mfesharne

OK so correcting the misinformation & providing the correct information isn't helpful. Gotcha. Bwahahahahahahahaha!

Euroguy

I'll leave the OP to form an opinion on misinformation & total confusion!
(but l do actually know his opinion!)

RichardHenshall

I just thought that a report of recent and, possibly, relevant experience would help to inform this discussion.

If, for example, you managed to convince AT of an address in the UK (while living in America) it merely shows that a Brit living in the USA can circumvent the rules - it doesn't prove whether or not the rules are as several of us have been saying they are.

If, however, you provided evidence of an address in the USA and it was accepted and you were not asked to have a fiscal representative - then it proves us wrong!

mfesharne

More importantly, committing false information to a Govt document here can bring you 2 years in jug so not exactly a bright thing to do & even less bright to suggest it or admit to it on any form of social media. lol!

mfesharne

Also bear in mind there AVBS factor can often kick in. I've known all possible permutations of NIF, Attestado & Residencia be required by various Camaras & sometimes individual civil servants, non residents to be enrolled into the NHS system & registered residents to be refused enrollment for months on end until the Embassy got involved.

wellinever

So how does work in my case? I was both tax and actual resident of PT for 4 years. I left PT after paying all CGT on property sale. Went back to UK, confirmed UK property with PT IR, came back 7 years later only to find my IR address had been changed to that of my old accountant. Resulting in my not being acceptable for NHR in the grounds that I had been tax resident since 2009.

Made myself known to UK IRS and was told I had no tax to pay.
So apart from that load of rubbish, my question would be....how can you be tax resident if you are not an actual habitual resident and have no property or rental contract in Portugal??

RichardHenshall

I would assume that either you or your accountant indicated that address to AT and therefore you were recorded at AT as continuing to have (tax-)residency in Portugal. Perhaps a simple mistake but one with significant consequences. It's easy to check your registered address at https://www.portaldasfinancas.gov.pt...DadosGerais.do.

The change from one Portuguese address to another Portuguese address is a comparatively trivial matter and can be done online by anyone who has your login details.

Euroguy

So are you saying l'm non-to-bright then on a public forum??

mfesharne

I'm saying that admitting to breaking the law or suggesting breaking the law on any form of social media isn't exactly the brightest thing to do & I suspect most sensible people would agree.

Does that mean you think it is a good idea?

Rosemary

You will not gain a response to your question because the poster is taking a break from BE.

Rosemary

Rosemary

Note to members:-

If a member is encouraging others to break the law or telling them of a way around the legal process please will you report their post. When reporting will you please state clearly what the law is or what you believe it to be on that particular subject because Moderators and Super Moderators will possibly not be aware.

Thanking you in advance for you assistance.

Rosemary

mfesharne

How very diplomatically put.

orangeblossom

I hope you were able to lodge an appeal and win. A cautionary tale for any Brit with .property here and not intending to become (tax) resident before the end of the transition period.

Can one avoid inadvertently become tax resident by virtue of appointing a fiscal rep with a pt address; if so, how?

Cortiz

I gotta say, guys, that while I very much appreciate the time and effort involved in these replies, I understand some of Euroguy's frustrations. I came here for practical advice about my particular situation, but sometimes I feel like the that is being swept aside in order to make clarifications about the finer points of the Portuguese laws that aren't really that relevant to what I need to actually do.

So, @Richard Henshall - Basically you main point is that being a UK citizen with a US address, I will need to prove my US address and my UK identity.

@mfesharne - I understand that anyone can get an NIF number but I don't understand why my two options are incorrect: "(fiscal representative to get NIF on upcoming trip, then change the address on it once I've actually moved to Portugal and have an address, then get residency. OR do both once I've actually moved there." Are you saying 3rd option: I do not even have to be physically present in Portugal to get the number, and can get it through a fiscal rep once I have returned to the US?

RichardHenshall

Yes but you'll need a representative.

In post #34 the 'no' was directed at proving 'UK or Portuguese residence' - as any address in any country can be used, though some bring additional complications. Either of your two options just quoted can work and, thirdly, it is possible to have someone act for you to get the NIF, though it may need to be a more formal Power of Attorney or similar that appoints him/her (so possibly a more expensive process than merely having an ordinary Portuguese-resident member of the public accompany you as your fiscal rep at the time of application). Your second paragraph's questions were unanswered. Well, that's how I read it!