Usucapio (adverse possession), from the Latin usucapio: “to acquire by use”, is a form of acquisition of the property rights in function of having used or occupied a property continuously and unquestionably as if the holder were the real owner. In English Common Law, the equivalent of usucapio is commonly referred to as “adverse possession”. Continue reading
There are almost 4 million demands for Municipal Tax on Real Estate (“IMI”) being issued this year. Nearly one million property rates fall below €100. This annual tax is levied based on the rateable value of real estate. In the case of urban property, the rate is set by local authorities in a range between 0,3% to 0,45%. It is also up to the municipalities whether or not to grant a tax discount to families with dependents: €20 when there is one dependent, €40 when there are two and €70 when there are three or more dependents.
With the deadline rapidly approaching, only one-in-ten Portuguese companies have reported their beneficial owners. Late reporting incurs a charge of €35. Fines for non-compliance can range between €1,000 and €50,000. The Beneficial Owner Registry is to have three levels: a basic version open for consultation by the general public, another for the companies and their representatives, and a third for law enforcement authorities.
The initial implementation of the Beneficial Owners Registry has been postponed from April 30th until June 30th. This legislation requires the declaration of a company’s beneficial ownership data which will be shared between jurisdictions as part of the Common Reporting Standard. In the future, this information must be kept up-to-date on an annual basis.
The Government has created an innovative solution, which it calls the Right to Lifetime Housing, which allows families to live in a property all their lives, without actually buying it. The plan begins with the payment of a deposit (a kind of down payment), which is held by the owner. In this scheme, the resident (who cannot be called a “tenant”) pays a monthly instalment (which cannot be referred to as “rent”). The owner receives the monthly income and “consumes” a portion of the initial deposit. In this model, without formally selling the property, the property rights remain limited, since only the resident can suspend the contract and vacate the dwelling.
The Government is studying a new requirement for Local Lodging that would mandate higher condominium levies for owners who engage in holiday lets. If adopted, it would collide with another bill where the condominiums would be given the power to authorise, on a case-by-case basis, the possibility of owners renting short-term to tourists. The latter proposal was made in absentia and without the governmental consent.