As of late 2023, Portugal has declared the termination of two of its most significant residency and tax programs, the Non-Habitual Residency (NHR) and the Golden Visa. This decision signifies a major shift in Portugal’s immigration and taxation policy, which has been a magnet for expatriates and investors worldwide.

In this article, I’ll delve into the essence of these programs, the rationale behind their discontinuation, and the potential aftermath on Portugal’s socio-economic landscape.

The NHR and Golden Visa Programmes: A Brief Recap

The NHR programme was an appealing tax regime for expatriates, offering reduced tax rates on foreign income for a decade. On the other hand, the Golden Visa programme provided a pathway to residency through investments, predominantly in real estate, with a notable option of family inclusion.

Catalysts for Change

The termination of these programs comes as a response to mounting housing affordability issues and an inflated real estate market. The Golden Visa, particularly, exacerbated property prices in urban hubs like Lisbon and Porto, creating a ripple effect of housing unaffordability for locals​​. Moreover, the NHR program faced criticism for fostering a biased inflation in the housing market, making it unsustainable​. The termination of these schemes aligns with a broader objective to alleviate the housing crisis and curtail real estate speculation​.

Who Benefited?

The main direct beneficiaries of these programs were expatriates, investors, and their families. The NHR programme enticed individuals seeking tax efficiencies, while the Golden Visa appealed to those eyeing residency through investment, often in real estate​.

The Impact on Portugal and Immigration

The real estate sector experienced a surge due to these programmes, with a notable increase in property values and construction projects, particularly in urban areas. This surge not only revitalized certain neighborhoods but also boosted the economy through job creation and foreign capital influx​.

However, these benefits came at a cost. The rising property prices made housing less affordable for local residents, and cities experienced overcrowding, leading to concerns about the quality of life for residents. The political scrutiny and the public’s growing discontent were reflective of these challenges, prompting a re-evaluation of these programmes.

Forward Outlook

The termination of these programs may initially deter many expatriates and investors. However, it also opens a window for policy reform that could lead to more sustainable and inclusive growth. As Portugal navigates through these changes, the nation’s approach towards foreign investment and expatriate taxation will be keenly observed by stakeholders both within and outside its borders.

The unfolding scenario presents a blend of challenges and opportunities. It signifies Portugal’s stride towards addressing long-term socio-economic issues while also redefining its stance on immigration and foreign investment. As we monitor these developments, the broader implications on Portugal’s international allure and its socio-economic dynamics will be of paramount interest.

I’m skeptical about this being a good move, given how much Portugal has benefited from the NHR and Golden Visa programmes over the past decade. One might think that it’s only “rich expats” that benefitted by lowering their tax bill, but it’s also important to consider that the influx of talented foreign workers and highly qualified people and their families also served to raise the cultural level of the country. This resulted in the opening of modern schools, restaurants, coworking spaces, etc. either to cater for the new demand, or as ideas implemented by these expats.

The housing market will take a hit as a result, but I think that a huge percentage of those who would have previously considered moving to Portugal and investing in the country will now move elsewhere or stay put in their own countries. At the end of the day, this is another poorly-thought-out populist move that results in Portugal taking a gamble on its future. Time will tell whether the gamble pays off or not.

These developments also provide a golden opportunity for other European countries to capitalise on the unmet demand that is the result of the end of the NHR programme in Portugal. Italy and Greece, for example, offer a similar lifestyle to Portugal (if not better) and have their own NHR programmes in place, so they could ramp up their efforts to attract the expats that are now looking for an alternative fiscal residency to Portugal.

Madrid is one of my favorite cities in the world, and I always love to visit and explore it from different angles, mostly depending on whom I’m visiting with.

Here are some ideas for a 3-day visit.

First of all, how to get to Madrid. If you’re in Barcelona or one of the major Spanish cities, I would recommend taking a high-speed train. There are several companies operating high-speed trains, for example, you can get to Madrid from Barcelona in just 2.5 hours.

I typically use Omio to find all the options, then select which one I like best. I consider the time, cost, and type of seating. When traveling alone, I like to use AVE’s silent carriages, while when with family I prioritize seating around a table for 4 people. All of the train options allow you to take a foldable bike, so taking my Brompton with me is not an issue. I always take it when I’m traveling alone as that’s my favorite way of exploring a city.

If it’s your first time in Madrid, a good idea to familiarise with yourself with the city is to take a free walking tour or buy a ticket to the hop-on hop-off buses, which have two routes that show you the main parts of the city in comfort. With the hop-on hop-off buses you get the extra benefit of not needing transport, since the buses are likely to include stops at most attractions you’ll want to visit.

If you’re a football fan, then a visit to the Real Madrid and Atletico Madrid stadiums can easily take up one day.

For art and culture, I recommend grabbing an Art Walk ticket for the three main art museums you can find in Madrid: Museo del Prado + Museo Reina Sofía + Museo Thyssen. These three take up at least one whole day.

In the evenings, watching a flamenco show is a great option. I skip the dinner options and eat elsewhere, so I can focus on the show itself. Flamenco is quite intense, so it just doesn’t feel right to me to be eating while watching such a show. A drink, on the other hand, pairs perfectly well.

These are the best locations to watch flamenco:

• Cardamomo
• Tablao Flamenco 1911

As for restaurants, here are some recommendations:

• Taberna El Sur
• Restaurante Cebo

With its strategic location in Central Europe, robust economy, and attractive tax environment, Hungary has become an increasingly popular choice for business incorporation. However, like any business decision, setting up a company in Hungary comes with its unique set of challenges and opportunities. This article offers an in-depth exploration of the process, pros and cons, and some anecdotal experiences from those whose setup didn’t work out as expected.

Advantages of Incorporating in Hungary

Favorable Corporate Tax Rates

Undoubtedly, one of the most enticing benefits of incorporating in Hungary is its low corporate tax rate. Businesses enjoy a flat corporate tax rate of just 9%, the lowest in the European Union. This low tax rate provides a substantial boost to profitability and makes Hungary a financially appealing choice for business incorporation.

Strategic Location

Situated in the heart of Central Europe, Hungary provides easy access to major European markets. Its extensive road, rail, and air transport networks enable easy movement of goods and services, making it a logistical hub for companies intending to do business across the European continent.

Skilled Workforce

Hungary boasts a highly skilled and educated workforce. With a strong emphasis on science, technology, engineering, and math (STEM) education, businesses in tech-driven sectors can leverage a rich talent pool. Moreover, English proficiency is relatively high, especially among younger professionals, facilitating communication for international businesses.

Ease of Business Incorporation

The process of incorporating a company in Hungary is relatively straightforward and fast. It is possible to establish a business entity within a few days, and the minimum capital requirement for a limited liability company (Kft) is just HUF 3 million (approximately €8,500).

Challenges of Incorporating in Hungary

While Hungary presents several benefits, potential investors should also consider the following challenges.

Bureaucracy

Despite recent efforts to simplify processes, business owners often report that bureaucratic hurdles are a significant challenge in Hungary. Navigating the intricate web of administrative procedures can be time-consuming and may require local expertise.

Changing Regulatory Landscape

The Hungarian regulatory landscape can be dynamic, with frequent changes in business and tax laws. While these changes are often aimed at improving the business environment, they can cause uncertainty and require businesses to be agile and adaptive.

Language Barrier

While English proficiency is increasing, Hungarian is the dominant language in business dealings, especially outside of Budapest. This language barrier could pose difficulties in operations and negotiations.

Alternatives to Hungary

While Hungary presents attractive benefits for business incorporation, there are several other options within Europe that may better serve the needs of different businesses depending on various factors such as taxation, ease of doing business, market size, and industry specialization. Here are three such alternatives:

Ireland

Ireland offers a corporate tax rate of 12.5%, which is competitive within the EU. The nation boasts a strong talent pool, especially in tech and pharmaceutical sectors, and has a business-friendly environment. Ireland’s robust legal system, which is based on common law, is also familiar to many international businesses. However, the cost of living, particularly in Dublin, can be high, which may influence operational costs.

Estonia

Estonia has a unique corporate tax structure where corporate income tax is charged only on distributed profits. This can be advantageous for businesses looking to reinvest their profits. Furthermore, Estonia is known for its digital government services, including the e-residency program which allows international entrepreneurs to establish and manage an EU-based company online. Estonia, however, has a relatively small domestic market.

The Netherlands

The Netherlands is renowned for its strong infrastructure, strategic location, and high proficiency in English, making it an appealing choice for international businesses. It has a broad network of double taxation treaties and offers a wide range of subsidies and tax incentives, particularly for innovative businesses and R&D activities. The Dutch corporate tax rate is higher compared to Hungary, but the extensive network of tax treaties could make cross-border business operations more tax-efficient.

These alternatives, each with their unique blend of benefits, can serve as potentially more favorable options to Hungary depending on the specific needs and objectives of your business.

The Netherlands, with its robust economy, favorable business environment, and strategic location in the heart of Europe, has long been a preferred choice for multinational corporations.

A key part of this appeal is the Netherlands’ tax framework, which offers a number of advantages for businesses, particularly those engaged in international operations. In this article, we’ll delve into the ways the Netherlands is used in various tax strategies and provide detailed examples of its implementation.

The Dutch Tax Environment

Before we dive into the strategies, let’s first understand the tax environment in the Netherlands. The Dutch tax system provides several advantages for businesses, including:

• Corporate Tax: The corporate tax rate in the Netherlands is 15% for profits up to €245,000, and 25% for profits exceeding that amount.
• Tax Treaties: The Netherlands has an extensive network of double taxation treaties with more than 100 countries. These treaties help prevent businesses from being taxed on the same income in multiple countries, making cross-border operations more tax-efficient.
• Participation Exemption: The Netherlands provides a participation exemption that makes dividends and capital gains from qualifying subsidiaries tax-exempt.
• Innovation Box: The Dutch Innovation Box regime provides an effective 9% corporate tax rate on profits derived from innovative activities, such as patented technology or software development.
• Fiscal Unity: The fiscal unity regime allows a parent company and its qualifying Dutch subsidiaries to be treated as a single entity for corporate tax purposes, providing tax consolidation benefits.

Using the Netherlands in Global Tax Strategies

The following are ways in which companies incorporate the Netherlands into their global tax strategies, with detailed examples for each.

1. Using Dutch Holding Companies to Minimize Withholding Taxes

One of the primary reasons multinational corporations set up holding companies in the Netherlands is to reduce withholding taxes on dividends, interest, and royalties. The extensive network of tax treaties in the Netherlands, coupled with the EU Parent-Subsidiary Directive and EU Interest and Royalties Directive, can often result in reduced or even eliminated withholding taxes.

Example: Let’s assume a U.S.-based corporation has a subsidiary in India. The Indian subsidiary makes a profit and wants to distribute dividends to the U.S. parent company. However, India’s withholding tax on dividends is 20%. To mitigate this, the U.S. corporation sets up a Dutch holding company. The dividends are first paid to the Dutch holding company, where, due to the tax treaty between India and the Netherlands, the withholding tax is reduced to 5%. The dividends are then distributed to the U.S. parent company without further withholding tax due to the tax treaty between the U.S. and the Netherlands.

2. Exploiting the Participation Exemption for Tax-Free Profits

Dutch tax law provides a participation exemption, which means that dividends received from qualifying subsidiaries and capital gains from the sale of these subsidiaries are not subject to corporate tax in the Netherlands. This exemption makes the Netherlands an attractive jurisdiction for holding companies.

Example: A multinational corporation based in the Netherlands owns 100% of the shares in a Brazilian subsidiary. When the Brazilian subsidiary makes a profit and distributes it as dividends to the Dutch parent company, these dividends are not subject to corporate tax in the Netherlands due to the participation exemption.

3. Utilizing the Innovation Box for Reduced Taxes on R&D Profits

The Dutch Innovation Box provides an effective 9% corporate tax rate on profits derived from innovative activities. This can result in significant tax savings for companies engaged in research and development.

Example: A tech company based in the Netherlands develops a patented technology. The income generated from this technology is eligible for the Innovation Box regime, meaning the income is taxed at an effective rate of 9% instead of the standard corporate tax rate of 25%.

4. Leveraging Fiscal Unity to Offset Profits and Losses

The fiscal unity regime in the Netherlands allows a parent company and its qualifying Dutch subsidiaries to be treated as a single entity for corporate tax purposes. This can be particularly beneficial when a company has multiple Dutch entities with varying financial performance.

Example: A Dutch parent company owns two Dutch subsidiaries, one of which makes a profit of €500,000, and the other incurs a loss of €200,000 in a given year. Through the fiscal unity regime, the parent company can offset the profit of one subsidiary with the loss of the other, resulting in a taxable income of €300,000 for that year. This tax consolidation benefit allows businesses to effectively manage their tax liability across multiple entities.

5. Structuring Financing Operations Through a Dutch Financing Company

Dutch tax law and its extensive treaty network also make the Netherlands an attractive location for multinational groups to set up their intra-group financing companies. The use of a Dutch finance company can often result in a tax-efficient way of financing group operations.

Example: A US-based parent company sets up a Dutch finance company to borrow funds from lenders and then on-lend those funds to group companies located in various countries. The interest expense paid by the Dutch finance company to the lenders can often be offset against the interest income received from the group companies, resulting in minimal net taxable income in the Netherlands. Furthermore, the Dutch tax treaty network and EU Directives can often reduce or eliminate withholding taxes on interest payments to the Dutch finance company.

With its strong economic performance, low corporate tax rates, and favorable business environment, Ireland has emerged as a leading destination for entrepreneurs looking to incorporate their businesses. But like any decision of this magnitude, incorporating a company in Ireland has both pros and cons. This article will provide an in-depth look at what it means to properly establish a company in Ireland, and how to avoid complications with your country of residence claiming the effective place of management is elsewhere.

Advantages of Incorporating in Ireland

Low Corporate Tax Rates

One of the most significant benefits of incorporating in Ireland is the low corporate tax rate. The corporate tax rate is just 12.5%, which is among the lowest in the European Union. For businesses in the knowledge development box (KDB), such as those involved in patents and copyrighted software, an even lower rate of 6.25% applies. This favorable taxation makes Ireland an attractive destination for entrepreneurs and multinational corporations.

Membership in the European Union

Ireland’s EU membership provides businesses access to a large and diverse market. Incorporating a business in Ireland allows companies to trade freely with other EU member states, which opens up a vast market for goods and services. Furthermore, being an English-speaking country within the EU also provides a distinct advantage, particularly for businesses from English-speaking countries outside of Europe.

Skilled Workforce

Ireland boasts a highly skilled and educated workforce. According to the OECD, over half of 25-34-year olds in Ireland had a third-level degree in 2020. Particularly in the technology and pharmaceutical sectors, Irish professionals are highly sought after. This access to a skilled workforce makes Ireland an appealing destination for many businesses.

Business Friendly Environment

Ireland provides a pro-business environment, offering support to both domestic and international businesses. The country has a robust legal system based on common law, which is familiar to many international businesses. Moreover, agencies like IDA Ireland provide various forms of support to businesses looking to establish or expand in Ireland.

Disadvantages of Incorporating in Ireland

High Cost of Living and Operation

The cost of living in Ireland, particularly in Dublin, is high compared to other European countries. The cost of office space, utilities, and wages are relatively high, which could increase operational costs for businesses. For startups or small businesses, these costs might be significant.

Limited Domestic Market

While Ireland’s EU membership provides access to a large market, the domestic market in Ireland is relatively small due to its small population. This could limit the potential for growth for businesses whose products or services are more niche and not easily exportable.

Changing Tax Landscape

Although Ireland’s corporate tax rate is attractive, the global landscape around taxation is changing. Under pressure from larger economies and international bodies, Ireland may need to adjust its tax policies in the future, introducing some degree of uncertainty for businesses.

Establishing Proper Management in Ireland

For companies incorporated in Ireland but managed from another country, the issue of “management and control” becomes critical. Most countries follow the principle that a company is tax-resident where it is managed and controlled, not necessarily where it is incorporated.

To ensure that your company is considered tax-resident in Ireland, you need to demonstrate that its central management and control are in Ireland. This means that the key strategic decisions about the business should be made in Ireland. Here are some factors to consider:

Board of Directors

The board of directors should predominantly be located in Ireland, and board meetings should be held in Ireland. During these meetings, critical decisions regarding the company should be made.

Strategic Decisions

The strategic decisions of the company should not only be made in Ireland but also seen to be implemented from Ireland. This includes decisions on business strategy, financial planning, and contracts with significant business partners.

Records and Documentation

Proper records and documentation should be maintained to demonstrate that management and control are indeed located in Ireland. These include minutes of board meetings, strategic plans, and other documentation showing that key decisions were made in Ireland.

Physical Presence

Having a substantial physical presence, such as an office and staff in Ireland, can help reinforce the fact that the company is managed from Ireland. The more significant the operations in Ireland, the stronger the argument that the company is indeed Irish for tax purposes.

Alternatives to Incorporating in Ireland

While Ireland offers many advantages for incorporating a business, there are several other EU countries that also provide compelling incentives, especially those with lower taxation.

Bulgaria

Bulgaria has the lowest corporate tax rate in the EU at only 10%. The process of incorporating a business is straightforward, and the minimum capital requirement is low. However, the language barrier and the country’s relatively recent history of corruption might pose challenges for foreign investors.

Hungary

Hungary is another EU country with a low corporate tax rate at just 9%. Its central location in Europe, coupled with a highly skilled workforce and a business-friendly environment, make Hungary a good option for incorporating a business. One potential downside is that while the corporate tax is low, other taxes and social security contributions can be high.

Cyprus

Cyprus offers a corporate tax rate of 12.5%, similar to Ireland. Its robust legal framework, based on English Common Law, and strong network of double taxation treaties make Cyprus a popular choice for international businesses. However, the 2013 banking crisis may still raise some concerns among potential investors.

Malta

Malta, with its comprehensive tax system, offers an effective corporate tax rate as low as 5% through refunds. The island nation is particularly attractive for certain sectors like iGaming, fintech, and blockchain, thanks to its progressive regulations. However, Malta has come under scrutiny over its financial regulations and the fight against money laundering, which could lead to increased regulatory compliance measures.

While these countries offer lower tax rates than Ireland, it is crucial to understand that corporate tax is just one factor to consider when deciding where to incorporate a business. Other factors, such as political stability, economic environment, infrastructure, and availability of skilled labor, are also significant.

Should You Incorporate in Ireland?

To conclude, incorporating a company in Ireland offers numerous benefits, including low corporate tax rates, a skilled workforce, and access to a large market through EU membership. However, potential disadvantages, such as high operating costs and a limited domestic market, should be considered.

Furthermore, to avoid challenges from your personal residence country claiming the effective place of management is elsewhere, you should establish proper management and control in Ireland. This involves ensuring that strategic decisions are made and implemented in Ireland, maintaining proper records, and establishing a substantial physical presence in the country.

Always conduct thorough research and seek professional advice to ensure you make an informed choice when incorporating a company in Ireland or elsewhere.