Stamp Duty - Inheritance Tax

@canadaportugalvisa22,

1) As a child, you are exempted from paying stamp duty.

2) In the caderneta predial of a property, it is stated what % you own. This % is updated when the certificate of inheritance is submitted at the Tax Office. You have up to 3 months to do so, after the death has occurred.

3) The representative of the heirs (as a child it can be you) submits the identification of the deceased and the certificate of inheritance to the Tax Office. They have the identification of all the properties that belonged to the deceased. You must also deliver all bank statements of bank accounts where the deceased was a holder, statements at the date of death. If the deceased had other types of financial investments, such as shares, bonds, savings certificates (certificados de aforro e de tesouro), etc., you must also inform the Tax Office, through documents from the banks and other institutions.

It is the Tax Office that, based on all this information, issues a document (Imposto de Selo - Modelo 10) that you will have to deliver to the banks and other institutions, so that the assets are delivered / distributed to the heirs.

It is also the Tax Office that sends a letter to each of the heirs with the stamp duty to be paid. You will also receive a letter but you will not pay anything because you are exempt.

How to make a Inheritance Certificate in Portugal

https://www.expat.com/forum/viewtopic.p … 33#5127992

(Posts #10 & 11)

Thank you for the reply. I assume as a non-resident I can appoint a lawyer to do all of this on my behalf?

And in terms of bank accounts of the deceased, do I simply obtain control of them or do I need to open my own account at a bank in Portugal? Ideally I would like to move any funds to accounts outside of Portugal as I don’t have plans to live there in the near future. Is this also possible?

You can, as long as you give him a power of attorney with those competences.

As for bank accounts, I cannot tell you if it is possible to transfer funds outside of Portugal.

@canadaportugalvisa22,
1) As a child, you are exempted from paying stamp duty.

2) In the caderneta predial of a property, it is stated what % you own. This % is updated when the certificate of inheritance is submitted at the Tax Office. You have up to 3 months to do so, after the death has occurred.

3) The representative of the heirs (as a child it can be you) submits the identification of the deceased and the certificate of inheritance to the Tax Office. They have the identification of all the properties that belonged to the deceased. You must also deliver all bank statements of bank accounts where the deceased was a holder, statements at the date of death. If the deceased had other types of financial investments, such as shares, bonds, savings certificates (certificados de aforro e de tesouro), etc., you must also inform the Tax Office, through documents from the banks and other institutions.
It is the Tax Office that, based on all this information, issues a document (Imposto de Selo - Modelo 10) that you will have to deliver to the banks and other institutions, so that the assets are delivered / distributed to the heirs.

It is also the Tax Office that sends a letter to each of the heirs with the stamp duty to be paid. You will also receive a letter but you will not pay anything because you are exempt.


How to make a Inheritance Certificate in Portugal
https://www.expat.com/forum/viewtopic.p … 33#5127992
(Posts #10 & 11)
-@JohnnyPT

If there are three properties owned by the deceased and the heirs want to share/be on title for all three, is this simply communicated in documentation to the Tax Office?

Yes, each heir will have a % of each property. This is set by the AT Tax Office on the basis of the certificate of heirs' qualification.

Yes, each heir will have a % of each property. This is set by the AT Tax Office on the basis of the certificate of heirs' qualification.
-@JohnnyPT

Is there some sort of "Division of Assets" document that the Tax Office provides in this case? I have heard the term but unsure if it's related to an actual document or not.

Finally, if siblings are joint title holders, are property taxes divided and expected to be paid separately or are the properties still taxed as one entity and one of the title holders simply remits the full amount on their behalf?

Each heir has access to his properties in the portaldasfinancas website, through his NIF + password. You will then access each of your land registers there, where you have the % of your ownership for each one.

Each heir pays IMI tax on his properties according to the % he owns. Each heir receives a letter from the AT to the address indicated there, detailing the IMI for each property.

@JohnnyPT

I need to have a POA authenticated for this process. The Consulate said "we can authenticate the POA and recognize your signature in the document".

Any idea if this would make the document a 'documento autenticado' or 'documento autêntico'?