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“AL” and potential Capital Gains Tax

The withdrawal of a property from a Local Lodging tourist activity was already potentially subject to capital gains assessment under previous legislation. However, the way the law was drafted left room for doubt as to the exact point that the tax would be due. In the 2018 State Budget, this doubt was clarified, making it unambiguous that there is deferred payment of capital gains tax when the property is further assigned on an ongoing basis to income from category F (long-term rental). Without this abeyance, a Capital Gain may be attained in the year of cessation of the business assignment. Regardless, reporting is done in your annual “IRS” return.

Lagos to initiate Tourist Tax

Following the general approval by the Algarve Mayors’ group, AMAL, the Council of Lagos is moving forward with a €1.5-a-night Tourist Tax. Mayor Maria Joaquina Matos justified the measure, declaring that the tax will help pay for local projects, cover a lack of investment by central government and contribute to making the region more competitive.

Tourist Tax doubles in Lisbon

Staying in a hotel or local lodging accommodation in Lisbon became more expensive as of the first of the year due to the increase in the Municipal Tourist Tax from one to two Euros. The local municipality estimates additional revenues from the measure of ±_35 million in 2019.

Renting rooms may imply losing “IMT” discount

The Tax Authority can now claw back “IMT” tax breaks when owners engage in Local Lodging or letting rooms to students. If you bought your home as your “personal and principal residence”, you paid a lower property transfer tax (“IMT”) at the time of purchase. According to a recent “AT” ruling, if within the following 6 years you practice holiday or student letting, Finanças can rescind the tax break and retroactively reclaim any additional tax due.

Algarve to charge Tourist Tax in 2019

From March to October, tourists will be charged €1.50 per day, up to a maximum of seven consecutive days. Lisbon has also been negotiating to double its Tourist Tax to €2. The Algarve Tourist Tax is expected to yield 20 million euros per year to Algarve municipalities. These revenues are to be used in inter-municipal projects in the areas of tourism promotion, heritage rehabilitation and cultural interventions.

Porto to apply €2 tourist tax

Porto city council approved today a tourist tax of two euros per night for all guests over the age of 13 beginning 01 March 2018. In announcing the new levy, Mayor Rui Moreira said that, in order to ensure Porto’s place as a sustainable tourist destination, holidaymakers must participate in the running costs of the municipality, given the wear and tear inherent in the tourist footprint.

Local Lodging: tax revenues double

Tax receipts from Local Lodging (“AL”) grew from €69,000,000 to €123,000,000 between 2015 and 2017, as revealed by the Secretary of State for Tourism, Ana Mendes Godinho. “AL” license registrations also increased almost twofold from 28,000 to over 50,000 over the same period.

Hotels protest future Tourist Tax in Porto

The creation of a Porto Municipal Tourist Tax, which might reach two euros per night, is designed to solve housing problems and omits improvements in the tourism sector, claims the Hospitality Association of Portugal. The City Council explained, “the proceeds of this levy are to be applied in projects aimed at promoting housing for the middle and lower middle class in the historic centre to accelerate the repopulation and curb pressures from real estate development.

Moves on the tax front…

Apart from the increase in Tax on Local Lodging (from net 3,75% to net 8.75%) the State is planning indirect taxes and changes for 2017.

An added assessment, dubbed “Additional Municipal Property Tax (AIMI), will cover the entire ratable value (VPT) with an exemption on the first €600,000. For properties above this evaluation, the rate of 0.3% will apply. Property Owners with outstanding taxes will forfeit this exemption and will have to pay the new levy whatever the VPT.

On the other hand, owners of buildings with ratable values over one million euros should pay less overall tax in 2017 than last year, even with the proposed increase in Municipal Property Tax (IMI), due to the elimination of the 1% Stamp Duty on this type of luxury real estate.

Tax Hike on Local Lodging

In the 2017 Portuguese State Budget there will indeed be a change to the tax on Local Lodging. After heated discussions on Thursday evening, it seems that the Government is not going to increase the overall tax rate to 28%.

Instead, the taxable part of the income will increase from 15% to 35%. This means that the current tax rate of net 3.75% will go up to net 8,75% .

An example:  A Local Lodging owner has an income of 100€.

Until 31.12.2016, a tax rate of 25% is applied to 15% of the 100€,

so 15€ are taxable. On this amount,  the tax rate is 25%.

The result: of 100€ income: he pays 3.75€ to the state.

 

As of January 2017, a tax rate of 25% is applied to 35% of the 100€,

so 35€ are taxable. On this amount,  the tax rate is 25%.

The result: of 100€ income: he pays 8.75€ to the state.

 

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