Mouse Trap: Watch Out for Short-Term Capital Gains

Since 2023, short-term capital gains can trigger progressive taxation—smart timing and structuring are key to avoiding surprise tax bills.

Category
Tax
Date
1.31.2025

Mouse Trap: Watch Out for Short-Term Capital Gains!

Investors in Portugal, beware: since 2023, short-term capital gains can trigger a tax trap!

We all know that capital gains on the sale of shares, securities, or even the redemption/liquidation of investment funds are typically taxed at a flat 28% rate when earned at a private level.But here’s the catch: if you meet two conditions, your tax rate could suddenly jump!

Condition 1: The asset sold/redeemed was held for less than 1 year.

Condition 2: Your total taxable income (including these short gains) exceeds the top IRS threshold (€83,696 in 2024)💥 If both conditions apply, your short-term capital gains will be taxed at progressive rates of up to 53% instead of 28%.

What doesn’t count toward this threshold? If you’re earning NHR income from high-value work, pensions, or rental income, those amounts are taxed at a flat rate and won’t push you over the limit.But other income streams might.

Moral of the Story: If you're planning to cash out on short-term investments, think strategically. Holding for just one extra day past 12 months could save you from a tax spike. If you do short term trading, you might also to do it through derivative instruments, which for some reason are not caught by this mouse trap.

Accolades from
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I was very impressed by the vast amount of knowledge Luís possessed, both in terms of theoretical knowledge of the Portuguese Fiscal Law.
Leonardo Bertolini Zichy Thyssen
IE Business School
Luis is really great expert in taxes. He is fast, furious and totally client oriented. I highly recommend Luis for all who need to clarify tax strategy in Portugal.
Anton Voroniuk
SaaS Growth & GenAI Expert 
I am eternally grateful to Luis and look forward to working with Luis for many years to come.
Kathryn Murphy
Global Director of Partnerships at World Connect, Inc.
They say "Your network is your Net worth". Well, consider yourself a rich man if Luis is in any way part of your network.
Ella Grobler
Property Investor and Developer at Rouge Homes Ltd
Luis is knowledgeable, sharp and a pleasure to work with.
Chris Gourlay
Strategy & Innovation Consultant | Founder of Spacehive
He has been extraordinarily responsive and impeccably detailed while conveying the many laws and procedures in an easily understandable manner.
John Sumners
Journalist, Author
Luis Castilho is an extremely efficient, responsive, highly qualified, professional that I have had the pleasure to work with.
Melinda Given
Senior Medical Science Liaison
Luis provides a very professional service, his fees are appropriate and he goes out of his way to assist.
Peter Lunning
Independent consultant
Simples, Rápido e Bastante Profissional.
Hugo Espada
Nova Frigo S.r. l. Spain & Portugal Sales Manager
Luis is the best tax law professional that I have worked with.
Roger Graves
CTO at Cloverpop
Quick, smart, practical.
Maxim Sokiran
Legal and PR Expert
Luís is an outstanding Tax Lawyer, reliable and fully dedicated to his clients. I highly recommend Luís.
David Vicente
DVM, MVSc, PhD, MRCVS, Assistant Professor
He provides high level, timely and outstandingly customer centered tax advices.
Francesco Bax
Executive Leader
Luís Castihlo is hands down one of the best lawyers and tax experts I've ever worked with!
Florian Kaiser
CEO at Inbox Marketing
Working with Luis has been an exemplary experience in navigating Portuguese tax complexities.
Eliot Raymond
Product Lead @ A.Team | Marketing | Growth
Luis Castilho is an excellent tax lawyer. His speed of delivery, deep insights, and presentation skills are truly impressive.
Oleksandr Pysaruk
CEO at Raiffeisen Bank
Ultimately I was able to confidently make an informed tax decision. I have recommended Luis to several friends and co-workers and will definitely continue to do.
Daniel Lourenço
Sr. Director
Honest, highly qualified in Portuguese tax law, deadline maniac and a great guy. Pleasure to work with. Highly recommended.
Maxim Shkolnick
General Partner @ Focus Estate Fund
Integridade e foco em ajudar o cliente insuperável.
André Rodrigues Lopes
General Manager at Datahouse Portugal
I rarely write reviews, but I felt compelled to do this one. Luís Castilho is an excellent professional, very responsive, knowledgeable and thoughtful.
Indira Gomes
Legal Counsel at African Legal Support Facility
I am very happy that he is responsive and I would certainly recommend his services to others.
Steve Howard
Entertainment Promoter/Producer/Consultant
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