European wealthy clients moving to Portugal in the context of the Non-Habitual Resident (NHR) regime enjoy a favourable tax treatment for a period of ten years. Although this is interesting, they should make sure they have a comprehensive succession and estate planning solution in place while they are resident in Portugal but also afterwards when/if they decide to go back to their country of origin.
The situation - French Resident moving to Portugal
In this case study, we are looking at the specific example of a French resident planning to move to Portugal to benefit from the NHR regime. In addition to the general advantages of the NHR regime, the client is entitled to a range of further benefits when subscribing or co-subscribing our Portuguese compliant life insurance solution before moving to Portugal:
- No exit tax: no exit tax due upon transfer of residence to Portugal (i.e. art 167 bis CGI) for life insurance contracts
- Efficient succession planning: optimal wealth planning solution to pass the wealth to the next generation. May benefit from the French life insurance tax regime upon death of the policyholder(s)/life assured (applicable to the beneficiaries resident in France if the contract is signed before the age of 70, no inheritance tax but beneficiary tax due)
- Better net performance: Favourable tax regime on passive incomes generated within the life insurance contract (i.e. tax deferral). The client can therefore benefit from a better net performance of his portfolio
- Larger choice of investments: the insurance premium can be invested in a wide range of assets which are deposited with and managed by financial institutions/asset managers according to the investment strategy selected by the client
- Profit from the Luxembourg triangle of security: one of the strongest asset protection mechanisms in the European Union.
- Higher flexibility: surrenders are allowed, the contract can be pledged or used as collateral, the beneficiary clause can be modified during the lifetime of the contract.
- Benefit from impatriation regime: may benefit from the French “impatriation” tax regime upon transfer of residence back to France after 10 years or more
- Compliance: the solution complies with Portuguese legislation.
Main tax advantages of the Non-Habitual Resident regime (NHR)
|
NHR Regime with life insurance | NHR regime without life insurance |
Interests |
|
28% (domestic income) or 0% (foreign income) |
Dividends |
28% (domestic income) 0% (foreign income) |
|
Capital Gains |
28% or 0% (if taxable in the source country under the relevant treaty) |
|
Wealth Tax |
No wealth tax |
No wealth tax |
Gift and Inheritance Tax | 0% - no stamp duty tax |
10% - Portuguese assets Exemption for direct heirs (spouse, children or parents) |
Exit Tax |
No exit Tax |
Exit Tax |