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Heirs with tax residence outside the country are taxed on the Stamp Tax by the regulations in force in Portugal before an inheritance in cash, if it is deposited in a bank that has its headquarters, effective address or permanent establishment.
Contrary to what can happen with other taxes and other types of income, in the case of cash inheritances, the tax residence of the heirs is not relevant when paying the tax owed, in this case the Stamp Tax. (IS).
As Lusa Joana Maldonado Reis and Francisco Granjo da Abreu Advogados pointed out, the Stamp is a territorial tax, “which means that whenever the money is deposited in Portugal, there is taxation, regardless of the tax residence of the beneficiaries of that stamp.” transmission”.
The current regulations, therefore, ensure that there is no “difference in taxation in the situation in which the beneficiaries of this inheritance have tax residence in different countries”, but rather “provided that said assets are located in national territory and, consequently, subject to taxation. stamp duty “, although exemptions may apply.
“It is considered that the monetary values are located in the national territory, when they are deposited in institutions with headquarters, effective administration or permanent establishment in the national territory,” affirm the jurists, emphasizing that, “as they are not deposited monetary values, they are considered to be located and merchandise in Portugal when the author of the transfer has his domicile, headquarters, effective address or permanent establishment in Portuguese territory “.
As a general rule, the free transmission of money or inheritance assets is subject to the Stamp Tax at a rate of 10%. However, there is an exemption from IS when it comes to transfers between spouses, domestic partners, parents and children.
However, refer to Abreu’s tax law experts, even in situations where the exemption exists, “the head of the couple and the beneficiary of any free transfer subject to Stamp Tax” are required to participate in the financial service competent. “The death of the successor, the declaration of presumed death, or the justification of the death, the judicial justification or any other act or contract that involves the transfer of assets.”
This participation must be made before the end of the third month following the “birth of the tax obligation”.
In the same way that the tax residence of the heirs is indifferent in the taxation of the inheritance of a deposit account, for example, this is also verified in the income from income.
In this case, the income obtained as rents, by non-resident taxpayers, may be taxed, according to the IRS, in category F or category B, as is the case of residents.
As a general rule, according to Joana Maldonado Reis and Francisco Granjo, non-resident IRS taxpayers who obtain property income are classified in category F and are taxed with an autonomous tax rate of 28%.
“This taxation occurs because in the case of earned income, such as income, the income related to the properties located there are considered to be obtained in Portuguese territory,” they affirm.
In the case of IRS taxpayers who accrue real estate income and who reside in another State of the European Union or the European Economic Area – provided that, in the latter case, in a State with exchange of tax information -, “they can choose to apply for progressive marginal rates ranging from 14.5% to 48%, instead of a 28% tax. ”
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