Regimes for the application of capital gains have been in force since September 11th. Now there are new rules to benefit from the IRS exemption on capital gains in the sale of houses, since September 11th.

The new diploma allows you to buy and sell your own permanent home within a year, instead of two. Although it does not have retroactive effect, the regimes for the application of the capital gains exemption remain in force.

This new regime has been published in the Official Gazette, through Decree-Law No. 57/2024 and will facilitate the geographic movement of families.


This means that, depending on the closing of the sale, one of the following schemes can be applied: Until September 10, 2024: The scheme applies where the minimum period elapses between the sale of one´s own permanent home and the purchase of New property with the same end of 24 months. Only those who haven´t been able to access the IRS tax exemption on their respective capital gains for the sale of the house in the three previous years;
From September 11, 2024: The new tax regime applies where the period between the sale of your own permanent home and the purchase of a new home ends in 12 months. Therefore, you can use this regimen more than once, even if you have benefited from it.
In other words, the closing of the sale of the house will end up establishing the applicable legal framework, with an impact on the IRS declaration for the following year. Which means that anyone who sells the property before September 10th needs to have lived in it for at least two years to be exempt from IRS due to property gains, and anyone who sells the house after September 11th only needs to have lived there for just one year to benefit from the exemption.

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