Key facts
| Tax basis | Residence-based |
|---|---|
| Tax year | 1 January to 31 December |
| Taxes citizens abroad | Not as a general rule |
| Residence tests recorded | 2 |
| Region | Europe |
How Portugal decides tax residence
Each test is recorded separately with its own ID. Meeting or missing one test does not settle residence on its own.
More than 183 days in any 12-month period
A person is resident if they stayed in Portugal more than 183 days, consecutive or not, in any 12-month period that starts or ends in the tax year. A day counts if it includes an overnight stay in Portugal, even if only part of the day is spent there.
Home kept as a habitual residence
A person who stayed for fewer days can still be resident if, on any day of the same 12-month period, they have housing in Portugal in conditions suggesting a current intention to keep and occupy it as their habitual residence. This test does not depend on a day count.
Arriving, leaving and part years
Under article 16.º of the IRS Code, a person who meets PT-RES-01 or PT-RES-02 becomes resident from the first day of presence in Portugal, unless they were resident on any day of the previous year, in which case residence runs from 1 January. Residence ends on the last day of presence, except in listed cases such as a person who stays more than 183 days in the year of departure and earns income after leaving that would be taxable in Portugal, who is treated as resident for the whole year.
Reporting duties to check
- IFICI registration. The IFICI regime applies a special 20% rate to net employment and business income from listed activities for up to 10 consecutive years, for people who become resident and were not resident in the five prior years; people who benefited from NHR are excluded. Registration is set by ministerial ordinance, and late registration means the rate applies only from the year of registration for the remaining period. Source
Social security
Within the EU, a person is covered by one country's social security system at a time, and which one depends on work situation and residence, not nationality. Check the EU coordination rules and any bilateral agreement for work involving non-EU countries.
Living base
EU citizens can move to Portugal under EU free movement rules, with permanent residence after a continuous 5-year period of legal residence. Others generally need a visa and a residence permit through the immigration authority. A residence permit does not decide tax residence, which follows article 16.º of the IRS Code.
How visas, permits and tax residence differ
Citizenship
Since Lei Orgânica n.º 1/2026 (published 18 May 2026, in force the next day), naturalisation by residence requires at least seven years of legal residence for nationals of Portuguese-speaking countries and EU citizens, and 10 years for other nationals, among other conditions; pending procedures at the date of entry into force follow the previous law. A person married for more than three years to a Portuguese national can acquire nationality by declaration. The Nationality Law addresses people with two or more nationalities, one of them Portuguese, and provides that only the Portuguese one is relevant under Portuguese law.
Questions to take to a professional
- How should my days in Portugal be counted for each 12-month period that starts or ends in the tax year?
- Could a home I keep in Portugal be treated as a habitual residence even if I spend fewer days there?
- On which day would my residence start or end, and does the whole-year exception for departure years apply to me?
- Does any transitional NHR rule still apply to my situation, or does it not apply at all?
- Do my activity and past residence history meet the IFICI conditions, and how is foreign-source income treated under it?
- If another country also treats me as resident, how does the relevant tax treaty tie-breaker apply?
- How do the 2026 nationality rules count my years of legal residence?
Official authorities
- Autoridade Tributária e Aduaneira (Portal das Finanças)
- Agência para a Integração, Migrações e Asilo (AIMA)
- Instituto dos Registos e do Notariado (nationality)
Sources
- Artigo 16.º Residência (Código do IRS)Primary law
- Artigo 58.º-A – Incentivo fiscal à investigação científica e inovação (Estatuto dos Benefícios Fiscais)Primary law
- Lei Orgânica n.º 1/2026, de 18 de maio (Diário da República, 1.ª série, n.º 95)Primary law
- Social security cover abroad - Your EuropeOfficial guidance
- Residence rights - Your EuropeOfficial guidance
Other countries in Europe
- Countries covered
- Portugal
- Sources
- 5 sources listed above
- Tax year
- Current rules as checked
- Review
- Not professionally reviewed
Sources checked November 8, 2026