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Stay a UK tax resident

Stay a UK tax resident

Old Feb 27th 2022, 6:57 pm
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Default Stay a UK tax resident

How do you live in PT and stay a Uk tax resident. Is the D7 relevant for this. I don’t want to apply for the NHR as i have a business that i run in the UK remotely for much of the time but i need to be registered here for tax so that i can access loans etc I’m just not sure that under D7 and residency rules that i am allowed to do both. Any advice would be great
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Old Feb 27th 2022, 7:38 pm
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Default Re: Stay a UK tax resident

Originally Posted by Karmal123
How do you live in PT and stay a Uk tax resident. Is the D7 relevant for this. I don’t want to apply for the NHR as i have a business that i run in the UK remotely for much of the time but i need to be registered here for tax so that i can access loans etc I’m just not sure that under D7 and residency rules that i am allowed to do both. Any advice would be great
You can't.

If you reside in Portugal for more than 183 days (consecutive or otherwise) in any 12-month tax period (calendar year), you are likely to be considered tax resident.
If so, and you receive income from anywhere in the world, you will be expected to declare it.... along with your worldwide assets.
If you fail to declare relevant income or assets............

Why would a country allow someone to reside within it and use its facilities, without paying towards them?
Why would any county allow someone to pick and choose where they pay tax (if at all), or what taxes they pay, when it is of no benefit?

I'd suggest you pay for professional advice to limit your exposure, because the principle is often to fine first and allow you to make your excuses later.
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Old Feb 27th 2022, 8:58 pm
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Default Re: Stay a UK tax resident

Originally Posted by Karmal123
How do you live in PT and stay a Uk tax resident. Is the D7 relevant for this. I don’t want to apply for the NHR as i have a business that i run in the UK remotely for much of the time but i need to be registered here for tax so that i can access loans etc I’m just not sure that under D7 and residency rules that i am allowed to do both. Any advice would be great
Oh, the "Have cake and eat it" visa! Yes, there's a lot of people looking for that one
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Old Feb 27th 2022, 9:08 pm
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Default Re: Stay a UK tax resident

So what if you had no income but lived off savings
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Old Feb 27th 2022, 9:09 pm
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Default Re: Stay a UK tax resident

Or would the golden visa more appropriate in this case
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Old Feb 27th 2022, 9:18 pm
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Default Re: Stay a UK tax resident

I have some magic beans you can buy.........

I refer you to the questions and comment in my initial reply.......
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Old Feb 28th 2022, 3:28 am
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Default Re: Stay a UK tax resident

Originally Posted by Karmal123
So what if you had no income but lived off savings
Why do you think that most countries like to attract skilled and/or wealthy immigrants? Had it occurred to you that in most cases, it is so the country can tax them, and the wealth they generate through growing a business?

In short, you're trying to have your cake and eat it. If you want to live in Portugal then make the commitment, and man-up and pay the taxes. If you want to remain in the UK for tax reasons then that's fine too, but you will only be a visitor in Portugal, and limited to how long you can spend there in one visit/year.
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Old Feb 28th 2022, 9:27 am
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Default Re: Stay a UK tax resident

Wow didn’t expect such rude answers. If you don’t have a polite reply then don’t reply.
you can do what I have suggested but not on D7
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Old Feb 28th 2022, 9:52 am
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Default Re: Stay a UK tax resident

Rude answers NO honest answers.
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Old Feb 28th 2022, 9:57 am
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Default Re: Stay a UK tax resident

Originally Posted by peterfc
Rude answers NO honest answers.
Agreed. As so often happens people mistake straightforward honest but nhegative replies to be rude because they only wish to hear positive answers. Life is not like that, members on here are always honest when answering questions whether their response has to be negative or positive.

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Old Feb 28th 2022, 10:17 am
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Default Re: Stay a UK tax resident

Originally Posted by Karmal123
How do you live in PT and stay a Uk tax resident. Is the D7 relevant for this. I don’t want to apply for the NHR as i have a business that i run in the UK remotely for much of the time but i need to be registered here for tax so that i can access loans etc I’m just not sure that under D7 and residency rules that i am allowed to do both. Any advice would be great
As it happens, we're resident here (one's a citizen) and we pay all taxes in UK where we're tax resident but, only have UK pensions and savings income, no bank/savings interest or other income in Portugal. In your case, if you become resident, run a business from here and want to access loans then I can't see why there should be way of dodging tax.

From your post, it appears you don't yet have residence which was just a formality for us years ago, whereas you will be applying as third country citizen and need to declare everything and provide proof of income.
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Old Feb 28th 2022, 10:54 am
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Default Re: Stay a UK tax resident

Originally Posted by GrahamF
As it happens, we're resident here (one's a citizen) and we pay all taxes in UK where we're tax resident but, only have UK pensions and savings income, no bank/savings interest or other income in Portugal. In your case, if you become resident, run a business from here and want to access loans then I can't see why there should be way of dodging tax.

From your post, it appears you don't yet have residence which was just a formality for us years ago, whereas you will be applying as third country citizen and need to declare everything and provide proof of income.
GrahamF, I am also married to a Portuguese (more, as an Irish citizen I still retain EU citizenship), but I am NOT a full-time resident in Portugal, due in part, to tax residency. AFAIK, if you are resident in Portugal (i.e. full time, more than 183 days PA) then whether your income is taxed in the UK or not does not change your status as being tax resident in Portugal, with an obligation to declare your income and assets to the Portuguese tax authority each year.

It might well be that the tax paid in the UK is offset against any likely Portuguese taxes, it may well be that this results in no taxable income in Portugal, but that does not mean that Portugal does not retain the right to assess you and make that decision. It may also be that you have not had to accept this status until now, as your financial activity in Portugal has not flagged your existence to the tax authorities, but many people kept their heads down and ignored the legalities in the past (i.e. not even registering their presence in the country). However, now that the satus of the UK is different, it might be advisable to confirm that your assumed tax residency and liabilities are correct.

I'll say nothing more
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Old Feb 28th 2022, 11:02 am
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Default Re: Stay a UK tax resident

Originally Posted by Karmal123
Wow didn’t expect such rude answers. If you don’t have a polite reply then don’t reply.
you can do what I have suggested but not on D7
If you think my answer is rude, then I suggest that you are not interested in the truth.

Take professional advice and arrange your affairs accordingly. If this suggests you will be disadvantaged by living in Portugal, then it is your choice whether to take residence or not. However, if you are looking for a loophole to allow you to have the advantages of business and income from the UK and the lifestyle in Portugal, then i would invite you to ask yourself why others are telling you it can't be done.

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Old Feb 28th 2022, 11:19 am
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Default Re: Stay a UK tax resident

Originally Posted by macliam
GrahamF, I am also married to a Portuguese (more, as an Irish citizen I still retain EU citizenship), but I am NOT a full-time resident in Portugal, due in part, to tax residency. AFAIK, if you are resident in Portugal (i.e. full time, more than 183 days PA) then whether your income is taxed in the UK or not does not change your status as being tax resident in Portugal, with an obligation to declare your income and assets to the Portuguese tax authority each year.

It might well be that the tax paid in the UK is offset against any likely Portuguese taxes, it may well be that this results in no taxable income in Portugal, but that does not mean that Portugal does not retain the right to assess you and make that decision. It may also be that you have not had to accept this status until now, as your financial activity in Portugal has not flagged your existence to the tax authorities, but many people kept their heads down and ignored the legalities in the past (i.e. not even registering their presence in the country). However, now that the satus of the UK is different, it might be advisable to confirm that your assumed tax residency and liabilities are correct.

I'll say nothing more
We're not here full time either, UK is our main home. For many years, we just visited and stayed with in-laws, using family cars. Later on, we bought our own car and needed a residents parking permit so declared our presence as though we were living at that address. Having retired 22 years ago and moved the boat here, we've obviously spent more time in country and have owned property for a few years. My residence converted to permanent as 5 year temporary had run out a few years before. Unlike many others on this forum, we have never wanted to live here full time and cut ties with UK so we just come and go as and when we want. When purchasing the property, we were aware it could have an effect on our tax status so went down to local tax office and asked the question. We were told not to bother doing returns unless our position changed and we had Portuguese income to declare. As usual, advice we received from one tax officer may well conflict with advice elsewhere.
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Old Feb 28th 2022, 11:24 am
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Default Re: Stay a UK tax resident

Originally Posted by macliam
If you think my answer is rude, then I suggest that you are not interested in the truth.

Take professional advice and arrange your affairs accordingly. If this suggests you will be disadvantaged by living in Portugal, then it is your choice whether to take residence or not. However, if you are looking for a loophole to allow you to have the advantages of business and income from the UK and the lifestyle in Portugal, then i would invite you to ask yourself why others are telling you it can't be done.
I agree. I've outlined our position above, which is quite different to OP's. One question we were asked when at tax office was whether we did any remote working here with payment in UK as that would be counted as taxable income, even if PAYE had been deducted in UK..
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