British Expats
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British Expats (https://britishexpats.com/forum/)
-   Portugal (https://britishexpats.com/forum/portugal-89/)
-   -   Stay a UK tax resident (https://britishexpats.com/forum/portugal-89/stay-uk-tax-resident-942950/)

Shanorme Mar 1st 2022 6:33 am
Re: Stay a UK tax resident
 
Originally Posted by GrahamF (Post 13098103)
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.
https://imigrante.sef.pt/en/direitos-deveres/

DUTY TO COMMUNICATE
  • Residents have a duty to inform SEF, within 60 days of the occurrence, any alteration to their civil status or place of residence
  • The holder of a temporary Residence Permit who intends to be absent from Portugal, during the validity period, for a timeframe exceeding six consecutive months or eight unsequential months has a duty to inform SEF before leaving national territory
  • The holder of a permanent Residence Permit who intends to be absent from Portugal, for a period exceeding twenty four consecutive months or, in a timeframe of three years, be absent thirty unsequential months, has a duty to inform SEF before leaving national territory
  • The holder of any other Long Term Residence Title, may not be absent from European Union territory for a period equal to or exceeding 12 consecutive months, or from national territory for a period equal to or exceeding six consecutive years, failing which the loss of such title may ensue.
  • Students of higher education institution holders of a residence permit may have a remunerated or independent professional activity provided they inform SEF accordingly, by submitting the contract or declaration of employment of the beginning of the activity within the tax authority, as well as a supporting evidence of registration on social security.

toots sweet Mar 1st 2022 10:17 am
Re: Stay a UK tax resident
 
" 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."

Someone correct me if I'm wrong but I think this might be incorrect.MY OH is A PT national and I was told I need to apply for residency to be able to stay in PT for an indefinite period. Told to me by our local Camara. Still have to keep to the 90/180 rule if outside PT.

GrahamF Mar 1st 2022 10:54 am
Re: Stay a UK tax resident
 
Originally Posted by toots sweet (Post 13098304)
" 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."

Someone correct me if I'm wrong but I think this might be incorrect.MY OH is A PT national and I was told I need to apply for residency to be able to stay in PT for an indefinite period. Told to me by our local Camara. Still have to keep to the 90/180 rule if outside PT.
It seems there's a catch - as usual. My understanding (which may not be correct) so far - Spouse or legal partner of EU citizen is allowed unlimited time in EU when travelling with them but, not when alone and I can't find any requirement for the (non-citizen) partner to have residence in EU. However, if they stay in one country for >90 days, then presence has to be reported, which presumably means he/she becomes resident and normal residence rules would apply. Seems the only option without residence anywhere is to keep moving.

RichardHenshall Mar 1st 2022 11:00 am
Re: Stay a UK tax resident
 
The residence reporting is generally required after a stay of 90 days.

GrahamF Mar 1st 2022 11:07 am
Re: Stay a UK tax resident
 
Originally Posted by RichardHenshall (Post 13098321)
The residence reporting is generally required after a stay of 90 days.
Yes sorry, my mistake 90 days is correct. I find the more I trawl through the various EU regulations, the more confusing it gets:(

EU.flag Mar 2nd 2022 11:29 am
Re: Stay a UK tax resident
 
Originally Posted by GrahamF (Post 13098323)
Yes sorry, my mistake 90 days is correct. I find the more I trawl through the various EU regulations, the more confusing it gets:(
What's confusing? Any stay over 90 days require registration or visa.

appman999 Mar 4th 2022 7:48 am
Re: Stay a UK tax resident
 
It is perfectly possible to be tax resident in both the UK and Portugal but then the delights of the UK/Portugal Income Tax Convention await.

Karmal123 Mar 4th 2022 2:38 pm
Re: Stay a UK tax resident
 
Yes yes I know I have been trying to do this for a while…sigh…I love how people pick that up if only I could have waved a wand it would have been so easy.

SgtTroy Mar 4th 2022 3:11 pm
Re: Stay a UK tax resident
 
Imho, unless there would be a clear advantage (and I could think of none) of being dual tax resident, one should avoid it, considering the complexities, the uncertainties, and the cost of compliance, to name but a few.


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