Navigation path


Generic Tax Name Tax on real estate - Immovable property municipal transfer tax
Tax name in the national language IMT - Imposto municipal sobre as transmissões onerosas de imóveis
Tax name in English Immovable property municipal transfer tax
Member State PT-Portugal
Tax in force since 2004/01/01
If abolished, date on which the tax ceases to apply
Business version date 2015/01/01
Version date 2015/02/17
This file was last updated on

Type of tax
Direct taxes Personal income tax
Corporate income tax
Other

Indirect taxes VAT
Excise duty (EU harmonised)
Alcoholic beverages
Energy products and electricity
Manufactured tobacco
Other

Social security contribution Employers
Employees
Other
 
Legal base

IMT Code, enacted by Decree Law 287/2003 of 12 November, as amended; Tax Incentives Statute (EBF), enacted by Decree Law 215/89 of 1 July, as amended; Law 21/90 of 4 August; Regional Legislative Decree 2/99/A of 20 January; Regional Legislative Decree 18/99/M of 28 June; Law 2/2007 of 15 January; Law 85/98, of 16 December; Law 19/2003, of 20 June; Decree-Law 108/2008 of 26 June; Law 55-A/2010 of 31 December.

 
Who sets
The tax rate is set by




The tax base is set by




The reliefs are set by




Comments
 
Beneficiary





Comments

 
Geographical Scope

Whole country.

 
Taxpayers

An individual or a legal person who purchases immovable property situated in the Portuguese territory as well as other similar transferees, as defined by the law, whether or not resident in Portugal.

 
Tax object and basis of assessment

The tax is levied on non gratuitous transfers of urban, rural or mixed immovable properties situated in the Portuguese territory and other similar transactions, as defined by the law.

 

The basis of assessment is the transfer value of the immovable property, as defined by the law. In general, the price stated in the property transfer act or deed or, if higher, the taxable value of the property for purposes of the Municipal immovable property tax (IMI).

 
Deductions, Allowances, Credits, Exemptions

Main exemptions:

  • The central government, the autonomous regions, the local authorities as well as their associations and federations and any departments, organizations or agencies thereof, even if they have legal personality;
  • Foreign governments in respect of purchases of buildings exclusively destined for the seat of the diplomatic or consular mission or for the residence of the Head of the mission or of the Consul, as well as in respect of purchases of land destined for these buildings, where there is reciprocity of treatment;
  • Charities (IPSS) and entities of public interest in respect of properties directly destined for their purposes;
  • Purchases of properties by registered religious institutions for religious purposes;
  • Purchases of classified properties as having national, public or municipal interest, under the applicable law; 
  • Purchases of properties situated in less developed areas by companies for use in agricultural or industrial activities considered of relevant economic and social interest;
  • Purchases of properties by sports associations, if not destined for paid shows;
  • Purchases of rural immovable properties for first use by young farmers, under the applicable law;
  • Purchases of properties by museums, libraries, schools, corporate public entities responsible for public school nets and teaching or cultural associations, directly or indirectly destined for their purposes (Article 6 of IMT Code);
  • Purchases of properties for resale by real estate dealers registered for personal or corporate income tax purposes, subject to the conditions established by the law (Article 7 of IMT Code);
  • Purchases of properties by credit institutions and their controlled subsidiaries in order to recover bad credits under legal procedures, subject to the conditions established by the law (Article 8 of IMT Code);
  • Purchases of urban immovable property exclusively destined for use as permanent residence, the taxable value of which does not exceed € 92,407 (Article 9 of IMT Code);
  • Purchases of urban immovable properties destined to undergo renovation works within a two-year period (Article 45 of EBF);
  • Immovable properties held by pension funds, retirement savings funds and immovable property investment funds (Article 49 of EBF);
  • Non gratuitous transfers of immovable properties not destined for residential use which are necessary for qualifying restructuring operations such as mergers, spin-offs and profit-sharing agreements may apply for an exemption under the conditions established by the law (Article 60 of EBF);
  • Cooperatives in respect of purchases of properties destined for their seat or use for their purposes, subject to the conditions established by the Law 85/98, of 16 December 1998;
  • Political parties in respect of purchases of properties destined for their purposes (Law 19/2003, of 20 June 2003).
 
Rate(s) Structure
  • Purchases of rural immovable properties: 5%
  • Purchases of urban immovable properties exclusively destined for use as permanent residence: 

 Basis of assessment

 (€)

 Marginal rate

 (%)

 Average rate *

 (%)

 

 

 Up to 92,407

 From 92,407 up to 126,403

 From 126,403 up to 172,348

 From 172,348 up to 287,213

 From 287,213 up to 574,323

 

 0

 2

 5

 7

 8

 

 0

 0.5379

 1.7274

 3.8361

 -

 

 

 Over 574,323

 

 

Flat rate of 6 %

 

 (*) In the upper limit. 

  • Purchases of urban immovable properties exclusively destined for residential use (other than for use as permanent residence): 

Basis of assessment

(€)

Marginal rate

(%)

Average rate *

(%)

 

 

Up to 92,407

From 92,407 up to 126,403

From 126,403 up to 172,348

From 172,348 up to 287,213

From 287,213 up to 550,836

 

1

2

5

7

8

 

1.0000

1.2689

2.2636

4.1578

-

 

 

Over 550,836

 

 

Flat rate of 6 %

 

 (*) In the upper limit.

 

In the Autonomous Regions (Madeira and Azores), the above mentioned tax schedules are recalculated by multiplying the lower and upper limits by a coefficient of 1.25 according to Law 21/90 of 4 August 1990

 

Purchases of other urban immovable properties and other non gratuitous transfers: 6.5 %

 
Tax due date

Generally before the property transfer act or deed.

 
Tax collector

In general, the tax is assessed and collected by the Tax and Customs Authority on the basis of the tax return submitted by the taxpayer, before the property transfer act or deed.

 
Special features

 
Economic function







Comments
 
Environmental taxes



Comments
 
Tax revenue
ESA95 code d214ca

Year
Annual tax revenue (millions)
Currency
Tax revenue as % of GDP
Tax revenue as % of total tax revenue
2012 393.77 EUR 0.23
2011 512.87 EUR 0.29
2010 594.70 EUR 0.33
2009 634.52 EUR 0.36
2008 774.69 EUR 0.43
2007 972.66 EUR 0.55
2006 748.02 EUR 0.45
2005 691.00 EUR 0.44
2004 585.70 EUR 0.38
2003 604.90 EUR 0.41
2002 719.80 EUR 0.51
2001 658.00 EUR 0.48
2000 673.80 EUR 0.52

Comments