Investing in Portugal

Although the Portuguese market has become increasingly open to real estate and fund investment, local laws and cultural practices can create challenges for investors. We provide legal services to businesses and individuals investing in real estate and investment funds in Portugal. Our legal services extend to Golden Visa investors, their families, and their Portuguese nationality.

We advise and support clients on

 

Investing by migrating to Portugal

 

  • Golden Visas.

 

Real Estate Investment

 

  • Preparing and negotiating purchase property agreements (e.g., promissory sales agreement, public deed of property sales and purchase).

  • Preparing, reviewing, and negotiating rental agreements.

  • Structuring and implementing short-term rental agreements.

 

Venture Capital and Investments

 

  • Investment rounds for early-stage startups.

  • Venture capital agreements (e.g., term sheets, equity agreements, safe, convertible notes).

  • Legal due diligence.

  • Creation of investment vehicles.

  • Exit strategies.

 

Estates and inheritance

 

  • Planning will and estates.

  • International inheritance.

Portugal’s Golden Visa Program

  • It’s an investment program created by Portugal allowing non-EU citizens and their families to obtain residency in Portugal by investment.

    After a 5-year period investors and their family members can apply for Portuguese nationality.

  • Benefits include right to Portuguese nationality, visa-free travel across 26 European countries, live and work in Portugal as well as access to an upcoming creative and innovative market.

  • The short answer is no, you don’t.

    The only requirement is that you spend 7 days of your first year and 14 days of your two subsequent years in Portugal.

  • Your investment options include real estate, creation of businesses and/or jobs, capital transfer as well as investment funds.

  • It could be a good option if you are seeking to diversify your investment portfolio and, at the same time, have free access to Portugal and other countries of the European Union.

    Other options that you can consider relocating to Portugal are seeking Portugal’s passive income visa (known as D7 Visa), Portugal’s entrepreneur visa (known as D2 Visa) or as a remote worker.

Real Estate

  • Yes. For example, you could use either a Limited Liability Company (“LLC”) or a Privately Limited-Held Company (“PLHC”).

  • No, you do not have to necessarily relocate to Portugal by creating a company.

    By being one of the shareholders of the company you will require a Portuguese tax number.

    Having a Portuguese tax number does not mean your tax residence will be in Portugal. You can still maintain it outside of Portugal, if you choose so.

  • It can give you, as the buyer:

    • Extra layer of protection as your assets would be separate from those of the company.

    • Potential tax benefits, including.

  • For an LLC include, general aspects include that:

    • You could either be the sole shareholder and manager or you could have two or more shareholders and one or more managers.

    • The Minimum Social Capital is 1,00€ (LLC of a single shareholder and manager).

    As for a PLHC, general aspects include:

    • The minimum number of shareholders is 5; and

    • The Minimum Social Capital is €50.000,00 (some PLHCs may require higher initial social capital - e.g., Venture Capital Companies).

  • Your company could be subject to:

    • Corporate Tax - Imposto Sobre o Rendimento de Pessoas Coletivas;

    • Municipal Tax on Real Estate Transactions - Imposto Municipal Sobre Transmissões Onerosas de Imóveis;

    • Stamp Duty - Imposto de Selo; and

    • VAT depending on the case (e.g., Airbnb).

Talk to one of our Lawyers

Are you determined Portugal is the right choice for you but haven’t yet figured out which legal solution is best suited for your particular situation, and you are bubbling with questions?

Then a 50-minutes consultation with one of our lawyers is what you are looking for.