Latest news and stories about inheritance in finance in Portugal for expats and residents.
The Central Administrative Court South has ruled that the sale of inherited properties before the estate is divided is subject to capital gains tax. This decision contradicts a previous stance by the Supreme Administrative Court, which generally exempted undivided inheritances from such taxation.
The Supreme Administrative Court has ruled against taxing capital gains from the sale of undivided inheritances under personal income tax, yet the Tax and Customs Authority continues to challenge this stance, creating ongoing fiscal uncertainty for taxpayers.
In Portugal, certain heirs, such as spouses and children, are protected by law as 'legitimate heirs' and cannot be easily disinherited. This guide explains the legal framework for inheritance, the concept of the 'legitimate portion' (legítima), the limited circumstances under which one can be disinherited, and the mechanisms available to challenge simulated sales or excessive donations that may infringe upon an heir's rights.
A new court ruling contradicts a previous decision by the Supreme Administrative Court and upholds the Tax Authority's interpretation regarding the taxation of capital gains from the sale of undivided inherited property.
Consultations are not mandatory, but those who want to request certificates may have to wait a month
The sale of a property received through inheritance is subject to personal income tax (IRS) when the asset itself is transferred, rather than the right to the inheritance or the hereditary share, clarifies the Tax and Customs Authority (AT) in a binding ruling published this Monday on the Finance Portal. The interpretation follows a request submitted...
Secretary of State Brandão de Brito explained that savings certificates will automatically be included in the inheritance of heirs when the holder of the savings certificates passes away.
