Golden Visa Portuguese Residence Card for Investors |2022 - Santos Carvalho & Associados, SROC, SA
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February 2021 Golden Visa Portuguese Residence Card for Investors |2022 Background The Golden Visa regime, in force since 2012, enables third country (non-EU) nationals, that intend to conduct investment activities in Portugal, to obtain a temporary residence permit. The latest legal amendment (currently in force) happened in 2017, further broadening the eligible investment activities. With the publication of the 2020 Portuguese State Budget, it was also anticipated a future review of the Portuguese Golden Visa regime with “the objective of promoting the investment by foreigners into low density regions, especially through urban rehabilitation, cultural heritage, activities of high environmental or social value, productive investment, and job creation”. These changes were recently enacted on February 12th, 2021, with the publication of the Decree-Law no. 14/2021. Notwithstanding, these changes will come into force only in January 1st, 2022. Until then, 1. the current Portugal Golden Visa rules and requirements will remain the same. Real Estate The beneficiaries of Golden Visa are entitled to live and work in Portugal, further benefiting from a visa exemption for travelling within the Schengen Area. They can also request family reunification, apply for permanent residence and, eventually, apply for Portuguese citizenship, by naturalization, provided all other requirements set out by the Nationality Act are fulfilled. In parallel, the Golden Visa application procedure is becoming more agile. Requirements 2. For the purpose of obtaining the Golden Visa, the applicant should meet at least Capital Investment one of the following conditions: 1. The purchase of real estate property in Portugal worth at least EUR 500,000.(*)(**) 2. The purchase of real estate property, constructed at least 30 years ago or in the Portuguese urban rehabilitation areas, if rehabilitation works are undertaken, amounting to a global value of at least EUR 350,000.(*)(**) 1
Golden Visa | February 2021 Portuguese Residence Card for Investors | 2022 update 3. Financial 3. A capital transfer of at least EUR 1,500,000 (until 2021, EUR 1,000,000). Assets 4. A capital transfer equal to, or greater than, EUR 500,000, that is aimed at developing and enhancing research activities developed by public or private scientific institutions, integrated into the national scientific and technological system(*) (until 2021, EUR 350,000). 4. Investment 5. A capital transfer equal to, or greater than, EUR 250,000, that is aimed at the in the job investment or support of artistic production, recovery or maintenance of creation national cultural heritage, through certain legally defined institutions (*). 6. A capital transfer equal to, or greater than, EUR 500,000, for acquiring units in investment or venture capital funds aimed at providing capital to companies that meet certain requirements. These funds must be incorporated under the Portuguese law, with a maturity date of at least five years as of the investment date and, at least, 60% of its investments must be made in companies with registered office in Portugal (until 2021, EUR 350,000). 7. The creation of at least 10 new jobs(*) 8. A capital transfer of at least EUR 500,000, to incorporate or increase the share capital of a company with registered office in Portugal, together with a creation of five permanent jobs, for a period of three years (until 2021, EUR 350,000). (*) Please note that, the amounts mentioned above may be reduced by 20%, when these same activities are carried out in low population density areas (as defined In Portuguese Law). (**) The minimum investment amounts will remain the same, while there will be geographical restrictions for some typology of real estate on the qualifying areas. The main change refers to residential real estate properties, in which, after 1 January 2022, to be eligible under the regime, the related investment must be made - exclusively - in the less-densely populated areas. In this regard, for more details, please see Ordinance no. 208/2017. Specifics of the regime • When the investment must be made? The investment activity chosen by the applicant must have been made at the time the application for a residence permit is presented. • What is the mandatory duration of the investment? The investment must be maintained for a minimum period of five years. Investors can change the type of investment in the renewal applications. This five-year period runs from the date the Golden Visa is granted. 2
Golden Visa | February 2021 Portuguese Residence Card for Investors | 2022 update • Shareholding and investment through companies: If the chosen investment is made through a commercial company, it must be made through a single shareholder limited company with its registered office in Portugal, or in another Member State of the European Union with a permanent establishment in Portugal. • Validity periods and obligation to stay in Portugal: The first residence card is valid for one year and should be applied for at the Portuguese Foreign Services during the first 90 days of presence in Portugal. This residence card may then be renewed for successive periods of two years, provided that the initial attribution conditions are maintained. To be able to renew the Golden Visa, its holder should stay at least 7 days in Portugal during the first year of validity and at least 14 days during each of the next two-year renewal periods. • Reduction of the tax burden for investments in urban rehabilitation: The Portuguese Government has created tax benefits for the activity of urban rehabilitation, introducing tax efficiency to investment opportunities. These benefits take the form of (i) exemptions from Municipal Property Transfer Tax when acquiring the properties in question, (ii) exemptions from Municipal Property Tax , for the three years following acquisition of the properties and (iii) a reduced rate of Value Added Tax in relation to the works. • Schengen area: Like any other Portuguese residence permit, Golden Visa holders can travel freely in the Schengen Area (Austria, Germany, Belgium, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, the Netherland, Hungary, Iceland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Maltas, Norway, Poland, Portugal, the Czech Republic, Sweden and Switzerland. • Right to family reunification: Besides the spouse, minor children or relatives in the ascending line, its holders may be reunified with adult children in the care of the couple or one of the spouses if those children are studying in Portugal or abroad. Additional benefits After 5 years of title the Golden Visa holder can then apply for permanent residency within Portugal and after 6 years he can apply for citizenship. The basic requirements to qualify is: to promote and maintain at least one of minimum investment alternatives; a clean criminal record and the ability to spend a minimum of 7 days in Portugal during the first year validity and 14 days during each of the two-year renewal period. 3
Golden Visa | February 2021 Portuguese Residence Card for Investors | 2022 update Contacts For more information, please contact: Catarina Breia Partner, Head of Tax Mobile: (+351) 91 75 75 832 E-mail : cbreia@pt-nexia.com This information contained in this document is of a general nature and does not apply to any particular entity or situation. Although we make every effort to provide accurate and current information, we can not sure that this information will be accurate on the date it is received and / or known or will continue to be accurate in the future. No one shall act in accordance with this information without appropriate professional advice for each specific situation. © 2018 Santos Carvalho & Associados SROC, S.A. All rights reserved. The marks NEXIA INTERNATIONAL, NEXIA and their logos are owned by Nexia International Limited. Nexia International and its member firms constitute a network of independent firms at the corporate and management level. Nexia International accepts no responsibility for acts or omissions or liabilities of any of its members. info@pt-nexia.com Closer to you. www.pt-nexia.com Find us on: Member of: Porto Funchal Nexia International is a leading worldwide network of independent accounting and consulting firms, providing a comprehensive Avenida da Boavista, n.º 2881 Espaço AJEM portfolio of audit, accountancy, tax and advisory services. Nexia – 2.º escritórios 14 e 15 Rua das Pretas 88, loja 5 International is the trading name of Nexia International Limited, a company registered in the Isle of Man. Company registration 4100-136 Porto 9000-130 Funchal number: 53513C. Registered office: 1st floor, Sixty Circular Road, Douglas, Isle of Man, IM1 1SA. The trademarks Nexia International, Portugal Portugal Nexia and the Nexia logo are owned by Nexia International Limited. Nexia International and its member firms are not part of a worldwide partnership. Member firms of Nexia International are T: + 351 225 193 660 T: + 351 291 098 576 independently owned and operated. Nexia International does not accept any responsibility for the commission of any act, or omission to act by, or the liabilities of, any of its members. 4 Closer to you.
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