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New changes to housing tax: IMT, rental and tenanted housing apartments. A guide to making use of the changes.

New changes to housing tax: IMT, rental and tenanted housing apartments. A guide to making use of the changes.

on the sale of a family's own permanent residence. Now, for the exemption, according to a piece of legislation published on October 6, the property being sold must have constituted the family's principal residence for the last 24 months before the sale. In addition, the regime must not have been used in the last four years, except in exceptional cases.

Temporary rule

  • The proceeds from the sale of non-residential real estate (such as a second home) or land for construction completed between January 1, 2022 and December 31, 2024 are also exempt from taxation. But such tax benefits can only be utilized if the seller meets certain requirements. First, the repayment of the loan under the''The home to be sold must be completed no later than 3 months after the date of foreclosure. In addition, the proceeds from the sale must be invested to pay for a loan for permanent housing for yourself or family members.

Reduction in rental tax rates

The Mais Habitação program also introduced a system of progressively decreasing tax rates depending on the length of rental contracts. For example, for contracts of less than five years, the special rate is reduced to 25%. For contracts lasting between five and ten years, the rate is reduced by 10% to 15%. In addition, there is an additional reduction in the tax rate by 2 percentage points for each subsequent extension of the lease for the same term. For agreements''leases with a term of 10 to 20 years provide for a 15 percentage point reduction in the tax rate, resulting in a tax rate of 10%. And for contracts of more than 20 years, as well as for lifetime housing contracts (as a result of a long-term right to use the housing), the monthly payment will be reduced by 20 percentage points.

It is worth remembering, however, that interrupting contracts before the end of the term will result in the loss of tax relief from the start of the contract or its renewal. In such cases, the owner will be liable to repay the difference between the amount paid and the amount that would have been owed without the relief, including interest.

Rent: changes to new contracts

Another change concerns the amount landlords can charge tenants.''Under the new measures under Mais Habitação, the first rent under a new lease for residential purposes cannot exceed by more than 2% the last rent charged for the same property.

Changes in the real estate purchase tax (IMT) and real estate tax (IMI)

In respect of IMT, it has been decided that the exemption from this tax on the purchase of property for resale will only apply for one year, instead of three years as previously. In respect of IMI, it has been decided to increase the rate on the tax for vacant buildings, demolished buildings and land suitable for residential buildings in urban pressure zones.

Forced rental

One of the most criticized measures has been the introduction of compulsory renting of empty housing.''The measure applies to independent properties classified as vacant for more than two years, except those located inland.

Recommended real estate
At the end of the two-year period, municipalities are required to notify owners to carry out the necessary works to utilize the dwelling or place it on the rental market. The proposed rent in such cases may not exceed 30% of the price ceilings for the typology and location. In case of refusal or lack of response, the authorities may proceed to compulsory renting. The legislation also does not apply to autonomous regions.

Changes to rented housing

This was also one of the polemic measures,''announced in the government's package, as well as one of the country's president's justifications for rejecting the document, emphasizing the "importance" of this sector "for the economy, tourism and society in general". Now the changes introduced by Mais Habitação indicate the suspension of the issuance of new registrations for autonomous units in buildings under the Alojamento Local program. The exception is the territories of the interior and autonomous regions. In the same spirit, Alojamento Local registrations have a validity period of only 5 years, with the possibility of subsequent renewal for equal periods starting from the date of authorization to open public access. There is also a new contribution applicable to apartments and hotels that are part of autonomous building units. The taxable base is calculated on''based on economic performance and urban construction pressure. In addition, the registration number of the accommodation facility is replaced by a personal and non-transferable. And holders of such registration need to confirm support for the activities of the national platform Alojamento Local (RNAL), otherwise the registration will be canceled. In addition, there are tax benefits for those who give up Alojamento Local in favor of renting.

The ordinance now provides a temporary exemption from personal income tax and income tax for leases aimed at own and permanent residence that result from the subsequent use of property previously used''in Alojamento Local.

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