Anyone searching for information about the new IMT for non-residents in Portugal quickly finds contradictory answers.
Some articles state that the new 7.5% rate took effect in May 2026. Others insist it only applies to deeds signed from 1 September 2026.
So, who is right?
In this article, we explain why this divergence exists and what Decree-Law No. 97/2026 actually says.
Why is there confusion about the IMT for non-residents?
The source of the doubt lies in the difference between two legal concepts that are often confused:
- Entry into force of the law
- Production of effects of its provisions
Although they may seem like synonyms, they are not.
A law can enter into force on a given date and provide that some of its provisions only take effect months later.
It is precisely this distinction that lies at the root of the different interpretations.
Decree-Law No. 97/2026 took effect in May
The decree was published on 20 May 2026 and took effect on 25 May 2026, just 5 days later.
So far, there is no controversy.
The doubt arises when analysing the article on production of effects.
Was IMT postponed to September?
Article 18 of the decree identifies several measures that only take effect on 1 September 2026.
However, the amendments to the IMT Code regarding non-resident buyers do not appear expressly in that list.
It is precisely this detail that gave rise to different interpretations.
Interpretation A — application from May
Some legal experts argue that, since the legislator did not expressly postpone the IMT amendments, they take effect from the entry into force of the decree (25 May 2026).
Under this reading, the new rate applies from May 2026, and any deed signed after that date is subject to the 7.5% rate.
Interpretation B — application only from September
Various real estate experts, press articles, and specialised platforms argue that the legislator’s intention was to apply the measure only from 1 September 2026.
This interpretation has been widely disseminated and is the one many market professionals have adopted, based on the principle that postponing the tax measures to September reflects a deliberate political choice.
Comparing the two interpretations
| Aspect | Interpretation A (May) | Interpretation B (September) |
|---|---|---|
| Legal basis | Literal reading of Article 18 | Legislator’s intent |
| Application date | 25 May 2026 | 1 September 2026 |
| Who defends it | Specialised legal experts | Real estate sector and press |
| Risk for the buyer | Paying less IMT and being charged later | Paying more IMT with no right to refund |
Why is it important to clarify this question?
The answer can represent thousands or even tens of thousands of euros for anyone buying property in Portugal.
Those who signed a deed between May and September 2026 will want to know which regime actually applies.
This is not merely an academic discussion. It has a direct financial impact on buyers, sellers, and investors.
Practical scenario: €300,000
| Interpretation | IMT payable | Difference |
|---|---|---|
| Tax resident | €11,606 | — |
| Non-resident (from May) | €22,500 | +€10,894 |
| Non-resident (from September) | €11,606 (if deed before September) | €0 |
Our recommendations
Until there is a fully unequivocal official clarification from the Tax Authority or a legislative amendment removing this ambiguity, we advise:
- Confirm which interpretation the Tax Authority is adopting at the time of your deed
- Seek specialised legal or tax advice before signing the deed
- Do not rely exclusively on articles or social media posts
- Use the IMT calculator to simulate both scenarios — check our IMT calculator with the “Non-Resident” option
Request your free simulation now and find out how much you can save on your mortgage.
Conclusion
When you find an article stating that the new IMT for non-residents “took effect in May”, know that this refers to the entry into force of the decree.
When you find another saying the measure only applies from 1 September, it is following a different interpretation of the production of effects of the amendment.
It is precisely this difference between entry into force and production of effects that explains why contradictory answers about the new IMT for non-residents continue to exist.
Until there is an official clarification, the prudent approach is to seek specialised advice and not assume which interpretation will apply to your specific case.
Frequently Asked Questions (FAQ)
Did the new IMT for non-residents take effect in May 2026?
Decree-Law No. 97/2026 took effect on 25 May 2026. The debate concerns the date on which the IMT amendments actually began to produce effects — whether from May or only from September.
Does the new rate only apply from 1 September?
That is one of the interpretations currently circulated by various experts and media outlets. However, other legal experts argue that the literal reading of the law points to an application from May 2026.
Why are there different interpretations?
Because Article 18 of DL 97/2026 expressly postpones some measures to September but does not explicitly mention the amendments to the IMT Code. This omission gave rise to the different readings of the decree.
What if I already bought a house between May and September?
We recommend consulting a lawyer or accountant specialised in tax law to assess your specific situation and, if necessary, prepare a request for a binding ruling from the Tax Authority.
Sources:
- Decree-Law No. 97/2026, of 20 May
- IMTcalc.pt — IMT for Non-Residents
- Portuguese Tax and Customs Authority — Portal das Finanças