Source: Adobe Stock Author: Redaction Divorce brings with it a number of changes in the lives of ex-spouses, with the issue of tax address and the impact on the sale of the family property being one of the most sensitive and relevant issues. In Portugal, the law provides tax benefits for those who sell their own permanent home, namely exemption from capital gains tax, provided that the sale proceeds are reinvested in the purchase of a new home for habitual residence. However, after a divorce, a change of address can result in the loss of this benefit, even if the ex-spouse continues to bear financial costs related to the property. 1) What does the law say about the capital gains exemption? 2) The impact of divorce on address and exemption 3) Practical example 4) Conditions for maintaining the capital gains exemption 5) What to consider in the event of divorce What does the law say about the capital gains exemption? The capital gains exemption on the sale of a house is reserved for very specific situations. To benefit from this regime, the property sold must have been the taxpayers own permanent home for at least 12 months prior to the sale. This condition is proven by the coincidence between the tax address registered with the tax office and the location of the property. In other words, its not enough to be the owner or to continue paying off the bank loan; its essential that the tax address corresponds to the house you want to sell. The impact of divorce on the address and exemption When a divorce takes place, it is common for one of the couple to remain in the house with the children, while the other looks for a new residence and changes their tax address. Although in many cases both spouses continue to share expenses related to the property, such as mortgage loans, insurance and taxes, the change of tax address has direct implications for access to the capital gains exemption. If the ex-spouse who moved out changes their tax address to another address, they lose their right to the capital gains exemption when they decide to sell their share of the property. This happens even if they continue to contribute to paying off the loan or other expenses associated with the house. The Tax Authority considers that, for tax purposes, it is no longer the taxpayers own permanent home, so the gains made on the sale are subject to IRS. Practical example Imagine a couple who bought a house together and, after their divorce, one of them moves to another property and changes their tax address. Years later, they decide to sell their share of the old house to buy a new home. Although he has continued to pay half of the loan, he will not be able to benefit from the capital gains exemption because his tax address no longer coincides with the property sold in the 12 months prior to the transaction. Conditions for maintaining the capital gains exemption To guarantee the right to the capital gains exemption after divorce, it is essential to: Maintain the tax address registered on the house to be sold until the date of the transaction; Prove that the property was your own permanent home in the 12 months prior to the sale; Reinvest the sale price (less the loan) in the purchase of a new permanent home, within the legal time limit. If any of these requirements are not met, the Tax Authority will tax the capital gains made, regardless of the family background or the financial contributions made over the years. What to consider in the event of a divorce When it comes to divorce and the division of assets, it is essential to consider the tax impact of the change of address. The decision to change your tax address should be weighed up, especially if you intend to sell the property in the future and benefit from the capital gains exemption. It is recommended to carefully analyse the options and, if possible, plan the sale and reinvestment process in such a way as to comply with all legal requirements. The link between divorce, tax address and exemption from capital gains is a very important issue for those going through a separation. A hasty change of address can result in a significant loss of tax benefits. Therefore, those in this situation should be aware of the rules and plan every step, ensuring that they dont lose acquired rights due to ignorance or lack of information. Planning and information are the best tools to avoid unpleasant surprises when selling your property after a divorce.
Source: Adobe Stock Author: Redaction The Portuguese housing market remains dynamic, with approximately 40,750 transactions recorded in the first quarter of 2025. Although this figure is slightly lower than the previous quarter, it keeps the market above the 40,000 mark, consolidating the sectors recovery following the impacts of the pandemic. Real Estate Market Dynamics in 2025 Between January and March 2025, around 40,750 homes were sold in mainland Portugal. This represents a 5.4% drop compared to the final quarter of 2024, when transactions peaked at 43,100. Despite this decline, the market remains robust, driven by consistent demand that continues to push prices to record highs. This pattern of over 40,000 homes sold per quarter is not new. Between mid-2021 and mid-2022, the market maintained similar volumes, fuelled by post-pandemic demand recovery. A similar surge occurred in late 2024, with a spike in sales driven by postponed transactions, particularly following the introduction of new housing support measures for young buyers. Additionally, rising interest rates and the economic uncertainty that marked the end of 2024 prompted many buyers to speed up their transactions to avoid additional costs. This rush helped maintain high transaction levels, even amid changing economic and credit conditions. House Prices Continue to Climb While the number of transactions has dipped slightly, house prices in Portugal have continued to rise significantly. In the first quarter of 2025, the average sale price reached €2,701 per square metre, reflecting a 6.6% increase from the previous quarter and a 15.8% year-on-year rise. This price growth is not limited to high-demand urban centres like Lisbon and Porto but extends to medium-sized cities and some peripheral areas, where limited supply and strong demand have driven up market values. This continuous appreciation reflects not only the recovery in demand but also the perceived security of property investment in an environment of rising inflation and economic uncertainty. Factors Influencing the Real Estate Market The upward trend in house prices in Portugal is closely linked to factors such as the limited supply of new builds, rising construction costs, and a shortage of available land for urban development. Additionally, international demand continues to play a significant role, with many foreign investors drawn to Portugals favourable climate, safety, and high quality of life. Another factor contributing to the price surge is the strong rental market, driven by the challenges many young buyers face in accessing credit. This has made buy-to-let investments a popular choice for both domestic and foreign investors. Outlook for the Housing Market in 2025 With the market remaining active and prices continuing to rise, house sales in Portugal are expected to remain attractive to investors, particularly amid economic adjustments and increasing demand for homeownership. For property owners, this is a period of asset appreciation, while for buyers, the decision to purchase now or wait for a possible price stabilisation remains a strategic challenge. Careful market monitoring and trend analysis will be crucial for making informed decisions, both for sellers and buyers, in a year that promises to be pivotal for the Portuguese real estate sector. This dynamic will likely be shaped not only by interest rate trends but also by factors such as economic growth, housing policies, and the impact of global events that may influence consumer and investor confidence.
Source: Adobe Stock Author: Redaction 1) What Are Real Estate Capital Gains? 2) How to Calculate Capital Gains When Selling a House 3) Taxation of Capital Gains 4) Exemptions and Tax Benefits 5) Practical Examples of Capital Gains Calculation 6) How to Declare Capital Gains on Your Tax Return What Are Real Estate Capital Gains? Capital gains refer to the profit made from selling a property, which is the difference between the selling price and the purchase price, adjusted for expenses and improvements. This profit is subject to income tax (IRS), but it is not always fully taxable. How to Calculate Capital Gains When Selling a House Calculating capital gains is relatively straightforward, but it involves several steps to ensure only the actual profit is taxed. The basic formula is: Capital Gains = Selling Price - (Purchase Price + Expenses + Improvements) Selling Price: The amount received from the sale of the property Purchase Price: The original price paid for the property, adjusted for inflation using the official currency depreciation coefficients. Expenses: Includes taxes, notary fees, registration costs, and estate agent commissions. Improvements: Investments made in the property, provided they are properly documented. Taxation of Capital Gains Generally, only 50% of the capital gains are taxable under the IRS, with the amount included in the sellers annual taxable income. This means the tax payable depends on the marginal IRS rate, which can range from 14.5% to 48%. Exemptions and Tax Benefits Not all capital gains are subject to tax. Several situations allow for exemption or reduced tax rates: Reinvestment in Primary Residence If you use the proceeds from the sale to buy another primary residence, you may be exempt, as long as the reinvestment occurs within 36 months of the sale. Exemption for Properties Purchased Before 1989 Properties purchased before the IRS Code came into effect (1 January 1989) are exempt from capital gains tax. Mortgage Repayment Exemption Between 1 January 2022 and 31 December 2024, gains from a second property could be exempt if the sale proceeds are used to pay off a mortgage. Practical Examples of Capital Gains Calculation Example 1 - House Sold in 2025 for €300,000, Bought in 2000 for €150,000 with €20,000 in Renovations: Capital Gains = €300,000 - (€150,000 + €20,000) = €130,000 Taxable (50%) = €65,000 Example 2 - House Purchased Before 1989 and Sold in 2025 for €500,000: Capital Gains = €500,000 - (purchase price + expenses) = Exempt How to Declare Capital Gains on Your Tax Return To declare capital gains, you must complete Annex G of the IRS tax return. For properties purchased before 1989, you should complete Annex G1. Understanding how capital gains work is essential for anyone planning to sell property in Portugal. Plan your sale carefully, take advantage of potential exemptions, and minimise your tax impact to maximise the return on your real estate investment.
Source: Adobe Stock Author: Redaction Receiving property as a gift, especially between direct family members such as parents and children, is a common practice in Portugal. This form of asset transfer is often used to anticipate inheritances or ensure the continued family use of a home. However, when the beneficiary decides to sell the property while the donor is still alive, several important tax issues arise that need to be understood before proceeding with the sale. The Gift and Its Costs Donating property is considered a free transfer, and therefore, it is subject to tax. When it comes to gifts between direct family members, such as between parents and children, the stamp duty is reduced. In these cases, only a 0.8% rate applies to the property’s taxable value, typically found in the property registry. This tax must be paid by the recipient (the person receiving the property), and the process requires submitting the corresponding tax declaration. It is important to highlight that, even if it is a gift between family members, the transfer must always be formalized by public deed or authenticated private document, and registered in the land registry. Moreover, the donated property becomes part of the new owner’s assets, with future tax consequences, particularly if they decide to sell the property. Selling Property Received by Donation When selling property received as a gift, the new owner will have to deal with capital gains tax if there is a profit from the sale. Capital gains correspond to the positive difference between the sale price and the fiscally recognized acquisition value. In the case of properties received as gifts, the acquisition value is not the amount paid (because no payment was made), but rather the property’s taxable value at the time of the gift or, in certain cases, up to two years before the gift. This value can be adjusted using a coefficient for monetary depreciation, which allows updating the acquisition value based on inflation. Additionally, the acquisition value can be increased by the costs of improvements made in the last 12 years and the expenses directly related to the acquisition and sale of the property, such as deed, registration, or real estate mediation fees, as long as they are properly documented. The difference between the sale price and the adjusted acquisition value will be the capital gain, and only 50% of that value will be subject to tax under the IRS if the seller is a resident in Portugal and the property is not part of a business activity. The realisation value will be the price actually received for the property, unless the reference value for municipal property transfer tax (IMT) is higher, in which case that higher value will be considered. Possibility of Exemption Through Reinvestment If the property sold is the seller’s primary residence and the proceeds are reinvested in the purchase, construction, or improvement of another primary residence, there may be a total or partial exemption from capital gains tax. This reinvestment must occur within a specified period, generally within 36 months after or 24 months before the sale. The exemption depends, however, on strict compliance with the rules and the correct declaration of the intention to reinvest in the IRS. In the specific case where the donated property has been inhabited by the recipient for many years, for example, a child who already lives with their family in the donated apartment, they may try to qualify for this exemption regime. However, it is essential to check whether the property was registered as the primary and permanent residence and whether the reinvestment complies with the legal requirements. Registration, Declaration, and Payment of Tax To meet tax obligations, the sale of the property received as a gift must be declared in Annex G of the annual IRS return. The taxpayer is responsible for correctly filling in the relevant fields with the amounts involved, indicating the acquisition value (property value at the time of the gift), associated expenses, and the sale price. The Tax Authority will then automatically calculate the taxable capital gain and determine the amount to be paid, if any tax is due. If tax is payable, it must be settled within the normal IRS payment deadlines. If the taxpayer is unable to pay immediately, they may request to pay in instalments, provided they make the request to the tax administration. Selling property received as a gift during the donor’s lifetime is possible, but it requires careful attention to the tax framework. The taxation on capital gains can represent a significant burden, especially if the property has appreciated considerably since the donation. Therefore, before proceeding with the sale, it is advisable to perform a simulation, gather all documents supporting relevant expenses, and, if necessary, consult a certified accountant or tax lawyer. With proper preparation, it is possible to sell a donated property legally, transparently, and with minimal tax impact, taking advantage of all the benefits allowed by law.
Source: Adobe Stock Author: Redaction Selling a property to children is a common decision in many Portuguese families but can raise legal concerns and cause conflicts between siblings. While it is possible, there are specific rules in the law to ensure that all descendants are treated fairly and that there are no concealed favours. In this guide, we explain step-by-step how to sell a property to children or grandchildren safely, legally, and without causing family problems. 1) Assessing the Decision to Sell Property to Children 2) What Does Portuguese Law Say? 3) Why Consent from Other Children Is Necessary 4) When and How the Sale Can Be Annulled 5) Risks of Simulated Sales and Legal Consequences 6) Legal Procedures to Follow 7) Communication Care in the Family 8) Benefits of Selling Property to Children Transparently 1) Assessing the Decision to Sell Property to Children Selling property to children can be a beneficial solution to help a descendant or anticipate part of the inheritance. However, this decision must be carefully considered, as it involves legal and emotional aspects that may affect the family in the long term. It is essential to ensure that the process is fair, transparent, and legally valid. 2) What Does Portuguese Law Say? Portuguese law imposes specific rules for the sale of properties between ascendants and descendants. According to Article 877 of the Civil Code, parents and grandparents can only sell property to children or grandchildren if they obtain the consent of the other children or grandchildren. If this consent is not granted, it is necessary to go to court, which may authorize the sale. 3) Why Consent from Other Children Is Necessary The requirement for consent primarily aims to prevent situations of favouritism and protect the inheritance rights of the other descendants. The law assumes that, in these situations, a disguised donation may be occurring, which could harm the legitimate shares that all heirs are entitled to by law. 4) When and How the Sale Can Be Annulled If the sale is made without the necessary consent, any disadvantaged descendant can request the annulment of the contract. The deadline for such action is one year from the date they became aware of the sale or when they are no longer incapacitated (if applicable). This possibility is provided for in Article 877, paragraph 2, of the Civil Code. 5) Risks of Simulated Sales and Legal Consequences The law also aims to combat simulated sales, which are often attempts to avoid legitimate shares or taxes on donations. In these cases, the authorities may consider the sale invalid and apply penalties. To avoid this, it is crucial that the transaction is real, at market value, and properly registered. 6) Legal Procedures to Follow To sell property to children safely, follow these steps: Obtain written consent from the other children or grandchildren; Formalise the sale by public deed; Register the property in the buyers name; Declare the actual value of the transaction; Consider the assistance of a lawyer or notary. If consent is not possible, you must submit a judicial request for consent. 7) Communication Care in the Family Even when everything is done according to the law, how the decision is communicated can prevent or cause conflicts. It is advisable to share the intentions with the children openly and clearly, explaining the reasons for the sale and ensuring that no one feels unfairly treated. Dialogue is key to maintaining family balance. 8) Benefits of Selling Property to Children Transparently When properly managed, the process of selling a property to children can be: A way to provide financial help; A planned anticipation of the inheritance; A means to avoid future bureaucracy; A gesture of trust that strengthens family bonds. However, everything depends on the transparency, legality, and fairness with which the transaction is carried out. Selling property to children is legal, but it requires consent, proper documentation, and care with family emotions. Ignoring legal procedures can lead to disputes, annulment of contracts, and even divisions between siblings. To ensure a safe and conflict-free transaction, it is essential to respect the rights of everyone involved and seek legal advice if necessary.
Source: Adobe Stock Author: Redaction What is commission when selling property? Commission is the fee paid to estate agents when a property sale is successfully completed. In Portugal, this fee is not regulated by law, but the most common practice among traditional agencies is to charge around 5% of the sale price, plus 23% VAT. For example, on a sale of €200,000, the seller might pay around €12,300 in commission (€10,000 + €2,300 VAT). This amount is paid at the signing of the deed, when the sale is formally concluded. What’s included in the commission? The commission covers a range of services provided by the agency, including: Client acquisition Professional photography and promotional materials Advertising on leading property portals Market analysis and price strategy Document management and legal support Viewings and negotiation with potential buyers Agencies with physical offices and multidisciplinary teams typically offer a more comprehensive and personalised service, which is reflected in the commission fee. Fixed commissions: the digital platform alternative In recent years, new brokerage models have emerged based on digital platforms that operate mostly online and offer fixed commission rates. These are pre-set amounts, usually ranging between €3,000 and €5,000, depending on the package of services offered. Some options include only online promotion, while others provide a full service, from preparing the property for sale to closing the deal. Despite lower costs, these platforms hold a valid real estate brokerage licence issued by IMPIC, just like traditional agencies. Variable or fixed commission: which should you choose? The choice between a variable and fixed commission depends on the level of support the seller wants. Traditional agencies offer a personalised service, in-person assistance, local contacts, and specialist professionals, which may justify the higher fee. Digital platforms, on the other hand, are ideal for those looking to reduce costs and who are willing to take a more hands-on approach to the selling process. However, the level of support may be more limited. The debate over commission caps Recently, a ruling from the European Court of Justice reignited the debate around potentially capping estate agent commissions. The discussion followed a case in Slovenia and found some resonance in Portugal, where some argue that high commissions contribute to rising property prices. However, APEMIP - the Association of Real Estate Professionals and Companies in Portugal, opposes this view, arguing that capping commissions would be as unreasonable as fixing the prices of lawyers or restaurants. The association defends free competition as a key pillar of the sector. When choosing an agency or platform, sellers should assess what’s included in the commission from the type of services to the level of involvement in the sales process. More important than simply opting for the lowest price is ensuring the service meets one’s expectations and needs. The diversity of available options allows for a more informed and tailored decision. Commission is an investment in a successful sale and, when well spent, it can lead to a quicker, safer, and more profitable transaction.
Source: Adobe Stock Author: Redaction The housing market in Portugal reached a new record in March for the median bank valuation, hitting €1,847 per square meter. This figure represents a 2% increase compared to February and a significant year-on-year rise of 16.9%. The growing dynamics of the sector are accompanied by a notable increase in the number of valuations, which surpassed 36,000 processes, reflecting a 4.3% rise from the previous month and a 19.9% increase compared to March 2024. This strong growth in valuations can be partially explained by the recent government measure supporting housing credit for young people up to 35 years old. Through a public guarantee, this measure allows access to 100% of the necessary financing for purchasing a first home, with the State guaranteeing up to 15% of the total amount. This incentive has generated increased demand for credit, leading to a higher number of valuation requests. Valuations are conducted by independent experts and reflect market trends. In March 2025, 24,182 apartments and 12,423 houses were valued. This growing demand is particularly evident in several regions, with a highlight on Alentejo, which saw a 37% monthly increase in the number of valuations, and the Madeira Autonomous Region, which had the highest year-on-year growth (19.4%). For apartments, the bank valuation values are as follows: Median: €2,071/m² (+17.7% vs February 2025) Highest values: Greater Lisbon: €2,750/m² Algarve: €2,426/m² Lowest value: €1,340/m² (Alentejo) Houses also showed positive growth. The median bank valuation values for houses are: Median: €1,369/m² (+10.5% vs March 2024) Highest values: Greater Lisbon: €2,509/m² Algarve: €2,487/m² Lowest values: Central region: €1,020/m² Alentejo: €1,117/m² Highest annual growth: Madeira with 16.2% Highest monthly growth: Azores with 1.8% Regional analysis (NUTS III) reveals significant differences in property appreciation: Greater Lisbon: +47.1% Algarve: +32% Madeira: +15.5% Setúbal Peninsula: +5.4% Alentejo Coast: +5.4% Alto Tâmega and Barroso: -52.6% Alto Alentejo: -51.5% Beira Baixa: -50.7% These figures confirm that the housing market in Portugal continues to experience strong growth, not only in terms of prices but also in the volume of bank valuations. The combination of public incentives and solid demand, particularly from young people, is driving a new cycle of property appreciation. Bank valuation, as an essential tool in the granting of credit, plays an increasingly important role in monitoring and anticipating trends in the housing sector. With a housing policy in transformation and support measures for home-ownership starting to take effect, the growth pace is likely to remain strong in the coming months. Continuous monitoring of valuations will be crucial to understanding the evolution of the market and anticipating the impact on prices, credit granting, and access to housing for Portuguese families.
Source: Adobe Stock Author: Redaction Buying repossessed houses can be an excellent opportunity for those looking for property at a more affordable price. However, it’s important to understand the legal and practical conditions involved in this type of purchase. In this article, we explain everything you need to know about the sale of repossessed houses, the types of repossessions, how to identify a repossessed property, and the ways to acquire one. 1) What are repossessed houses? 2) When can a repossessed house be sold? 3) How is the sale of repossessed properties carried out? 4) How to know if a property is repossessed? 5) How to participate in a repossessed house auction? 6) Advantages of buying a repossessed house What Are Repossessed Houses? A repossessed house is a property that has been seized by a creditor due to unpaid debts by the owner. Repossession occurs when the owner fails to meet their financial obligations, such as paying taxes or bank loans. The property is then seized and, in many cases, sold to settle the existing debt. There are two main types of processes that can result in the repossession of a property: tax repossessions and private repossessions. Both have different implications for the sale of the property. When Can a Repossessed House Be Sold? The possibility of selling a repossessed house depends on who the creditor is and the type of repossession process. Houses repossessed by the Tax Authority (AT): When the repossession is carried out by the state due to tax debts, the property owner cannot sell the property without the creditors authorisation. However, it is possible to negotiate with an interested buyer, using the deposit paid to help settle the debt. Houses repossessed by banks or private entities: When repossession results from a debt with a bank or a private entity, the property can be sold to settle the debt. The sale value is used to pay off the outstanding loan. How Is the Sale of Repossessed Properties Carried Out? There are several ways to sell a repossessed property, depending on the type of process. The most common options include: Adjudication The creditor can choose to adjudicate the property, meaning they either acquire the property for themselves or sell it directly to a third party. Direct Sale In a direct sale, the creditor and the buyer agree on the price and conditions of the sale. The transaction is made without going through an auction. Auction Sale This is one of the most frequent methods of selling repossessed houses. The auction can be held in person or electronically, and it is organised by public or private entities. The sale is made to the bidder who offers the highest price. Closed-Bid Sale In this case, interested parties make confidential written offers. The highest bid wins, and the property is sold at the proposed value. How to Know if a Property is Repossessed? There are several ways to check if a property is repossessed: Real Estate Agencies Many real estate agencies have information on repossessed properties, especially when they are being sold or auctioned. Banks If the repossession results from a bank debt, the bank may be selling or attempting to sell the repossessed property. Tax and Customs Authority (AT) The AT conducts auctions of repossessed properties to recover tax debts. Properties repossessed by the AT are often sold through electronic auction platforms. Social Security Social Security can also repossess properties in the case of debts related to social security contributions. These properties may be sold through auction or direct negotiation. How to Participate in a Repossessed House Auction? If you are interested in participating in a repossessed house auction, follow these steps: Check the Auction Conditions Review the conditions for participation in the auction, such as the minimum bid amount and the property’s appraisal. Prepare Financially Ensure you have the necessary financing to participate in the auction. Often, a deposit is required to guarantee your participation. Monitor the Auction During the auction, be mindful of the bids and do not offer more than you are willing to pay for the property. Verify the Property’s Documentation Before placing a bid, it is essential to ensure that the property is free from any legal issues, such as mortgages or pending legal proceedings. Advantages of Buying a Repossessed House The main advantage of buying a repossessed house is the price, which tends to be lower than the market value. This happens because the goal of the sale is to settle the debt, and the value obtained may be lower than the actual property value. For those looking for a good opportunity, this can be an excellent investment. However, it is important to be aware that, although the price is attractive, the process of buying a repossessed property can involve some risks and additional bureaucracy. The buyer must be prepared to deal with the legal complexities of the process and ensure that the property is in good condition. Acquiring a repossessed house can be a good opportunity for those looking to buy a property at lower prices. However, it is essential to understand the legal processes involved, the ways of sale, and the possible complications that may arise. If you are considering this option, it is important to do thorough research, check the property’s status, and, if necessary, consult a specialist. Buying repossessed houses requires caution and preparation, but it can be an excellent alternative for those seeking a good opportunity in the real estate market.
Source: Adobe Stock Author: Redaction In recent months, house prices in Portugal have been rising sharply, creating a scenario of continuous appreciation in the real estate market. This increase is driven by various factors that, when combined, make the sector more competitive and, at times, inaccessible to some. Below, we present an index of the five main reasons pushing house prices up, followed by a detailed explanation of each. Index of 5 Reasons: Lower interest rates and credit normalisation Increased immigration and foreign demand Reduced housing supply and slow construction Housing access incentives for young people Growing interest from investors Lower Interest Rates and Credit Normalisation One of the key factors driving house prices is the evolution of interest rates. Recently, we’ve seen a decrease in interest rates, making it easier to access credit and boosting demand for housing. With rates approaching what is considered normal, many who previously postponed buying property are now seizing the opportunity to purchase. This increase in demand pushes prices up, creating an environment of continuous appreciation. The normalisation of interest rates has allowed potential buyers to feel more confident in their decision to invest in property, even with prices already at high levels. Increased Immigration and Foreign Demand Portugal has been attracting an increasing number of immigrants, which has significantly contributed to pressure on the housing market. With more people coming to the country seeking better opportunities, demand for homes has increased, especially in regions where historically lower prices have been experiencing the most significant hikes. The demand from foreign communities, such as the Brazilian community, seeking properties with characteristics similar to those of local families, further intensifies the appreciation of properties. This phenomenon mainly affects secondary cities, where the balance between supply and demand was already fragile. Reduced Housing Supply and Slow Construction Despite the high demand, the supply of new homes has remained limited. On average, around 30,000 new homes are licensed each year, but many of these projects face delays or never get completed. This mismatch between supply and demand directly contributes to the rise in house prices. The difficulty in obtaining skilled labour, bureaucracy, and lengthy approval processes are factors that restrict construction. The lack of a significant increase in housing supply prevents the market from balancing, causing existing properties to increase in value even more. Housing Access Incentives for Young People The government has implemented various measures to make it easier for young people to access home-ownership, including incentives with more favourable financing conditions and public guarantees. These measures have undoubtedly boosted demand among younger people. However, the side effect is increased pressure on the market, which is reflected in rising prices. Young people benefiting from these initiatives are often forced to offer higher amounts than originally planned, as the market adjusts to the new dynamics of supply and demand. Thus, while incentives are essential for promoting housing, they also contribute to a higher price environment. Growing Interest from Investors Lastly, the interest from both national and foreign investors has been strengthening the trend of property appreciation in Portugal. In a scenario of international uncertainty and economic volatility, many investors view the Portuguese real estate market as a safe and profitable alternative. The purchase of properties, particularly during the construction phase, has intensified, driven by the perception that the sector offers a safe investment haven during times of instability. This flow of capital, often speculative, contributes to price increases, as investors are willing to pay more for assets considered promising in the medium and long term. The confluence of these five factors – the normalisation of interest rates, increased immigration, limited housing supply, housing access incentives for young people, and investor appetite – is transforming the Portuguese real estate market. House prices have been rising, and unless measures are implemented to significantly increase supply, it is likely that this trend will continue. Understanding the dynamics of these elements is crucial for anticipating future trends and allowing market participants to adapt their strategies, promoting sustainable and balanced growth in the housing sector.
Source: Adobe Stock Author: Redaction The sale of a house is a process that involves not only the transaction of the property but also various tax implications that can significantly impact the financial outcome for the owner. One of the relevant points in this context is the possibility to deduct, from the capital gains tax calculation, the expenses with compensations paid to tenants for renouncing the rental agreement. This mechanism allows landlords to reduce the amount subject to taxation, benefiting from an important tax reduction. 1) The Importance of a Written Agreement For the compensation expense to be considered deductible, it is essential that there is a written agreement between the landlord and the tenant. This formal agreement must clearly specify the amount of the compensation, the parties involved in the transaction, and the property in question. Furthermore, it is necessary for the payment to be evidenced by a receipt. These elements are crucial to ensure that the expense is accepted by the Tax Authority and, consequently, deducted in the income tax (IRS) declaration. 2) Tax Benefits in Deductions Including compensations as deductible expenses in the sale of a house represents a significant change in the way capital gains are taxed. Previously, such expenses were considered excluded from the calculation, but the current legislation allows for the deduction of the compensation value, thus reducing the taxable base. This measure aims to more fairly reflect the actual expenses borne by the owner in facilitating the sale of the property, transforming a cost into a fiscal investment. 3) Implications for the Real Estate Market The possibility of deducting compensations paid to tenants not only benefits owners fiscally but also stimulates the real estate market. In many cases, the existence of an active rental contract can hinder the sale of a house. By reaching an agreement that allows the tenant to renounce their contractual position through compensation, the landlord can facilitate the sale of the property, adapting to market demands and promoting more efficient asset liquidation. This strategy contributes to a more competitive and modern environment in the real estate sector. 4) Documentary Requirements and Formalities For the deduction to be accepted, the process must comply with strict formal requirements. It is mandatory for the compensation payment to be precisely documented with: Written agreement : A document that clearly records the agreement between the landlord and the tenant, specifying the terms of the renunciation of the rental agreement. Receipt : Proof of the payment made, identifying the value, the parties involved, and the property. These documents must be available and included in the IRS Model 3 declaration, ensuring transparency and compliance with the current legislation. 5) Strategies for Efficient Management In addition to the tax benefit, the deduction of compensations can be viewed as a tool for more efficient real estate management. Property owners who choose this approach not only alleviate the impact of income tax but also maximize the profitability of their investments. Turning expenses into deductions allows for a more realistic assessment of their tax capacity, aligning the incurred costs with the actual profit made from the house sale. This procedure is especially relevant for owners with old contracts or those facing difficulties in transitioning to more modern rental regimes. 6) Recommendations The sale of a house is an opportunity to rebalance real estate assets, and the possibility of deducting compensations paid to tenants is a mechanism that can make this process more advantageous. However, to benefit from this advantage, it is essential that all formalities are strictly followed. The written agreement and supporting documentation are indispensable elements that guarantee the expense will be accepted for tax deduction purposes. It is recommended that property owners consult specialists in the tax and real estate fields to ensure that all documentation is in compliance with legal requirements, thus avoiding potential disputes with the Tax Authority. Therefore, the strategic management of expenses related to the sale of a house not only contributes to a fairer taxation process but also stimulates the real estate market, creating more favourable conditions for successful business transactions. The deduction of compensation expenses, when duly verified, represents a significant advantage in the sale of a house. By transforming a cost into a tax benefit, owners can reduce the impact of income tax on capital gains, driving modernization and efficiency in managing their assets. This approach highlights the importance of strategic planning that takes all aspects of the process into account, from formalizing agreements to managing documentation, contributing to a more dynamic and sustainable real estate market.
Source: Adobe Stock Author: Redaction When selling property, capital gains taxation is one of the key financial concerns for homeowners. One effective strategy to lower the taxable amount is to deduct renovation expenses, provided they are directly linked to property value enhancement and were incurred within the last 12 years. Tax regulations require that these costs be considered integral to the property and contribute significantly to its improvement. To qualify for a deduction in the capital gains calculation, the homeowner must retain all supporting documentation proving the works were carried out. This includes detailed invoices, receipts, and quotes specifying the services provided and materials purchased. The documentation must demonstrate that the expenses were directly tied to renovation works that increased the property’s value. Simply purchasing materials without carrying out actual renovations does not allow for deduction. Eligible renovation works include flooring replacement, plumbing installation or upgrades, kitchen modernisation, electrical system improvements, and other enhancements that increase the property’s worth. Energy efficiency improvements, such as modern climate control systems and thermal insulation, as well as external renovations like façade maintenance, can also be deducted, provided they contribute to the property’s overall value. The deductibility of these expenses is particularly relevant for properties that are not the owner’s primary residence. In such cases, capital gains tax is applied more rigorously, meaning that reducing the taxable amount can lead to significant savings. Therefore, careful planning and proper documentation are crucial to ensuring renovation expenses are recognised and deducted in the capital gains calculation. Applying this deduction mechanism correctly requires a thorough review of all renovation work undertaken. Property owners must ensure that each expense is clearly documented and directly linked to value enhancement. A lack of sufficient proof may result in tax authorities rejecting the deductions, increasing the taxable amount. In Portugal’s real estate market, where property appreciation remains a major driver of investment, the ability to deduct renovation costs plays a strategic role. It enables owners to maximise financial returns on property sales while promoting property rehabilitation and modernisation. In a constantly evolving economic landscape, the deduction of renovation expenses fosters a more competitive and dynamic environment, benefiting both investors and the real estate sector as a whole. Beyond direct tax benefits, meticulous record-keeping of renovation work can also be advantageous for overall property asset management. Proper preparation for a property sale, backed by comprehensive documentation, not only facilitates tax deductions but also enhances transparency and credibility in the market. This approach allows property owners to streamline transactions and minimise capital gains tax liabilities. Deducting renovation expenses is an essential tool for property owners looking to reduce tax burdens when selling their assets. By investing in value-adding improvements and maintaining detailed records, taxpayers can significantly offset costs in capital gains calculations. This practice supports sound financial management while encouraging urban regeneration and modernisation, contributing to a more dynamic and sustainable property market.
Source: Adobe Stock Author: Redaction Housing prices remain a key topic in Portugal’s political debate. The new Land Law, which allows the conversion of rural land into urban land, is at the centre of controversy. The Mayor of Oeiras, Isaltino Morais, warns that without effective measures, the Lisbon Metropolitan Area could face a severe housing crisis again , with the struggling middle class finding it increasingly difficult to access affordable homes. Meanwhile, the government believes the proposed changes will secure the necessary parliamentary support. The Minister for Infrastructure and Housing, Miguel Pinto Luz, has expressed confidence in the approval, emphasising the need for more land for construction. However, some argue that amendments are required to prevent new housing from being sold at prices exceeding national and municipal medians. The main change involves setting a price cap on homes built on converted land, ensuring they fall under the concept of controlled-cost housing. However, this measure may discourage private developers, particularly in Lisbon and Porto, where higher returns are expected. Another key issue is the continuity of urban land, a point where the Parliament appears to be aligned. Real estate experts view the new legislation as a necessary step to increase housing supply, but they doubt it will be sufficient to solve Portugal’s housing crisis. Speculation and the lack of affordable construction remain major obstacles. Many argue that alongside changes to the Land Law, additional measures such as tax incentives for affordable housing and increased public housing investment are needed. Another critical factor is the regulation of rental prices, which continue to rise, making it increasingly difficult for many Portuguese citizens to find suitable housing within their financial means. House prices, particularly in major cities, have surged, pushing residents to peripheral areas, increasing transport costs, and putting additional pressure on urban infrastructure. The new law’s impact also extends to investors and property developers. Some fear that price restrictions on new homes could undermine the financial viability of projects. Regulatory uncertainty may also reduce Portugal’s attractiveness to foreign real estate investment, potentially slowing the construction of much-needed new housing at a time when supply remains scarce and demand is high. At the same time, some see the new law as an opportunity to rethink Portugal’s urban development model. Urban planning experts argue that converting rural land into urban areas must be accompanied by adequate infrastructure, transport networks, and public services to ensure the creation of sustainable communities. With the law’s review scheduled for the last week of February, the outcome of this political discussion will have a significant impact on the future of the real estate sector and access to housing in Portugal. The debate over housing prices and affordability will remain at the forefront for governments, municipalities, and citizens alike.
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