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Financial section

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Mais Valias – Capital Gains Tax July 2006

It should be noted by property owners that neither the Finanças nor the association of accountants (APECA) regard fees and commissions charged by lawyers or estate agents on sale of residential property as deductible for the purpose of reducing a liability to a “mais valia” (capital gain). This is their “opinion” – the law states that only “necessary expenses” are deductible and they do not regard those items as “necessary”.

The refusal to allow real estate agents commission can make a substantial difference to the eventual tax payable. Quite how the Finanças expect a non resident owner to sell a property in Portugal without the assistance of a real estate agent and lawyer, thus regarding those sale expenses as “not necessary”, is beyond our imagination.

The only deductible expenses are those of IMT, Notarial and Registry expenses and any legitimate documented capital expenditure within the previous 5 years prior to sale.

Whilst every effort has been made to ensure that the details contained herein are correct and up-to-date, this information does not constitute legal or other professional advice. We do not accept any responsibility, legal or otherwise, for any error or omission.

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