NHR Status

Short answer. NHR closed to new applicants on 1 January 2024, so nobody can apply now. If you registered in time, you keep the regime for the rest of your ten years, under the rules that applied then. If you are moving to Portugal now, the regime to look at is IFICI.

  • Closed, not withdrawn: no new registrations since 1 January 2024, and registrations already made run their full ten years.
  • What survives for holders: 20% on qualifying Portuguese work income, and 10% on foreign pensions for those who registered from April 2020.
  • Foreign income: exempt only where the conditions in the law are met, never automatically.
  • No switching: anyone who has benefited from NHR is excluded from IFICI.
  • After the ten years: the ordinary resident rules apply, so decide the final year before it arrives.

Can I still apply for NHR?

No. The 2024 State Budget, Lei n.º 82/2023, revoked the provisions that created the regime, and numbers 8 to 12 of article 16.º of the IRS Code now read "(Revogado.)" on the tax authority's own consolidated text. Closed means closed here: there is no late window and no discretionary exception.

A transitional route did exist, and it is worth knowing about only because it decides who is a holder today. It covered people already registered as non habitual residents, people who met the residence conditions on 31 December 2023, and people who became resident by 31 December 2024 and could show one of a listed set of commitments, such as a promise or contract of employment signed by 31 December 2023, a lease or a promissory purchase of a Portuguese property signed by 10 October 2023, a school enrolment completed by that date, or a residence visa valid at the end of 2023 (article 236.º, n.º 3, of Lei n.º 82/2023). Registration under that route closed on 31 March 2025.

If you are arriving now, the successor regime is IFICI, and it is a different animal: built around qualifying work rather than around anyone who moves. Start with our IFICI guide, and for the fuller account of what changed, read NHR in Portugal has ended: what replaced it.

What does NHR actually give the people who have it?

Three things, all of them kept alive for holders by article 236.º, n.º 3, of Lei n.º 82/2023, which preserves the pre-2024 wording of the relevant provisions until each holder's period runs out.

  • A flat 20% on qualifying Portuguese work income. Net income of categories A and B earned in high value added activities of a scientific, artistic or technical character, as defined by ministerial portaria, is taxed at 20% (article 72.º, n.º 10, pre-2024 wording). Work outside that list is taxed on the ordinary scale.
  • Exemption for most foreign income, on conditions. Foreign employment, qualifying self-employment, investment, rental and capital gains income can be exempt in Portugal (article 81.º, n.os 4 and 5, pre-2024 wording). The conditions matter, and they are set out in the next section.
  • Pensions at 10%, or exempt for the early cohort. Foreign pension income of holders is taxed at 10% under article 72.º, n.º 12, in the wording given by Lei n.º 2/2020 of 31 March 2020. Holders who registered before April 2020 keep the earlier treatment, under which that income was exempt.

The regime was generous. It was never the blanket tax holiday of the dinner party version, and the gap between the two has cost people money.

Is foreign income really tax free?

Not by default, and this is the single most misunderstood part of the regime.

Foreign employment income (category A) is exempt if it is taxed in the other state under a double tax treaty with Portugal, or, where there is no treaty, if it is actually taxed there and is not treated as Portuguese source income under article 18.º (article 81.º, n.º 4).

Foreign self-employment income from high value added services, from intellectual or industrial property or from know how, together with investment, rental and capital gains income (categories E, F and G), is exempt if it may be taxed in the other state under a treaty, or, absent a treaty, if it may be taxed there under the OECD model convention, provided the country is not on the Portuguese list of privileged tax regimes and the income is not Portuguese source (article 81.º, n.º 5).

The difference between "is taxed" and "may be taxed" is not pedantry. Employment income has to be taxed abroad for the exemption to apply. The other categories only have to be taxable there, which is why dividends from a country whose treaty with Portugal allows it to tax them can be exempt here even if that country charges nothing, and why a salary that nobody taxed anywhere is not.

Does exempt foreign income still push up my rate?

Yes, where your other income is taxed on the general scale. Income exempt under n.os 4 and 5 is mandatorily added in when fixing the rate on your remaining income, with the exceptions that provision lists, which include income taxed at the special rates of article 72.º and the 20% rate on high value added work (article 81.º, n.º 7). So the exempt income does not inflate that 20%, and it can decide which bracket applies to Portuguese income taxed on the scale.

There is also a choice most holders never hear about. Instead of the exemption, the holder may elect the foreign tax credit method, in which case the income is brought in and taxed, with a credit for the tax paid abroad (article 81.º, n.º 8). Which route wins depends on your numbers, and it can change from one year to the next.

How do I count my ten years?

The period runs for ten years from the date you became resident in Portugal, which article 236.º, n.º 3, expresses as the period in the old article 16.º, n.º 9, counted from that date.

A worked example, with the assumption stated plainly: if you registered as resident in Portugal during 2021 and were accepted as a non habitual resident for that year, your ten years cover 2021 to 2030 inclusive, and from 2031 you are taxed as an ordinary resident. Nothing renews.

Two situations need a closer look rather than arithmetic. If there were years in between when you were not resident here, the count turns on the old article 16.º rules and on your own registration record, so check it rather than assume. And if you registered late under the transitional route, the regime applies from the year of registration for whatever remains of the period, not from the year you arrived (article 236.º, n.os 4 and 5). Registering as a resident starts with a tax number, which our NIF guide covers.

Am I still a Portuguese tax resident?

Worth checking yearly, because everything above depends on it. You are resident in a given year if you spent more than 183 days in Portugal, consecutive or not, in any 12 month period beginning or ending in that year. You are also resident if, having spent less time here, you had a home available on any day of that period in conditions that suggest you intend to keep and occupy it as your habitual residence (article 16.º, n.º 1, a) and b)). A day counts if any part of it included a night spent in Portugal (n.º 2).

This page previously said 183 days within the tax year and a permanent home in Portugal on 31 December. Both were wrong, and both have been corrected here.

What happens when the ten years end?

You become an ordinary Portuguese resident, taxed on worldwide income on the general scale, which runs up to 48% at the top. Our guide to the 2026 income tax rates sets out the brackets, and capital gains tax in Portugal covers disposals, which is where the end of a regime usually hurts most.

The useful point is one of timing. A holder whose final year is next year has choices this year that will not exist afterwards, on when to realise a gain, when to draw a pension and where to be resident. Those choices are worth a conversation twelve months out, not in the June after the event.

What should a holder do now?

  • Confirm your registration and the first year of your period. If you cannot find the confirmation, we can check your record with the tax authority with you.
  • Test each foreign income stream against the conditions in article 81.º, n.os 4 and 5, rather than against the headline. That is where the unpleasant surprises live.
  • Compare the exemption with the credit election (n.º 8) in any year when foreign tax was heavy.
  • Diarise your final year now, and plan it twelve months ahead.
  • Keep filing. The annual return runs from 1 April to 30 June, with payment by 31 August. Our Portuguese language guide, IRS para residentes estrangeiros, walks through the return itself.

If you are not a holder but the person arriving now, the comparison you want is IFICI versus NHR. Either way, we look at the dates and the documents before saying anything definite, and we send a written proposal by email after the first assessment: get in touch.

Written by OnCorporate Editorial Team. Tax review by Luiz Augusto Teixeira de Freitas, Director: in progress. Applies to tax year 2026, Portugal. Last substantively reviewed 20 October 2026.

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The information on this website is general in nature and does not constitute personalized tax or legal advice.