In Portugal, when an individual dies, it is necessary to declare the death – that is, to inform the State that this individual has passed away. The death of a Portuguese citizen abroad must also be declared in Portugal.
What happens when someone dies in Portugal?
Burial or cremation takes place in Portugal usually within 72 hours of death or 48 hours after the post mortem examination. The law does not specify a timescale for repatriation, so the next of kin needs to give consent to the local funeral director, who will assist with the repatriation arrangements.
What happens if you die without a will in Portugal?
Portuguese inheritance law states that, if you do not have a Will, then when you die your properties will be shared among your heirs according to the law of your country of your residence.
Does Portugal have death duties?
Instead of inheritance or succession tax, Portugal charges a 10% ‘stamp duty’. This only applies to Portuguese assets – mostly real estate – passed on as an inheritance or lifetime gift, regardless of where the donor or beneficiary is resident.
Can you inherit debt in Portugal?
However, Portugal has laws in place that protect people from inheriting debts left by the deceased. There are several tax exemptions for those collecting an inheritance in Portugal. If you inherit stock dividends, social security allowances, personal goods, or credit from life insurance, they are all tax-free.
How do I register a death in Portugal?
Declare a death
- You can declare at the civil registry offices or at the IRN’s Registry Spaces.
- Free of charge.
- The registration is required and must be declared within 48 hours after the death.
How do I get a death certificate from Portugal?
The online certificate can be requested through the Civil Online website and can be consulted for six months.
The paper certificate can be requested:
- at the civil registry offices.
- at the Citizen Shops.
- at the IRN’s Registry Spaces.
Do I need a Portuguese will?
There is no legal requirement to draw up a will in Portugal; regardless of whether Portuguese laws or the laws of your home country apply to your estate. Therefore, if you want the laws of your home country to apply to your estate, you don’t really need a Portuguese will.
Can you disinherit your children in Portugal?
These relatives are always entitled part of the estate and cannot be disinherited, regardless of the wishes of the testator. The available and unavailable quotas vary depending on the number and nature of the heirs.
How much is capital gains tax in Portugal?
Capital gains tax in Portugal is charged on the sale of property or other assets at a rate of 28% for individuals and 25% for companies and non-residents.
Is there a gift tax in Portugal?
There is no inheritance or gift tax (see Question 7). However, the free transfer of assets (inheritance and gifts) located in Portugal is generally subject to a 10% stamp duty rate (if it is a real estate transfer 0.8% stamp duty is also due (Stamp Duty Code)).
Is a US will valid in Portugal?
Yes, it is possible to leave assets in Portugal using a foreign Will as Portuguese Law recognises Wills that are made abroad.
Do you pay CGT in Portugal?
There is a Capital Gains tax in place in Portugal on the sale of a property at a rate of 28% for individuals and 25% for companies (non-residents). If the money from a sale is re-invested then only 50% of the net taxable income will be subject to capital gains tax.