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Stay a UK tax resident

Stay a UK tax resident

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Old Feb 28th 2022, 11:26 am
  #16  
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Default Re: Stay a UK tax resident

Originally Posted by GrahamF
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.
It really depends on where you are tax resident.... the rules are relatively simple. There is a difference between residency and tax residency.... I have avoided either, due to the impact of residency on my life in the UK (driving license, insurances, etc. etc.) as well as the issues of taxation. If you are NOT present in Portugal for 183 days per calendar year or more and don't fall into any other category defining you as tax resident in Portugal, then you are OK..... but as the saying goes "it's complicated".
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Old Feb 28th 2022, 11:28 am
  #17  
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Default Re: Stay a UK tax resident

Originally Posted by Karmal123
Or would the golden visa more appropriate in this case
I would say it's definitely an option for you and you don't have to be tax resident in Portugal unless you go over 183 days. The areas in Portugal where you can buy property under this scheme are limited now but I think parts of my area (Castro Marim) still qualify.

Your best bet is to get in touch with an organisation that specialises in golden visas and get some proper advice.

Alternatively, get an EU passport if you are eligible!



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Old Feb 28th 2022, 11:39 am
  #18  
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Default Re: Stay a UK tax resident

Originally Posted by Lou71
I would say it's definitely an option for you and you don't have to be tax resident in Portugal unless you go over 183 days. The areas in Portugal where you can buy property under this scheme are limited now but I think parts of my area (Castro Marim) still qualify.

Your best bet is to get in touch with an organisation that specialises in golden visas and get some proper advice.

Alternatively, get an EU passport if you are eligible!
An EU passport won't help with tax residency..... this is based on residency, not citizenship
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Old Feb 28th 2022, 11:40 am
  #19  
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Default Re: Stay a UK tax resident

Originally Posted by macliam
It really depends on where you are tax resident.... the rules are relatively simple. There is a difference between residency and tax residency.... I have avoided either, due to the impact of residency on my life in the UK (driving license, insurances, etc. etc.) as well as the issues of taxation. If you are NOT present in Portugal for 183 days per calendar year or more and don't fall into any other category defining you as tax resident in Portugal, then you are OK..... but as the saying goes "it's complicated".
As you say, it's complicated and there's a Catch 22 situation. If resident for >183 days, one's supposed to be in tax system but, if not in country for at least 183 days, temporary residence can be cancelled. With permanent, I can be out IIRC for 2 years. After Brexit vote, many applied for temporary residence, not because they want to live here but don't want to be limited to 90-/180. When passports are scanned on entry/exit, border staff know exactly when we arrived or left and I do wonder if they are instructed to ignore the residence stay rules or just can't be bothered. May well change when new EU database up and running in a year or two.
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Old Feb 28th 2022, 11:55 am
  #20  
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Default Re: Stay a UK tax resident

Originally Posted by GrahamF
As you say, it's complicated and there's a Catch 22 situation. If resident for >183 days, one's supposed to be in tax system but, if not in country for at least 183 days, temporary residence can be cancelled. With permanent, I can be out IIRC for 2 years. After Brexit vote, many applied for temporary residence, not because they want to live here but don't want to be limited to 90-/180. When passports are scanned on entry/exit, border staff know exactly when we arrived or left and I do wonder if they are instructed to ignore the residence stay rules or just can't be bothered. May well change when new EU database up and running in a year or two.
Tell me about it! I have been dancing this Tango for many years... and my continued European citizenship allows me to stay longer than a UK citizen, but doesn't help with the rest. The whole area of citizenship, residence and tax-residence is a quagmire...... and in our cases, being married to Portuguese citizens makes it even more complicated.

I would dearly love to take residency, were it not that it would impact my life outside Portugal, i would accept tax residency for current income and assets in Portugal, were it not that assets built up and investments made during a lifetime outside Portugal would not suddenly become a windfall for the Portuguese state. But we are where we are....
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Old Feb 28th 2022, 12:11 pm
  #21  
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Default Re: Stay a UK tax resident

Originally Posted by macliam
An EU passport won't help with tax residency..... this is based on residency, not citizenship
Maybe, but it would make life a darn sight easier for the OP, cost much less than a golden visa and give them a greater degree of flexibility. Have you seen the nightmare procedure (admittedly self inflicted) the British have to go through for EU residency now?
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Old Feb 28th 2022, 12:12 pm
  #22  
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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've been weeks away from moving to various parts of Portugal for the past five years but if you are serious this time you might want to explore whether creating a limited company would work for you. I don't know so the following is just a thought:
The limited company would be a UK entity and liable for corporation tax in the UK and give you access to UK loans but personally you could become PT resident (and tax resident) using the D7 route and have your income and dividends taxed in PT under the NHR scheme. As has been suggested, for a few quid it's worth buying the Blevin Franks Living in Portugal book.

Otherwise, we'll hear from you next year!
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Old Feb 28th 2022, 12:24 pm
  #23  
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Default Re: Stay a UK tax resident

Originally Posted by NSG666
You've been weeks away from moving to various parts of Portugal for the past five years but if you are serious this time you might want to explore whether creating a limited company would work for you. I don't know so the following is just a thought:
The limited company would be a UK entity and liable for corporation tax in the UK and give you access to UK loans but personally you could become PT resident (and tax resident) using the D7 route and have your income and dividends taxed in PT under the NHR scheme. As has been suggested, for a few quid it's worth buying the Blevin Franks Living in Portugal book.

Otherwise, we'll hear from you next year!
Ltd company would be liable to Portuguese taxation because the director would be Portuguese resident

OP's previous plan was to move to Portugal for 10 years under NHR (and then presumably move for another tax advantage) but they decided this wasn't good enough for them, so now they are searching for a new dodge which will give them the perfect advantage to themselves

If they'd taken the time to read previous threads then they would know:
1) This doesn't work, tax authorities are smarter than them
2) Some of us get a little tired of the endless flow of new people who turn up then disappear again when they discover that moving countries actually comes with some problems and responsibilities
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Old Feb 28th 2022, 4:27 pm
  #24  
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Default Re: Stay a UK tax resident

Originally Posted by macliam
Tell me about it! I have been dancing this Tango for many years... and my continued European citizenship allows me to stay longer than a UK citizen, but doesn't help with the rest. The whole area of citizenship, residence and tax-residence is a quagmire...... and in our cases, being married to Portuguese citizens makes it even more complicated.

I would dearly love to take residency, were it not that it would impact my life outside Portugal, i would accept tax residency for current income and assets in Portugal, were it not that assets built up and investments made during a lifetime outside Portugal would not suddenly become a windfall for the Portuguese state. But we are where we are....
I've actually wondered about giving up residency to make life easier as just a tourist but haven't been able to find the info I need. Being married to an EU citizen allows unlimited time in EU (in her company) and usual reporting if in any State >3 months but, I can't find anything to say I must have residence in her State of citizenship or, elsewhere in EU. Although my passport would indicate I'm in Portugal >3months at a stretch, in truth we're often away sailing in Spain, Gib or Morocco, although there are no exit stamps to confirm this. Any thoughts?
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Old Feb 28th 2022, 5:00 pm
  #25  
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Default Re: Stay a UK tax resident

Originally Posted by GrahamF
I've actually wondered about giving up residency to make life easier as just a tourist but haven't been able to find the info I need. Being married to an EU citizen allows unlimited time in EU (in her company) and usual reporting if in any State >3 months but, I can't find anything to say I must have residence in her State of citizenship or, elsewhere in EU. Although my passport would indicate I'm in Portugal >3months at a stretch, in truth we're often away sailing in Spain, Gib or Morocco, although there are no exit stamps to confirm this. Any thoughts?
The likelihood is that your marriage would give you a by in Portugal, but not in the EU as a whole (but I've no proof to back this up). The other factor is that you woould not be able to be within the Portuguese health service AFAIK (again no proof, but I couldn't get a number as a non-resident) and there may be other impacts. If your residency is not impacting you in the UK (as mine would) then there seems little point in rocking the boat..... why do you think it would be an advantage to you?
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Old Feb 28th 2022, 5:41 pm
  #26  
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Default Re: Stay a UK tax resident

Originally Posted by macliam
TIf your residency is not impacting you in the UK (as mine would) then there seems little point in rocking the boat..... why do you think it would be an advantage to you?
Residence here has had no impact for me in UK as we're still resident there but cancelling my Portuguese residence would avoid having to to deal with anything "official", no grey area with tax or, need for driving license exchange, medical, etc. You're correct about loss of free health care but UK EHIC would suffice. Wife would remain as dual citizen with usual benefits in both places. I really don't see a downside if free travel would still apply with marriage.
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Old Feb 28th 2022, 7:04 pm
  #27  
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Default Re: Stay a UK tax resident

Originally Posted by GrahamF
Residence here has had no impact for me in UK as we're still resident there but cancelling my Portuguese residence would avoid having to to deal with anything "official", no grey area with tax or, need for driving license exchange, medical, etc. You're correct about loss of free health care but UK EHIC would suffice. Wife would remain as dual citizen with usual benefits in both places. I really don't see a downside if free travel would still apply with marriage.
I'm going to say what I always say and that is find out properly direct from the EU before you do anything drastic like cancelling residency. You are protected by your wife's EU citizenship and exempt from the 90/180 day travel rule but it always better to check with the EU rather than take someone else's word for it. You (UK nationals) are no longer entitled to use this service but as an EU national, your wife can send an email to the Commission setting out the precise details of your particular case (remember, every case is slightly different) and you will receive a reply within in a few days.

I'm an EU national with a British partner and that it what I did. It's an excellent service and it will give you the charity you need.
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Old Feb 28th 2022, 7:38 pm
  #28  
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Default Re: Stay a UK tax resident

Originally Posted by GrahamF
I've actually wondered about giving up residency to make life easier [...]
You seem to have qualified for permanent residency, somehow. Doesn't that also mean you've qualified to apply for Portuguese nationality, which would then allow you to lose your residency without any meaningful loss of rights?
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Old Feb 28th 2022, 9:48 pm
  #29  
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Default Re: Stay a UK tax resident

Originally Posted by RichardHenshall
You seem to have qualified for permanent residency, somehow. Doesn't that also mean you've qualified to apply for Portuguese nationality, which would then allow you to lose your residency without any meaningful loss of rights?
Yes, I could obtain citizenship but don't want to become a Portuguese national.
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Old Feb 28th 2022, 9:51 pm
  #30  
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Default Re: Stay a UK tax resident

Originally Posted by GrahamF
Yes, I could obtain citizenship but don't want to become a Portuguese national.
Oops. Wrong word. Citizenship is what I meant. I think it might be too late for you to become a Portuguese national!
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