Exempt |