Key points

  • Decree-Law No. 97/2026 of 20 May, in force since 25 May 2026, applies a flat 7.5% IMT rate to acquisitions of urban buildings (or autonomous units) intended exclusively for housing by persons who are not Portuguese tax residents.
  • For these buyers, progressive brackets, exemptions and reduced rates are set aside; tax residence is assessed under Article 16 of the IRS Code.
  • Two regularisation routes recover the difference against the normal scale: becoming Portuguese tax resident within two years of the purchase, or letting the property for housing (monthly rent capped, currently around €2,300) within six months and keeping it let for at least 36 months — continuous or not — during the first five years.
  • The refund request is filed with the tax authority within six months of the qualifying event; the measure is not retroactive and applies to deeds executed from 25 May 2026.
  • The same decree widens the IMT payment window: on the day of assessment or within the following thirty days. The 0.8% stamp duty is unchanged.

A flat rate with a precise scope

The measure targets neither residents nor non-housing uses: commercial premises, land and offices stay under the common regime. It draws the line on tax residence, not nationality — a Portuguese national living abroad is caught; a foreigner who is Portuguese tax resident is not.

The two exits

Settle in earnest — tax residence within two years — or house the rental market: letting within six months, capped rent, 36 months over five years. Both refunds are claimed within six months of the qualifying event; the calendar starts at the deed.

What this means in practice

For a non-resident, the entry cost on Portuguese housing now reads in one line: 7.5% plus 0.8% stamp duty. In our Portuguese analyses it is priced in from the start — and it reframes local structuring, which our dedicated article on Portuguese companies examines. The text first, the structure second.

General information, verified at the date of publication. Every operation requires advice from qualified local counsel.