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Must all siblings file a tax return in Portugal?

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Must all siblings file a tax return in Portugal?

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Old Jan 26th 2025 | 3:16 am
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Default Must all siblings file a tax return in Portugal?

Hope everyone's doing well on the forum,
If you jointly own property in Portugal with siblings, [caveat: we are EU citizens who only live, and only pay tax in the UK) and you never generate any income from that property, eg you and your family use it as a 2nd, or holiday residence only, are there any tax obligations at all in Portugal? Critically - can you simply not file a tax return, as long as no income is generated? Lastly, is there any threshold (as I think there is in the UK) of rental income below which you still don’t need to file a Portuguese tax return?

Turning to what happens if the property DOES generate rental income:
I assume in most, or all cases, all siblings would need to file a tax return in Portugal - but (as EU citizens) does anyone know what would happen if only one of the siblings wanted to generate rental income via directly renting the property on occasions, but the other siblings neither want or need, nor will accept, any part of the income generated? Is there any method (legal declaration, maybe) or arrangement with Portuguese tax office, whereby only the sibling who IS generating rental income (but by mutual agreement, not sharing any of that income with siblings) files a Portuguese tax return, whereas the (non-income sharing) siblings are released from the obligation to file a tax return in Portugal? In essence, are we legally obliged in Portugal to share out all / any rental income equally?
Thanks in advance if you have any knowledge or experience of similar, or can answer any part of the above.

Last edited by BBmatic; Jan 26th 2025 at 4:09 am.
 
Old Jan 28th 2025 | 12:49 am
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Default Re: Must all siblings file a tax return in Portugal?

Hi.

I can answer the most basic of those questions but no more, I'm afraid :
If you jointly own property in Portugal with siblings, [caveat: we are EU citizens who only live, and only pay tax in the UK) and you never generate any income from that property, eg you and your family use it as a 2nd, or holiday residence only, are there any tax obligations at all in Portugal? Critically - can you simply not file a tax return, as long as no income is generated?
Under that circumstance, the only tax obligation you would have is to pay the annual property tax.

Non-residents who do not derive any income in Portugal have no need or obligation whatsoever to file tax returns.

On this one :
...is there any threshold (as I think there is in the UK) of rental income below which you still don’t need to file a Portuguese tax return?​​​​​â� ��‹â€‹
I think not.

What is obligatory, as far as I'm aware, and on top of any other obligations regarding the licencing of the property itself, is to register the "activity" with the tax office and, under what would appear from what you've said to be the logical regime to opt for of the 2 available, tax would be calculated on 35% of any income generated.
 
Old Feb 1st 2025 | 4:20 am
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Default Re: Must all siblings file a tax return in Portugal?

Thanks for reply Red Eric; good to have clarity on at least one thing. The splitting of potential income (or not) is probably a non issue. We've considered selling, or renting out on a long term rental, or keeping as a private residence. The long-term rental option appeals to 2 siblings but not the 3rd. In previous times things like this could just ...carry on for decades sometimes without being resolved but in today's world, "doing nothing" doesn't feel realistic.

Last edited by BBmatic; Feb 1st 2025 at 5:44 am.
 

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