Persons liable for Social Security contributions
Social security contributions (either predetermined by law or agreed upon by conventions) are due on the remunerations obtained by:
- employees;
- board members;
- self-employed workers.
Excluded income
- Daily allowances (capped at the amount determined for PIT purposes).
- Supplementary retirement pensions.
- Supplementary sickness benefits.
- Transportation expenses. (1)
- Profit distributions.
- Compensation for unused holidays or days off.
- Compensation for the termination of the labour contract. (2)
- Lunch allowance (capped at the amounts determined for PIT purposes) and cost of meals made available at the employer’s canteens.
- Occasional subsidies granted to employees and respective relatives for medical assistance/medicines.
- Subsidy for the employees’ family expenses.
- Discounts granted to employees for the acquisition of shareholdings in the employer company.
(1) In case the company makes available transportation to its employees that does not exceed the value of the social pass, or, in its absence, the amount that would result from using public transportation. In all these cases this benefit should have a general character.
(2) The exemption is applicable in the following situations:
i) following a declaration of illegal termination of employment issued by a court;
ii) following a collective dismissal; elimination of the job concerned; inability of the employee to perform the work; lack of prior notice for termination; expiration of the work contract and termination by the employee;
iii) following the termination of the labour contract prior to the end date, in case of labour contracts with a term.
Description |
Employee |
Company |
Employees |
11% |
23.75% |
Students in school holidays |
0% |
26,1% |
Disabled people with undetermined term labour contract (1) |
11% |
11.9% |
Very long-lasting unemployment |
11% |
(2) |
First employment and long-lasting unemployment |
11% |
(3) |
|
|
|
Employees in early-retirement period, whose agreement foresees: |
||
1) Suspension of the performance of work |
8.6% |
18.3% |
2) Reduction of the performance of work |
Rate determined at the time of the early-retirement applies |
|
Pensioners performing work: |
||
1) Old Age |
7.8% |
17.5% |
2) Invalidity |
9.2% |
20.4% |
Statutory board members (4) |
9.3% / 11% |
20.3% / 23.75% |
Self-employed |
21.4% /25.2% (5) |
7%/10% (6) |
Short term assignment |
||
To other countries |
(7) |
- |
To Portugal
|
(8) |
- |
(1) Ability to work is less than 80%.
(2) Exemption for a period of 3 years.
(3) 50% temporary reduction on the contribution owed by employers, for a maximum period of 5 years (in case of young people looking for a first job) or 3 years (hiring of long-term unemployed people), under certain conditions and requirements.
(4) Minimum cap of one Social Support Index (amounting to € 438.81 in 2020). Board members performing management or administration functions are entitled to protection in the event of unemployment. The applicable rates are 34.75% - 23.75% to the employer and 11% to the employee. A rate of 20.3% (employer) and 9.3% (employee) applies for other board members.
(5) After the first twelve months of activity. Social protection granted to self-employed workers who are entrepreneurs, and owners of Individual Establishments of Limited Responsibility and respective spouses shall include the right to protection in the event of unemployment. In these cases, the contribution rate is set at 25.2%.
(6) A 7% contribution rate is due by employers in case 50% to 80% of the total amount the activity of a self-employed worker is carried out on behalf of the same employer in a given calendar year (natural or legal person, regardless of the respective nature and purpose). If representing more than 80% of the activity, the applicable rate is 10%. This obligation applies only in case self-employees are obliged to make contributions with an annual income exceeding 6 x Social Support Index (€ 2,632.86, considering the Social Support Index in force in 2020).
(7) May continue to make contributions in Portugal.
(8) May continue to make contributions in the country of origin, being temporarily exempt in Portugal.
Employees working temporarily in Portugal, who are nationals of a country with which Portugal has signed a Convention on Social Security, may be exempt form making contributions.
Country |
Exemption (months) (1) |
European Union Member States, EEA and Switzerland |
24 (2) |
Ibero-Americana |
12 (3) (5) |
Principality of Andorra |
24 |
Angola |
24 (4) |
Argentina |
12 |
Australia |
48 |
Brazil |
60 |
Cape Verde |
24 |
Canada |
24 |
Canada – Quebec |
24 |
Chile |
36 |
United States of America |
60 |
Guinea-Bissau |
24 (4) |
India |
60 |
Morocco |
36 |
Mozambique |
24 |
Moldova |
24 |
Philippines |
24 |
United Kingdom, with respect to the Channel Islands (Jersey, Guernsey, Alderney, Herm, Jethou) and Isle of Man |
12 |
Democratic Republic of São Tomé and Príncipe |
24 (4) |
Tunisia |
24 |
Turkey |
12 |
Ukraine |
12 |
Uruguay |
12 |
Venezuela |
24 |
(1) This period may be extended, taking into consideration the provisions of the applicable agreement.
(2) Applicable to Switzerland, Lichtenstein, Norway and Iceland.
(3) The Convention only be effective between those States when the Implementing Agreement enters into force for those States.
(4) These conventions are not yet in force.
(5) This Convention is only in force in Argentina, Bolivia, Brazil, Chile, Ecuador, El Salvador, Spain, Paraguay, Perú, Uruguay and Portugal.
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Liability for Social Security
Description
Social Security
Taxation
Exemption
Salaries, holidays and Christmas allowances, commissions
x
–
Members of statutory board
x
(minimum basis of 1 Social Security Index) (1)
–
Cash shortage allowance
–
Up to 5% of the monthly salary
Daily allowance in Portugal
Directors
–
Up to € 69.19/day
Others
–
Up to € 50.20/day
Daily allowance for travels abroad
Directors
–
Up to € 100.24/day
Others
–
Up to € 89.35/day
Mileage allowance (own car)
–
Up to € 0.36/Km
Company car – acquisition/private use
x (2)
–
Non-worker related travel expenses
x
–
Loans granted by the employer – acquisition of permanent private house
x
–
Loans granted by other entities when the employer bears the interest (totally or partly)
x
–
Loans granted by the employer – other purpose
x
–
Extraordinary profit distribution/profit distribution
x (3)
–
Overtime/regular bonuses
x
–
Working hours exemption
x
–
Indemnity for the termination of the labour contract
–
Up to (average of the regular salary of the last 12 months) * years of work (4)
Retirement pension, company’s complement/Social Security
–
x
Early retirement
x
–
Retirement insurance
–
x
Share plans
–
x
Lunch allowance
–
Up to € 4.77/day
Meal vouchers
–
Up to € 7.63/day
Child tickets
–
x
Education tickets
–
x
Housing allowance
x
–
Employer subsidies (health, education)
–
x
(1) Social Support Index for 2020: € 438,81.
(2) The benefit from the private use of a company car is only subject to taxation in case of stipulation per written agreement. For the purpose of obligations to make Social Security Contributions, additional requirements should be met.
(3) Profits distributions to employees are subject to Social Security contributions. However, liability to Social Security will only arise once further regulations are published.
(4) Managers, board members, directors of companies, public managers or representatives of permanent establishments in Portugal of non-resident entities: no liability to make contributions arises regarding the compensation for termination of employment contracts, for redundancies. ; the inability of employees of performing the work; for lack of prior notice for termination; expiration of the work contract, termination by the employee and termination of the labour contract prior to the end date, in case of labour contract with a term.