Relocating from the UK involves a holistic analysis, including the types and sources of income, succession planning concerns, and even the willingness to meet the criteria for establishing tax residency in Portugal.

While it would be impossible to explore all these topics in a single article, we have chosen to focus on one area of particular interest to many individuals contemplating a move to Portugal: the taxation of trusts.

How is Trust Income Taxed in Portugal?

The Portuguese tax law does not explicitly regulate the contribution of cash or assets to trusts. The tax implications depend on various factors, including the residence of the trustee and beneficiaries, the location of the assets, and even the type of trust.

As a preliminary note, it is generally not advisable to transfer Portuguese assets, including real estate, into a foreign trust, as this may trigger unfavourable tax consequences. However, with careful planning, it is often possible to minimize the tax impact of setting up trusts in favour of beneficiaries.

In Portugal, income from foreign trusts is generally categorized as investment income and taxed at a standard rate of 28% (although there is an option to apply progressive rates instead, which, in most cases, is inefficient).

On the other hand, if the trust is domiciled in a jurisdiction on Portugal's extensive blacklist, a higher tax rate of 35% may apply.

The source of trust income is not explicitly defined in Portuguese law. However, the location of the trust’s effective management, which corresponds to the trustee's domicile, is treated as the relevant factor. The legal framework governing the trust and its tax treatment in its home jurisdiction may also hold significance in specific cases.

Tax Treatment of Trust Distributions

Trust distributions to a tax resident of Portugal are taxed differently depending on whether the recipient is the settlor or another beneficiary:

1 - For the Settlor:

    • Income received upon the termination, extinction, or revocation of a trust is treated as a capital gain.
    • The taxable gain is calculated as the difference between the proceeds and the settlor's original contribution to the trust.
    • This gain is subject to a 28% tax rate, or 35% if the trust is domiciled in a blacklisted jurisdiction.

2 - For Beneficiaries:

    • Distributions (cash or assets) are generally excluded from income tax.
    • Instead, they are treated as gratuitous transfers and may incur a 10% Stamp Duty if territorial criteria connecting the transaction to Portugal are met.
    • In practice, Stamp Duty often does not apply to distributions from foreign trusts with Portuguese resident beneficiaries due to the territorial limits of the tax.

This article is mainly for those who are considering becoming tax residents of Portugal in 2025. We did not include considerations regarding the taxation of trusts whenever the settlor or the beneficiary has a non-habitual resident status in Portugal for the simple reason that the grandfathering provisions will already be terminated.

However, the above might have an interesting twist once the so-called NHR 2.0 or “IFICI” is regulated.

This complexity of the framework outlined above highlights the importance of understanding the trust’s structure, domicile, and regulations to navigate Portuguese tax obligations effectively.

Take the next step!

In investment and immigration, having a knowledgeable and reliable local partner is invaluable.

NEWCO is your local partner in Portugal. We have 30+ years of experience and a versatile and multidisciplinary team that accommodates all your demands:

· Obtaining a NIF, bank account and residence permit

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· Tax consulting and tax advice

· Business setup and management

Contact us today!