Key figures — as of 2026-09-09: Lei 9-A/2026's legislative authorisation runs 180 days from its 6 March 2026 publication — putting the deadline around early September 2026 — Decreto-Lei 97/2026 (published 20 May 2026) already created a flat 7.5% IMT rate for non-resident home buyers under a new Article 17.º(10) of the CIMT — Autoridade Tributária only issued clarifying guidance, Ofício Circulado 40131/2026, on 4 September 2026 — GrowIN's own calculation shows the surcharge can add roughly €10,000 to the transfer tax on a €400,000 home compared with what a resident would pay.
The deadline behind the headlines
Portugal's parliament didn't write the 7.5% non-resident property tax itself — it authorised the government to write it. The authorisation granted by Lei n.º 9-A/2026 lasts 180 days. The law was approved on 20 February 2026 and promulgated on 2 March 2026, then published in the Diário da República on 6 March. Count 180 days forward and the government's authority to issue further decrees under that specific mandate runs out around the start of September 2026 — which is exactly why Lisbon has spent the summer publishing clarifications, ministerial orders and tax-office circulars at a pace that has left lawyers, notaries and foreign buyers scrambling to keep up.
This matters because a "lei de autorização legislativa" isn't self-executing. It's a green light with an expiry stamp. Miss the window, and any unfinished piece of the reform needs a fresh authorisation from parliament — a politically awkward rerun nobody in government wants, especially with the housing package positioned as a signature policy.
What's already locked in — and what isn't
The government moved fast on the headline measure. Decree-Law 97/2026, of 20 May, implements the housing fiscal package authorised by Law 9-A/2026, combining a 7.5% IMT flat rate on residential property acquisitions by non-residents with a set of incentives tied to moderate-rent leasing. That single decree covers most of the headline-grabbing changes: the VAT cut on construction, the new moderate-rent leasing regimes, and the non-resident surcharge.
But "most" isn't "all." Most measures under the decree take effect on 1 September 2026, with some important exceptions — and several implementing details, including the procedures for the new rental investment contracts, were left to be spelled out by separate ministerial orders (portarias) rather than fixed in the decree itself. That's the fine print foreign buyers have been waiting on: not whether the 7.5% rate exists, but exactly how, when and to whom it applies.
The confusion showed up immediately in the market. Some advisory firms told clients non-resident buyers would pay the fixed 7.5% IMT rate from 25 May 2026, while other guides pointed to the flat rate entering into force on 1 September 2026. Both readings had a basis in the text — different provisions of the same decree carry different commencement dates — but for a buyer trying to time a purchase, that kind of ambiguity is exactly what a rushed regulatory timetable produces.
GrowIN's number: what 7.5% actually costs
Take a realistic example: a non-resident buying a €400,000 apartment. Under the ordinary resident scale — progressive bands running roughly 0–8%, with an effective rate typically landing near 5% at this price point — the transfer tax bill would be in the region of €20,000. Under the flat non-resident rate, the same purchase triggers €30,000 in IMT, calculated from the first euro with no allowances. That's an estimated €10,000 gap attributable purely to residency status — money that either sits with the Treasury or, for buyers who qualify for a refund route, gets tied up for months while paperwork clears. This is GrowIN Portugal's own calculation based on published rate structures, not an official Finanças figure, and actual effective rates vary by property value and municipality.
Married couples get a break — but it took months to confirm
Ofício Circulado n.º 40131/2026, issued on 4 September, interprets Decree-Law 97/2026 — nearly four months after the decree itself, and just before the authorisation clock runs out. Its main clarification: the surcharge only applies when both spouses are non-resident and neither has, at any prior point, been considered tax resident in Portugal. A couple where one partner already holds Portuguese tax residency can fall outside the 7.5% regime entirely on a jointly-owned property.
The decree also preserves two refund routes. A buyer who becomes tax resident in Portugal within two years of a purchase taxed at 7.5% can request cancellation of the overpaid tax and a refund of the difference. Alternatively, letting the property under a moderate-rent contract — rent capped near €2,300/month, signed within six months of purchase and maintained for at least 36 of the first 60 months — also recovers the difference. Neither route is instant; both require formal claims and ongoing compliance.
"A 180-day authorisation window doesn't leave much room for polish once you factor in ministerial orders, tax-office guidance and market questions nobody anticipated," is a fair summary of the position foreign buyers have found themselves in this year, according to GrowIN Portugal Editorial.
What to watch — and what buyers should do now
Anyone with a purchase in progress should get written confirmation from a notary or tax adviser on which commencement date applies to their specific transaction, rather than relying on the first news article they read. Couples where residency status differs should specifically check the spousal exception in the September circular before assuming the surcharge applies. And with the 180-day window closing, watch for any remaining portarias on rental investment contract procedures — if they slip past the deadline, expect either a rushed publication in the final days or a new authorisation request to parliament.
For background on how non-resident property tax fits into the wider NIF and tax-residency picture, see our tax & NIF hub. Outcomes on refunds and exemptions depend on Autoridade Tributária's case-by-case assessment — professional advice remains essential before signing anything.