Which country taxes which pension
Article 17 of the convention in force since 29 December 2025 is one sentence: pensions and other similar remuneration paid to a resident of a Contracting State are taxable only in that State. For a Portuguese resident that covers:
- the UK State Pension;
- occupational and company pensions, defined benefit or defined contribution;
- personal pensions and SIPPs, including drawdown payments;
- annuities bought with pension funds.
Article 18 carves out government service pensions — paid by the British state, a devolved administration or a local authority for services to them: civil service, armed forces, police, fire, teachers’ and local government schemes. These stay taxable only in the UK, unless the pensioner is a Portuguese national who is not also a British national, in which case both countries may tax and Portugal gives credit. HMRC’s own list (INTM343040) decides the borderline cases: an NHS pension paid by the NHS Business Services Authority is non-government and therefore taxed in Portugal; one paid by a local authority is government.
- From 1 January 2026 Portugal applies the new convention; HMRC from 6 April 2026 for income tax
- 4 587 € deducted from pension income per pensioner before the brackets (8,54 × IAS)
- 12,5 % to 48 % Portuguese rates on the rest; couples may split the income
- DT-Individual the HMRC form that stops UK withholding on private pensions
What Portugal charges
Pension income is category H. Each pensioner deducts 4 587 € (or, if higher, the compulsory social contributions paid) and the balance goes into the general table at 12,5 % to 48 %. A couple may opt for joint taxation, which halves the income before the table and doubles the deductions.
| Household, 2026 | Gross UK pensions | IRS (approx.) |
|---|---|---|
| Single, 20 000 € | 20 000 | 2 300 € |
| Single, 40 000 € | 40 000 | 8 150 € |
| Couple, 40 000 € (joint) | 40 000 | 4 600 € |
| Couple, 70 000 € (joint) | 70 000 | 12 800 € |
Brackets of art. 68.º applied to the income after the deduction; figures rounded, before personal deductions (health, housing, general expenses) that typically cut a few hundred euros more. Exchange rate risk is yours: Finanças taxes the euro value on the day of payment.
The NHR era is over. New residents cannot obtain the 10 % rate on foreign pensions (closed to applications since 1 January 2024); those registered before then keep it for the rest of their ten years. The IFICI regime that replaced NHR excludes pensions.
What HMRC stops charging
Under the 1968 treaty most private pensions were also taxable only in the residence state, but the mechanics have not changed: HMRC keeps withholding PAYE until you file form DT-Individual, certified by Finanças as proof of Portuguese residence, and HMRC issues an NT code to the scheme. Tax withheld in the meantime is refunded through the same form. The State Pension is paid gross to non-residents in any case.
Government pensions keep their UK PAYE and are declared in Portugal only for the rate on your other income (exemption with progression under art. 21 n.º 5).
The 25 % lump sum: take it before you leave
UK rules allow 25 % of a pension pot (up to £268,275) to be taken tax-free. Portugal has no such exemption. Once you are Portuguese resident the lump sum is a pension payment taxed under the rules above, with one relief: the part that is a return of capital — contributions you paid from taxed income — is excluded, and where that part cannot be identified 85 % of an annuity payment is treated as capital (IRS Code, art. 54.º). The relief does not apply to sums built from employer contributions that were never taxed in your hands, which describes most occupational pots. A lump sum drawn while still UK resident, in the tax year before you leave, is the usual answer.
QROPS and transfers
Transferring a UK pension to a qualifying recognised overseas pension scheme in the EEA avoids the 25 % overseas transfer charge only while you are resident in the same country as the scheme; since 30 October 2024 the EEA exclusion from the charge has been removed, so a transfer to a Maltese or Irish QROPS by a Portuguese resident now triggers the charge. The convention gives Portugal the taxing right on the pension either way. For most British retirees a UK SIPP in drawdown, paid gross under the treaty, is simpler and cheaper than a transfer.
Health cover: the S1
A UK State Pension recipient living in Portugal obtains an S1 from the NHS Business Services Authority and registers it at the Portuguese health centre: the SNS treats you as a Portuguese beneficiary and the UK pays. The S1 also satisfies the consulate’s insurance requirement on a D7 file. Pre-pension-age retirees buy private health insurance until they qualify.
The steps
Before leaving the UK
Decide on the lump sum; obtain the S1 if you receive the State Pension; note the date the UK split year ends.
Register as Portuguese resident
NIF, address change at Finanças, residence permit or EU registration. Finanças can then certify your residence on HMRC's form.
File DT-Individual
One form per pension payer; HMRC issues the NT code and refunds tax withheld since the residence date.
First Portuguese return
April to June of the following year: annex J with each pension, any UK tax withheld, the government-pension exemption where it applies.
We prepare the DT-Individual claims, obtain the Finanças certification, and file the Portuguese return with the pension deduction and the correct treatment of each scheme. Fixed fee per return, no surprises at Finanças. Ask us.
Questions from retirees
My pension was taxed in both countries in 2026. What now?
Claim the UK tax back with DT-Individual (HMRC refunds within the four-year window) and declare the gross pension in Portugal. Do not claim a Portuguese credit for UK tax that the convention says the UK should not have charged — Finanças refuses it.
I receive a police pension. Do I declare it in Portugal?
Yes, but it is exempt in Portugal under article 18 and only counts to set the rate on your other income. The UK keeps taxing it through PAYE.
Are pension contributions I make in Portugal deductible?
Contributions to a Portuguese PPR retirement plan give a 20 % tax credit capped at 400 € a year under 35, 350 € between 35 and 50, 300 € after 50 (EBF, art. 21.º), not a deduction from income. UK pension contributions after leaving the UK get no Portuguese relief.
Sources and official references
- 2025 UK–Portugal Double Taxation Convention — art. 17 (pensions: residence state only), art. 18 (government service), art. 21 (relief) — checked 18.9.2026
- HMRC — Portugal: tax treaties (effective dates: Portugal 1.1.2026; UK 6.4.2026) — checked 18.9.2026
- gov.uk — Tax when you get a pension: 25 % tax-free lump sum, maximum £268,275 — checked 18.9.2026
- gov.uk — Tax on your UK income if you live abroad (State Pension not taxed for non-residents) — checked 18.9.2026
- Código do IRS, artigo 53.º — pension deduction (8,54 × IAS) and artigo 54.º — capital component of annuities and lump sums — checked 18.9.2026
- Código do IRS, artigo 68.º — 2026 brackets — checked 18.9.2026
- HMRC International Manual INTM343040 — government or non-government pensions (NHS paid by NHSBSA: non-government) — checked 18.9.2026
- HMRC — Reducing tax-free overseas transfers: overseas transfer charge applies to EEA and Gibraltar QROPS from 30.10.2024 — checked 18.9.2026
- Estatuto dos Benefícios Fiscais, artigo 21.º — PPR credit 20 %, capped 400 / 350 / 300 € — checked 18.9.2026
- Portaria n.º 480-A/2025/1, de 30 de dezembro — IAS 2026 = 537,13 € — checked 18.9.2026