Big Ant

Friend has holiday home here, and pays silly fee for lawyer to be the Fiscal Rep, so we offered to do this for him, accepting liabilities, etc.

Anyone know what needs to be done ?

Friend and us goto Camara together, and re-assign us as the Rep ?

Thanks, BA

lennox

If you look at the thread dated 31st May, it could be useful

CAROL ELIZABETH

So does that earlier thread mean we don't need to have a fiscal rep? There will be no legal come back if we don't bother? I have spent ages looking for a cheaper one only to have my original one suddenly offer a rate at half our previous price which I agreed to about a month ago. Perhaps this explains it. If so next year I won't bother.

Biffa

Hi Carol

There is no longer an obligation for EU residents to appoint a fscal representative however there are some points that need considering. I will post a brief explanation on this thread

Biffa

On the 5th May 2011, the European Court of Justice ruled that Portugal can no longer force EU nationals to appoint a fiscal representative in Portugal, as this violates the rights of free circulation of people and capital. However, individuals or companies who reside outside the EU must still appoint/ retain a fiscal representative.

Although the law in Portugal has not yet changed, the tax departments are altering their systems so that EU nationals who need a fiscal number can choose either to appoint a fiscal representative or opt to register themselves directly with the tax department giving their home country address.

In order to cancel your existing fiscal representative you must go personally to the tax department to deal with the cancelation and to register your home country address. However, in this interim period you should note that, whilst on your tax file you will have given your home address, any mail from the local tax department will initially be sent to the Lisbon central tax office and from there it is unclear if it will be sent on to you. Anyone cancelling their current fiscal representative will automatically have the Lisbon tax office appointed instead, although we do not know if this is a temporary measure or not.

As the law stands, if an individual or company does not have a representative they lose the right to receive tax department notifications – we do not know if or how this will affect clients who do not appoint a representative.

With the tax department notifications and tax demands having strict deadlines, it may be unwise, at this stage, to cancel your fiscal representative until clearer measures are in place and it is guaranteed that your correspondence will be posted abroad. Failure to reply to notifications can lead to large fines, and interest and penalties are applied to any tax bills paid after the deadlines all of which can place your property at risk.

Campanula

Could you post when it is safe to cancel. Thanks