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Old Nov 25th 2017, 4:05 pm   #31
ricko 
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Default Re: Tax residency.

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An EU citizen is allowed to live in Portugal for 3 months without formally registering their residence. Once the 3 months are up you must register your residence within 30 days. It's not an application for permission to become a resident, more a notification that you've become a resident. You do not need to wait 3 months if you know you're staying.
Many thanks for clearing up my misconception.
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Old Nov 25th 2017, 6:48 pm   #32
Ukkram Male
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Default Re: Tax residency.

Still no clarity as from when an immigrant is taxed in PT. The day of arrival or the day you have a long term lease or when residencia is obtained. Or neither of these and would be taxed for the full year.

I understand the split when filing tax but do you get taxed on the first portion as well?

I cannot find an accountant in PT that knows. Been through 2 accountants and it is getting expensive for me.
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Old Nov 25th 2017, 6:54 pm   #33
Pilou Female
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Default Re: Tax residency.

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Originally Posted by Ukkram View Post
Still no clarity as from when an immigrant is taxed in PT. The day of arrival or the day you have a long term lease or when residencia is obtained. Or neither of these and would be taxed for the full year.

I understand the split when filing tax but do you get taxed on the first portion as well?

I cannot find an accountant in PT that knows. Been through 2 accountants and it is getting expensive for me.
We arrived on November 1 and we received residency on November 24. I will file a tax return in Spain until November 24 as resident of Spain (worldwide income). As of November 24 I start my tax life here in Portugal. Next year I need to file a tax return on the period November 24 - December 31.
The period November 1 tot 24, I was here as a tourist and as a resident of Spain.
Unless, Portugal has a strange law about this.
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Old Nov 25th 2017, 7:31 pm   #34
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Default Re: Tax residency.

You will be disappointed if your accountant got it wrong. Mine did and the AT will want the full gains for the whole year despite when you arrived here.

AT will not give any advice and your choice of accountant is your only hope of getting the best possible taxation.

Tony, who was a member here on this forum and is a chartered accountant from my country and now lives here has disappointed me by not submitting my 2015 tax. He got my 2014 tax wrong as well and it has cost me plenty. He does not answer emails anymore.

Be careful when choosing an accountant.
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Old Nov 25th 2017, 7:47 pm   #35
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Default Re: Tax residency.

Quote:
Originally Posted by Pilou View Post
We arrived on November 1 and we received residency on November 24. I will file a tax return in Spain until November 24 as resident of Spain (worldwide income). As of November 24 I start my tax life here in Portugal. Next year I need to file a tax return on the period November 24 - December 31.
The period November 1 tot 24, I was here as a tourist and as a resident of Spain.
Unless, Portugal has a strange law about this.
Assuming that Portugal's tax regime is kinder to you, would it not be better for you to only declare in Spain up to end-October? Even though your residence certificate may only be dated from November 24 it seems to me that you can justify a claim to be resident in Portugal for longer, if it is to your advantage.

Your concerns about being in limbo with regard to healthcare, in particular, are presumably no longer a concern.
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Old Nov 26th 2017, 5:52 pm   #36
Pilou Female
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Default Re: Tax residency.

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Originally Posted by RichardHenshall View Post
Assuming that Portugal's tax regime is kinder to you, would it not be better for you to only declare in Spain up to end-October? Even though your residence certificate may only be dated from November 24 it seems to me that you can justify a claim to be resident in Portugal for longer, if it is to your advantage.

Your concerns about being in limbo with regard to healthcare, in particular, are presumably no longer a concern.
No, for the health insurance, no problem. We will join the NHS here. To pay for a private health insurance, is not advantageous for us.

Of course it would be better to stop the tax situation in Spain as soon as possible, but we told our accountant in Spain to stop the taxes as of November 24. That is in line with the actual situation and that is fine with us.
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Old Nov 29th 2017, 6:37 pm   #37
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Default Re: Tax residency.

After being taxed for an amount that we can live off for 2 years and paying fees to a cross border tax charted accountant and another charted accountant in Portugal plus another in South Africa I decided to consult a tax lawyer in Portugal.

Caiado Guerreiro’s law firm stated the following to me:

//The Portuguese Tax Authority does not apply the 183 days rule, and will only consider a Portuguese taxpayer when there is a proof of residence in Portugal, ie., a lease agreement or a purchase of a house and the individual change the tax residence to Portugal in a Tax Office (Serviço de Finanças).
You will pay tax from this date only and not for the whole year.//

Now I have also read somewhere that this tax split is only applicable from the 2015 tax year. I arrived here in 2014 sniff sniff.
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