The guarantee is given by the Tax and Customs Authority (TA) in a clarification issued on its website.
In that clarification, the question, “I am a British citizen residing in Portugal and I have non-habitual resident status. After Brexit is there any embarrassment regarding the tax regime of non-habitual residents?”, TA replies: “No. After Brexit maintains the benefits arising from the tax regime of non-habitual residents.“
Still in the same clarification, the question, “I am British citizen with Portuguese NIF and I have my address (domicile fiscal) in Portugal, After Brexit I am going to transfer my residence to the United Kingdom (UK).” The TA states that: “Income that may be deemed to be obtained in Portugal as a resident of the UK shall be taxed in accordance with the general rules applicable to non-residents, the final rate and withholding tax being applied to the income obtained. After Brexit ceases to benefit from rules specifically applicable to residents of EU Member States (for example: (i) the option of resident taxation where income earned on Portuguese territory represents 90% of all income (ii) or option for the taxation of capital gains at the rate applicable to residents), without prejudice to the application of the rules contained in the Convention on the Avoidance of Double Taxation concluded between Portugal and the UK.”
The RNH since its inception has attracted many British citizens, mainly due to the benefits it brings to its holders, who, for a period of ten consecutive years, are entitled:
- The exemption of income obtained abroad, derived from pensions, dependent work, self-employment, capital, property income and capital gains, intellectual or industrial property; and
- The taxation of income obtained in Portugal at reduced rates in the case of carrying out activities of high added value.