Nuno Bravo • 22 de outubro de 2026
Construction at 6% VAT: How to Apply the New Reduced VAT Rate Without Running Risks with the Tax Authority

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Nuno Bravo

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22 de outubro de 2026

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The cost of construction contracts has been one of the biggest bottlenecks for real estate developers and promoters. Aiming to boost supply, the new Housing Package (Decree-Law no. 97/2026) introduced a major measure: Item 2.42 of List I attached to the VAT Code, which allows applying the reduced rate (6%) to construction or rehabilitation contracts.


However, dropping the tax from 23% to 6% on a project worth hundreds of thousands of euros is not automatic. The Tax Authority defined strict rules and red lines that, if crossed, force the developer to refund the tax with interest.


If you have projects in the pipeline, here is the roadmap to secure this savings safely:


1. Purpose and Value Limits


Your building or unit only qualifies for the 6% rate if it is allocated to one of two very specific purposes:

  • Sale for Primary Residence (Habitação Própria e Permanente - HPP): The final sale price cannot exceed the maximum value of the 2nd IMT bracket, which in 2026 is fixed at €660,982.
  • Residential Rental: The rent amount cannot exceed 2.5 times the Minimum Wage, which equates to a cap of €2,300 per month in 2026. (Note: If a single building contains both eligible residential apartments and commercial shops, the 6% rate only applies to the proportion of the contract corresponding to the eligible residential area. The remainder pays 23%.)


2. The Deadline Clock


Building with 6% VAT requires placing the property on the market quickly. From the moment the "start of use" document (documento de início de utilização) is issued by the Municipal Council, the clock starts ticking:

  • You have 24 months to execute the deed of sale or to bring the first lease agreement into force.
  • In the case of rental, a "retention period" applies: the property must be effectively rented for at least 36 months (consecutive or interpolated) during the first 5 years.


3. Who is at Fault if Rules Fail?



This is the concern that has most alarmed real estate promoters: What if I build at 6% and, in the end, sell the house to someone who turns it into Local Accommodation or a holiday home? The law surgically separated responsibilities:

  • Promoter's Fault: If you sell the property for more than €660,982, fail the 24-month deadline, or forget to explicitly state in the deed that the property was constructed under "Item 2.42.1". In these cases, the promoter must submit a replacement declaration and pay the State the VAT difference (from 6% to 23%), plus heavy compensatory interest.
  • Buyer's Fault: If the promoter complies with price caps and inserts all terms correctly in the deed, but the buyer breaks the promise and does not move in within six months, the construction VAT is unaffected. The penalty falls exclusively on the buyer, who will face an IMT surcharge corresponding to 10% of the property value.


The Window of Opportunity: To benefit from this regime, your project's licensing request (or prior communication) must be submitted to the Municipal Council between September 25, 2025, and December 31, 2029.


Structuring VAT in a real estate project often dictates the viability of the entire business. Before launching your next construction contract and signing agreements with builders, speak with our team. We support your company through budget and accounting planning to safeguard your tax benefit. 

Por Nuno Bravo • 22 de outubro de 2026
From now on, if your company awards a construction contract and the contractor does not hold a valid contractor's license (alvará) or construction certificate issued by the IMPIC, the VAT reverse charge rule (IVA - Autoliquidação) no longer applies. This is the change with the highest immediate impact on daily operations and company cash flow, introduced by the newly approved Housing Package (Decree-Law no. 97/2026). Many companies became accustomed to billing repair, remodeling, or painting services with the mention "IVA - Autoliquidação," even without being formally registered construction firms. The Tax Authority put an end to this practice. For the reverse charge to occur — meaning the service provider bills without VAT and the client assumes tax assessment —, the builder MUST hold a public or private works contractor's license or certificate. If they do not, they are obliged to bill with standard VAT, forcing the entity awarding the work to pay the tax upfront. The second major update in this legislative package is excellent news for real estate promoters and residential leasing businesses. Until now, as entities carrying out exclusively tax-exempt operations (without the right to deduct VAT), these companies always received construction invoices with tax charged upfront by the builder. Under the new law, the reverse charge mechanism now also applies to these tax-exempt companies, but only in a very specific scenario: when contracts are intended for properties for sale (Primary Residence - HPP) or for residential lease framed under the new reduced rate, Item 2.42. In practice, this means the work must respect strict "moderate value" limits, such as charging rents that do not exceed €2,300 per month in 2026. If your residential leasing company awards one of these eligible contracts: The builder (holding the respective IMPIC license) issues the invoice without VAT, stating "IVA - Autoliquidação". Your company, despite not carrying out VAT-taxable activities, must submit a periodic VAT return by the end of the following month to declare and pay this self-assessed tax to the State. The major financial advantage is that this tax is self-assessed directly at the new reduced rate applicable under Item 2.42, drastically lowering the net cost of the construction work.  These rules formally enter into force on July 1, 2026, but can be applied with retroactive effect to invoices issued since January 1, 2026, provided there is mutual agreement between the contractor and the client. As these new rules intersect real estate price caps with formal licensing requirements, an improper reverse charge can be costly in fines and compensatory interest.
Por Nuno Bravo • 22 de outubro de 2026
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