Selling a property in Cape Verde is not just a matter of finding a buyer and signing at the notary. Between checking title, the promessa and the sinal, the mandatory form of the deed, assembling documents and two very different taxes, the exit takes preparation. This guide walks through the sequence from the seller's side — resident owner, diaspora member or non-resident — from listing to registering the transfer, and focuses on the tax treatment as it actually appears in Cape Verdean law.
One vocabulary warning first: what is commonly called a “capital gain” does not work in Cape Verde the way it does in France or mainland Portugal. The tax code we rely on taxes the gain on its gross value. We come back to this below, because it is probably the biggest budgeting trap for a seller.
1. Preparing the sale: check the title before you commit
Before you even advertise, make sure the property can legally be transferred. Cape Verde's Código do Registo Predial lays down two structural rules. First (art. 14.º), facts that transfer rights over real estate can only be notarised if the property is definitively registered in the name of the person from whom it is acquired — that is, the seller. Second (art. 44.º), the trato sucessivo principle: definitive registration in the buyer's name depends on the prior registration in the name of the person transferring.
In practice, an old title, an unregularised inheritance or a registration left provisional can block the sale. That is the first thing to have checked by the competent conservatória and your notary, before you set a price or promise anything.
You should also check the matrix status (the matriz predial, which identifies the property and its owner for tax purposes) and, where the property lies in a cadastral area, the cadastral status. The notarial deed must mention the property description and recent proof of these situations: matrix proof is established by a document issued within the last year, cadastral proof by the cédula or a cadastre-service document within the same period (Código do Notariado, art. 54.º; Código do Registo Predial, art. 40.º and 41.º).
2. The promise of sale (promessa) and the sinal
The promessa de compra e venda is the contract by which seller and buyer undertake to conclude the final sale later. It is almost unavoidable: it fixes the price, the deadline and the conditions, and protects both sides.
The sinal is the sum paid by the promising buyer. Cape Verde's Civil Code presumes that a sum paid under a promise constitutes a sinal, “ainda que a título de antecipação ou princípio de pagamento do preço”. The rights and obligations arising from the promise pass to the parties' heirs (art. 413.º).
Two important nuances:
- A promise recorded by escritura pública may be given real effect — but then it only produces effect against third parties after registration.
- Preference agreements (art. 414.º–423.º) oblige a party to give someone preference; their real effect likewise requires a public deed and registration.
These points of form and enforceability should be confirmed with your notary; we have only read part of the consolidated Cape Verdean wording of the Civil Code.
For tax purposes, the promise itself can already trigger tax: the assignment of contractual position in a promise that allows it, the resale by the promising buyer and the irrevocable power of attorney granting a power of disposal are expressly covered by the Código do ITI (art. 2.º, n.ºs 2 and 3).
3. Form of the deed: escritura pública and the notary's role
Cape Verde's Código do Notariado contains a general rule (art. 81.º) listing, by way of example, the acts imperatively subject to the form of escritura pública, based on the creation, modification or extinction of rights. A property sale falls within this logic: the notarial deed is the reference form for transferring ownership.
The notary is not a mere witness. They check that the transaction is in order, verify the parties' identity and the property's status, and — as we will see — cannot notarise a real-estate transfer unless the ITI declaration extract and proof of payment are presented (Código do ITI, art. 33.º, n.º 1).
Key point: the notarial deed establishes the validity and proof of the sale between the parties. It is not, on its own, enough to make the transfer enforceable against third parties: that is the effect of registration (see §7).
4. Documents to assemble on the seller's side
A well-prepared sale file avoids back-and-forth. On the seller's side you typically gather:
- identification of the parties — ID, and, for a company, a valid certidão de registo comercial;
- the property description and its matrix registration number (or proof of a pending declaration if the property is omitted);
- proof of cadastral status (cédula or CIP) where the property is in a cadastral area;
- proof of registration (online certidão access code, or a recent certidão);
- if the property is rented, information about the current occupation;
- the ITI declaration extract together with its proof of payment, to present to the notary.
Box — cadastral areas: in cadastral areas, the Certidão de Identificação Predial (CIP) “substitui, para todos os efeitos legais, a certidão matricial e a certidão predial” (cadastre regime, art. 28.º). It is valid for one year, unless something changes in the meantime. Outside cadastral areas, the ordinary matrix and registry certificates apply.
5. Payment and moving the money: securing the exit
The sinal, the balance, the currency and the cross-border transfer deserve particular care, especially for a non-resident seller. There is no single recipe: trace every payment, clearly identify the beneficiary, and prefer documented banking channels over cash.
One useful landmark, though, is certain: the transfer tax is assessed before the deed (Código do ITI, art. 15.º, n.º 1), and proof of its payment conditions both the notarial instrument and definitive registration. The payment schedule for the price should therefore line up with the tax schedule.
6. The ITI: who pays, at what rate, how
The Imposto sobre a Transmissão de Imóveis (ITI), created by Lei n.º 54/X/2025 (Código do ITI), is a municipal tax on transfers. In force since 1 January 2026, it now separates the taxation of property from that of transfers (preamble to Lei n.º 54/X/2025).
- Scope: the ITI hits onerous transfers of ownership or of parcelled figures of that right over property located in Cape Verde (art. 2.º, n.º 1).
- Who pays: the legal taxpayer is the buyer, not the seller — “o imposto é devido pelas pessoas … para quem se transmitam os bens imóveis” (art. 4.º).
- Rate: 1% as a general rule; 3% where the seller or the buyer benefits from a preferential tax regime under the Código Geral Tributário (art. 11.º).
- Base: the valor tributável, referring to the matrix or assessed value under the Código do IPI.
- Procedure: assessment is made on the parties' initiative, by declaration, at the municipal tax office where the property lies (art. 12.º and 14.º), and precedes the transferring act (art. 15.º, n.º 1).
- Payment: on the day of assessment or at the latest the third following working day, “sob pena da transmissão ficar sem efeito” (art. 26.º, n.º 1).
The notary cannot notarise without the declaration extract and proof of payment (art. 33.º, n.º 1), and is jointly liable in case of non-payment.
7. Registering the transfer at the land registry
Signing at the notary does not close the exit. The transfer still has to be registered at the land registry. Two conditions already met apply: the property had to be definitively registered in the seller's name before the deed (art. 14.º), and definitive registration for the buyer depends on that prior registration (trato sucessivo, art. 44.º).
There is also a tax condition: no act relating to registrable property can be definitively registered without proof of ITI payment (Código do ITI, art. 34.º). In other words, until the buyer's tax is paid, the registration stays provisional.
8. Tax treatment of the exit: IRPS category E
This is where the Cape Verdean regime surprises a seller used to European systems.
The gains you make by selling property fall under category E (ganhos patrimoniais) of the IRPS: it covers “ganhos resultantes da alienação onerosa de direitos reais sobre bens imóveis” (Código do IRPS, art. 17.º, n.º 1, al. a). The gain is deemed obtained at the time of the act; in a promise situation, it is presumed obtained as soon as transfer or possession of the property is verified (art. 18.º).
The decisive point: the income is “tributado pelo seu valor bruto, sem qualquer dedução, mediante taxa liberatória e sem opção de englobamento” (art. 40.º in the 2014 version / 41.º in the 2020 republication). In plain terms: the base is not the profit (sale price minus purchase price), but the gross disposal value. The texts we read provide for no deduction of the purchase price or costs.
Box — the calculation trap: many third-party articles claim a “capital gains tax of 10%” or a “sale price minus purchase price” calculation. That is not what the texts we read say. The category E withholding is set at 1% for property gains, of a liberatory nature, and assessed on the gross value (Decreto-Lei n.º 6/2015, art. 12.º, n.º 1, al. a) ; Código do IRPS, art. 40.º [2014] / 41.º [2020 republication]).
The disposal value corresponds to the consideration; for real rights over property, where higher, the values used for the former IUP (or those that should have been) prevail (art. 41.º, n.º 2).
The 1% withholding on property gains is operated, at the time of transfer, by notaries and registrars (Decreto-Lei n.º 6/2015, art. 12.º, n.º 1, al. a) — not by the seller. It is liberatory and without the option of aggregation: category E gains are excluded from aggregation (Código do IRPS, art. 43.º, n.º 3, al. c).
The practical consequence, stated honestly: on the texts read, the exit is not taxed as a French-style net capital gain, but as a liberatory 1% withholding on the disposal value.
9. Two confusions to clear up
First — ITI ≠ IRPS. The ITI is the transfer tax; its taxpayer is the buyer (1%, or 3% under a preferential regime). IRPS category E is the seller's tax on their gain. Different taxes, different taxpayers, different calculations.
Second — notarial deed ≠ registration. The notarial deed is valid between the parties; registration makes the transfer enforceable against third parties. A perfectly valid but unregistered deed leaves the buyer — and sometimes the seller — exposed to third parties.
10. Watch-outs specific to the property
The general pattern above applies, but some properties need specific treatment. This guide flags the question and points you on, without re-explaining everything:
- Apartment in co-ownership (horizontal property): identification of the fraction, title and registration status — see the co-ownership article.
- Plot in a subdivision: alvará, earlier transfers, works — often a more complex title history; see the plot-buying article.
- Built property or with works: conformity of the structure with permits; see the construction and permits articles.
- Rented property: presence of a tenant and the lease's effect on the sale; see the long-term rental article.
In each case, checking title remains the mandatory step.
FAQ
This guide is informational and is neither legal nor tax advice. The texts cited should be confirmed in their consolidated version in force, and the exact status of the title and the tax treatment of your transaction should be verified with a local notary or lawyer before any commitment.