Bringing a car when we immigrate.
#16
Re: Bringing a car when we immigrate.
Several tax law firms have info on internet. One of them you can find here:
www2.deloitte.com/content/dam/Deloitte/pt/Documents/tax/RNH%20Flyer%20Pensioners%202015%20new%20brand%20vf inal.pdf
And the info from the Portugese Tax Authority:
irs16
www2.deloitte.com/content/dam/Deloitte/pt/Documents/tax/RNH%20Flyer%20Pensioners%202015%20new%20brand%20vf inal.pdf
And the info from the Portugese Tax Authority:
irs16
The 2nd link has, as item no 1, the 183 day rule. Like many (all?) other countries who operate that rule, there are also conditions under which you might be considered to be resident (and therefore liable to be taxed there on your worldwide income) even if you don't spend that amount of time in their territory. However, as far as I'm aware, in the case of the NHR regime - at least as a general rule - that is the minimum amount of time you must spend in the country in order to qualify in any given year.
Last edited by Red Eric; Aug 9th 2017 at 12:52 pm.
#17
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Re: Bringing a car when we immigrate.
Here the first link again:
https://www2.deloitte.com/content/da...d%20vfinal.pdf
I did not find any information that the "deemed residency-law" does NOT apply when you want to use the RNH.
https://www2.deloitte.com/content/da...d%20vfinal.pdf
The 2nd link has, as item no 1, the 183 day rule. Like many (all?) other countries who operate that rule, there are also conditions under which you might be considered to be resident (and therefore liable to be taxed there on your worldwide income) even if you don't spend that amount of time in their territory. However, as far as I'm aware, in the case of the NHR regime - at least as a general rule - that is the minimum amount of time you must spend in the country in order to qualify in any given year.
#18
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Re: Bringing a car when we immigrate.
The link refers to the equivalent of CIRS Artigo 16.º 1(b) by stating "He has a residential accommodation available in Portugal in any day of that 12 month period, used as the individual’s habitual abode."
I think it would be hard to demonstrate (for NHR/RNH, which itself depends on residency) that you will have moved your habitual abode (and your centre of vital interests) from another country to Portugal, while you spend the majority of the year 'living' in at least two other unrelated countries.
Surely the point of the NHR/RNH scheme is to shelter your economic interests, located outside Portugal, from Portuguese taxes? Assuming you retain economic interests elsewhere you would then surely have to claim residency by the conventional route of living there for more than half the year?
I think it would be hard to demonstrate (for NHR/RNH, which itself depends on residency) that you will have moved your habitual abode (and your centre of vital interests) from another country to Portugal, while you spend the majority of the year 'living' in at least two other unrelated countries.
Surely the point of the NHR/RNH scheme is to shelter your economic interests, located outside Portugal, from Portuguese taxes? Assuming you retain economic interests elsewhere you would then surely have to claim residency by the conventional route of living there for more than half the year?
#19
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Re: Bringing a car when we immigrate.
Maybe the example I used 4 months - 4 months - 4 months makes it difficult.
Better example:
5 months Portugal
3.5 months other country
3.5 months other country
No problem for the RNH status, especially when you buy a house in Portugal to live in with your family and that you don't rent out when you are not there.
Tax authorities want to claim you are a resident when you spend more than 183 days in the country. Not interesting for tax authorities to claim that you are not resident, if you know what I mean ........
Lost of people live 7 to 10 months in Spain, without paying income tax as a resident! That is a major concern! They don't bring in any money!
Portugal has chosen the possibility to become resident EVEN when your live in Portugal less than 183 days. BUT the OTHER country can claim you are a resident when you live there more than 183 days, unless you stay only a short period in several countries.
I am curious when they have put this in the law. Was it when Portugal invented the RNH in 2009? Lost of rich people have houses in several countries. Portugal wanted to attract these people because they will spend millions on villas.
Interesting topic, but this has no longer to do with importing your car ....
Better example:
5 months Portugal
3.5 months other country
3.5 months other country
No problem for the RNH status, especially when you buy a house in Portugal to live in with your family and that you don't rent out when you are not there.
Tax authorities want to claim you are a resident when you spend more than 183 days in the country. Not interesting for tax authorities to claim that you are not resident, if you know what I mean ........
Lost of people live 7 to 10 months in Spain, without paying income tax as a resident! That is a major concern! They don't bring in any money!
Portugal has chosen the possibility to become resident EVEN when your live in Portugal less than 183 days. BUT the OTHER country can claim you are a resident when you live there more than 183 days, unless you stay only a short period in several countries.
I am curious when they have put this in the law. Was it when Portugal invented the RNH in 2009? Lost of rich people have houses in several countries. Portugal wanted to attract these people because they will spend millions on villas.
Interesting topic, but this has no longer to do with importing your car ....
#20
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Joined: Aug 2017
Posts: 12
Re: Bringing a car when we immigrate.
ummm i think i'll just ask i solicitor about this as it seems very mixed what everyone is sayong
#21
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Joined: Oct 2012
Posts: 26,724
Re: Bringing a car when we immigrate.
Maybe the example I used 4 months - 4 months - 4 months makes it difficult.
Better example:
5 months Portugal
3.5 months other country
3.5 months other country
No problem for the RNH status, especially when you buy a house in Portugal to live in with your family and that you don't rent out when you are not there.
Tax authorities want to claim you are a resident when you spend more than 183 days in the country. Not interesting for tax authorities to claim that you are not resident, if you know what I mean ........
Lost of people live 7 to 10 months in Spain, without paying income tax as a resident! That is a major concern! They don't bring in any money!
Portugal has chosen the possibility to become resident EVEN when your live in Portugal less than 183 days. BUT the OTHER country can claim you are a resident when you live there more than 183 days, unless you stay only a short period in several countries.
I am curious when they have put this in the law. Was it when Portugal invented the RNH in 2009? Lost of rich people have houses in several countries. Portugal wanted to attract these people because they will spend millions on villas.
Interesting topic, but this has no longer to do with importing your car ....
Better example:
5 months Portugal
3.5 months other country
3.5 months other country
No problem for the RNH status, especially when you buy a house in Portugal to live in with your family and that you don't rent out when you are not there.
Tax authorities want to claim you are a resident when you spend more than 183 days in the country. Not interesting for tax authorities to claim that you are not resident, if you know what I mean ........
Lost of people live 7 to 10 months in Spain, without paying income tax as a resident! That is a major concern! They don't bring in any money!
Portugal has chosen the possibility to become resident EVEN when your live in Portugal less than 183 days. BUT the OTHER country can claim you are a resident when you live there more than 183 days, unless you stay only a short period in several countries.
I am curious when they have put this in the law. Was it when Portugal invented the RNH in 2009? Lost of rich people have houses in several countries. Portugal wanted to attract these people because they will spend millions on villas.
Interesting topic, but this has no longer to do with importing your car ....
If found that you do not meet the min residence period you would lose your status.
NHR is different from the Golden visa which does require a significant minimum investment in Portugal.
With tighter controls on movement likely, checking who comes in and out will be easier for the tax authorities.
Last edited by EMR; Aug 10th 2017 at 4:37 pm.
#22
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Re: Bringing a car when we immigrate.
EMR, If your comment is right, the big international law firms are wrong .........
Deloitte and PWC do not agree with you.
Btw Golden Visa has nothing to do with NHR!! NHR is a special tax rule that is applicable under certain conditions.
Deloitte and PWC do not agree with you.
Btw Golden Visa has nothing to do with NHR!! NHR is a special tax rule that is applicable under certain conditions.
#23
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Re: Bringing a car when we immigrate.
Jane, if things are not clear, it is always better to ask a professional!
When you go to a sollicitor ask wether they are expert on this matter.
We saw a sollicitor for help with respect to buying a property, but that was not an expert on tax matters.
When you go to a sollicitor ask wether they are expert on this matter.
We saw a sollicitor for help with respect to buying a property, but that was not an expert on tax matters.
#24
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Joined: Oct 2012
Posts: 26,724
Re: Bringing a car when we immigrate.
As for the views of PWC etc, only the views of the Portuguese tax authorities count.
#25
Re: Bringing a car when we immigrate.
There are several threads on this forum about importing a car but a key detail is that if you wish to do a registration transfer which is tax free you must have owned the car for at least a year before you bring it into Portugal. Otherwise there will be quite high duties to pay. This simulation site from the Portuguese tax authorities will give you an idea of the duties you may have to pay :https://aduaneiro.portaldasfinancas....muladorISV.jsp
To the OP, even if you could import it tax free it would be still hardly worth it, there's not a huge difference with small engined petrol cars compared to other parts of Europe.
#26
Just Joined
Joined: Aug 2017
Posts: 12
Re: Bringing a car when we immigrate.
As it before.... if all parties would just work each other outside of their own mindset you could make it a very clear & easy option for expats
#27
Re: Bringing a car when we immigrate.
The professional to ask is the Customs as i did and with there help i Matriculated my car in a day. As i said it was with there help that i was able to do it.
Moral of the story Ask those who know and it's there job to know.
Peter
#28
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Re: Bringing a car when we immigrate.
Well done, Peter!
To import a car you always need to go to Customs, I think.
At Customs can we ask for a specialist to help us? What is the fee they ask? The specialist who helped you was not an external professional?
Thanks!
#29
Re: Bringing a car when we immigrate.
I just went into the customs office and asked what i had to do to Matriculate my car. I waited for a lady to call me over and she said she did the Matriculation. She first gave me some forms to fill in and took me to an office to get another form and the only fee was less than 2 euro. Then she said i had to go to the Consulate to get a declaration that i was now a Portuguese resident, fill in the forms and go for a special test on my car. After going from there to the Consulate i went home to fill the forms in.
Next day i got it all done and at 2.14pm my car was legal. That's because i listened to those who told me the correct procedure.
Good luck PM me if i can be of any help
Peter
#30
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Re: Bringing a car when we immigrate.
Thanks Peter,
Sorry I have 2 other questions:
* all the paperwork is in Portugese?
* you went outside Portugal to a Portugese consulate?
Sorry I have 2 other questions:
* all the paperwork is in Portugese?
* you went outside Portugal to a Portugese consulate?