The rule
What changed
Article 6 of Decreto-Lei n.º 97/2026 of 20 May added n.º 10 to Article 17 of the IMT Code. The text is blunt:
«a taxa é sempre de 7,5 % na aquisição de prédio urbano ou de fração autónoma de prédio urbano destinado exclusivamente a habitação, não se aplicando qualquer isenção ou redução, sempre que o adquirente seja não residente»
Three things matter in it:
«sempre» (always)
No bands. A single rate on the full value.
«exclusively for housing»
Commercial, services and industrial property are not covered.
«no exemption or reduction applies»
That includes IMT Jovem. A 30-year-old non-resident pays the flat rate, not Tabela II.
In practice
What it costs in practice
The flat rate compared with the normal permanent-home rates (Tabela I of Ofício Circulado n.º 40129/2026). Mainland.
| Purchase price | IMT at the non-resident rate | IMT at normal rates | Difference |
|---|---|---|---|
| €100,000 | IMT at the non-resident rate€7,500.00 | IMT at normal rates€0 | Difference€7,500.00 |
| €150,000 | IMT at the non-resident rate€11,250.00 | IMT at normal rates€1,008.98 | Difference€10,241.02 |
| €250,000 | IMT at the non-resident rate€18,750.00 | IMT at normal rates€7,042.04 | Difference€11,707.96 |
| €400,000 | IMT at the non-resident rate€30,000.00 | IMT at normal rates€18,236.65 | Difference€11,763.35 |
| €500,000 | IMT at the non-resident rate€37,500.00 | IMT at normal rates€26,236.65 | Difference€11,263.35 |
| €1,150,854 and above | IMT at the non-resident rate€86,314.05 | IMT at normal rates€86,314.05 | Difference€0 |
The rule is regressive
On a €100,000 property a resident pays no IMT at all (€0) and a non-resident pays €7,500.00 — the entire tax is the surcharge. As the price rises, the relative gap narrows.
Above €1,150,853 the surcharge disappears. That is where the normal top rate also reaches 7.5%. A non-resident buying above that pays exactly what a resident pays.
Who is carved out
The three exceptions
N.º 10 expressly carves out three situations:
a) Already being Portuguese tax resident
Under Article 16 of the IRS Code at the date of acquisition.
b) Becoming tax resident within two years
Of the acquisition date.
c) Letting the property for housing
At a monthly rent within the limits of Article 2 nos. 2–3 of DL 97/2026, within six months of acquisition, and keeping it let for at least 36 months — consecutive or not — during the first five years.
The refund
How the refund works
This is the part rarely explained.
For cases (b) and (c), n.º 11 provides that the tax authority annuls, on the applicant's request, the difference between the tax paid and what the normal Article 17 n.º 1 rates would have produced.
N.º 12 sets the deadline: the application must be filed within six months of the date the buyer becomes resident, or the lease is signed.
What the law does in practice
A refundable deposit, not a permanent cost
For anyone intending to move to Portugal, the 7.5% works as a refundable deposit, not a permanent cost — provided the application is filed in time.
It is not automatic. The application has to be filed, in time, with the competent AT services. A buyer who does not apply gets nothing back.
Before you sign
What to check before buying
1
Confirm your tax status at the date of the deed. Tax residence is defined by Article 16 of the IRS Code — not by nationality or by where you have an address.
2
If you intend to move, know the clocks. Two years to become resident, then six months to apply for the refund.
3
If you intend to let, check the rent limits in Article 2 nos. 2–3 of DL 97/2026, and the timing obligations (let within six months, 36 months across the first five years).
4
Budget the full amount at completion, not the net figure. Even where it is reclaimable, the whole sum is due at the deed.
Questions
Frequently asked questions
- Does the rate apply to any property?
- No. Only to urban property or an autonomous fraction used exclusively for housing. Commercial, services and industrial property follow the general rates.
- I am a non-resident under 35. Do I get IMT Jovem?
- No. N.º 10 expressly excludes any exemption or reduction.
- Can I get the money back if I move to Portugal?
- Yes, if you become tax resident within two years and apply to AT within the following six months. AT annuls the difference between the tax paid and what the normal rates would have given.
- What if I am buying to let?
- There is an exception where the property is let for housing within the DL 97/2026 rent limits, within six months, and kept let for 36 months across the first five years.
- Is the refund automatic?
- No. It depends on an application filed within six months.
- Since when does it apply?
- Since DL 97/2026 came into force in May 2026. Article 18 of that decree defers other regimes to 1 September 2026, but not the IMT Code amendment.
Calculator
Work out your own figure
The calculator shows the amount due and the potentially reclaimable part.
Open the calculatorSources: Article 17, nos. 10 to 12 of the Portuguese IMT Code, as amended by Article 6 of Decreto-Lei n.º 97/2026 of 20 May. Normal rates from Ofício Circulado n.º 40129/2026 of the Portuguese tax authority, 6 January 2026. This guide is informational and does not constitute tax advice. Confirm your position with a lawyer or certified accountant.
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