LindaT

Hello,

Briefly, my hubs found an unfurnished flat to rent in Lagos - but I am not there as still working (he is on pension).

He went with the contract to a lawyer for help to make sure all okay - bottom line she says that he cannot get the contract signed if I am not physically there?

Anyone throw any light on this - he is a pensioner already (I am not) - we wanted to get the flat, our furniture is almost ready for shipping (needed a place to send it) and then go back in 2 or so months. Will buy after being there a year to see where we want to be etc.

I would register etc at that time - but she says if I am moving into the apartment as well (albeit later) I have to be there - else we can pay a deposit but won't get the official contract signed if only my husband there.

Maybe someone had a similar situation? Thanks very much.

mfesharne

You don't say what passports you have but assuming you have UK or other EU passports that give you right to reside I see no reason why your name needs to be on the contract at all..... and if the contract is only with your husband then it doesn't need your signature on it.

If the landlord isn't happy with that then I'd be inclined to look for somewhere else to rent.

Ukkram

My wife signed our rental contract and I was a mere spectator. I signed nothing at all and we also have not set eyes on our landlord ever.

LindaT

Thanks,

Hubs in process of asking again but where I believe now confusion is - he has to register of course get his tax no etc as applying for NHR too if possible.....lawyer adamant even though I still have three years to go that I must register as well for NHR now when he does, else will definitely not get it in two years if been living here.

I will update for info, as always find this forum helpful and full of often good advice.


Thanks!

Ukkram

You cannot rent property without a tax NIF number. Actually you cannot even fart without one.
It is a simple process so get it.

LindaT

lol :-) tks will do so!

orangeblossom

I didn't even need to be present in person to buy a flat so I can't see how they can possibly require you to be there to sign a rental contract. You can sign a power of attorney to have your lawyer do it and if s/he didn't tell you that, that would make me rather suspicious of their qualifications.
Regarding non-habitual residency, I thought the qualification was not having been tax resident, not anything to do with having lived here. I have a flat here but like you still work and pay national insurance and tax in the UK, so was hoping I could still apply for NHR at a later stage.

RichardHenshall

If you live in Portugal for six months you become tax-resident in Portugal (and depending on circumstances, maybe sooner than that), so it may have a lot to do with having lived in Portugal.

LindaT

Hi,

It's the 'habitual' thing you should get clarification on -'The formal requirement for residency is either 183 days or possessing what could be deemed as an habitual (owned or rented) residence on the 31st December of the respective tax year? ' No idea but that's what you should find out about - owing versus not living and being taxed there.
Not sure how long the NHR thing will last - Finland now having a doozy about their pensioners getting a tax break and wanting to tear up their agreement with Portugal - (all over in news yesterday). Well, if something newsy happens my end will let this forum know, you are all great. :-)

Ukkram

Finland has been "upset" about the loss of €2m pa tax by the 200 odd Finnish pensioners living in Portugal attracted here by the NHR scheme. They now want to cancel the tax agreement to end the migration of Finns to Portugal.
What about the thousands of Finns living in Spain? Sour grapes perhaps.
I hope this does not spread to other countries.