NHR Implications for the Rich

Apologize for obnoxious title

I’m planning to apply for NHR in December (Deadline i guess to apply). What are the practical implications you faced:

  1. Do you have to pay capital gains tax on your International equities? I’m sure most of us invest in US index funds and tech stocks, e.t.c. Are we required to pay capital gains on those? Since they are held in online brokerage accounts, i’m assuming they fall under international assets?

  2. I have some positions in Crypto. Do Portuguese tax authorities usually give a hard time with crypto

  3. What about any rental properties abroad? They are already taxed where they are located of course.

If you know a good tax specialist / accountant - Some referrals would be lovely

Fresh Portugal.

One PT tax expert we work with is https://oncorporate.com You will need a firm like that to sort out complex income streams. Capital gains are an area debated a lot and may be in a flux. Passive income is straightforward.

  1. Capital gains from “movable assets” are generally taxed in Portugal, even with NHR status, due to the other country not having the right to tax according to most DTAs. Exceptions for US citizens/persons since the US has the right to tax. I believe the Portugal-Brazil treaty is another exception.

  2. Hard time in which way? The rules for taxation are relatively straightforward. Holding for a year or more means there are not taxes due, and I believe exchanging between various crypto currencies (including stablecoins) does not reset that clock. However, if you actively trade it could be classified and taxed as regular Portuguese-sourced income.

  3. Capital gains from immovable assets are generally not taxed in Portugal since the source country has the right to tax according to the DTA.

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#1 is a little more complicated for US citizens as to US source assets. CG taxed in PT unless NHR; this was in doubt but now seems to be observed. Without NHR, taxed in PT and in the US, with the US giving a credit on a passive category resourced basis for the PT taxes. Foreign source CG would be regular passive category FTC. At least that’s how I think it works.

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