"Working from home" for a UK company, in Portugal
#31
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Re: "Working from home" for a UK company, in Portugal
Btw HMRC Statutory residence rules are quite complicated and a simple notification to UK tax authorities may not suffice for one to automatically become non-resident, it all depends on automatic tests, or, failing that, on sufficient ties test.
#32
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Re: "Working from home" for a UK company, in Portugal
You have to look at the residence article in the double tax treaty - remember that the dta superimposes over internal law
#33
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Re: "Working from home" for a UK company, in Portugal
https://www.gov.uk/hmrc-internal-man...ual/intm267626
#34
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Re: "Working from home" for a UK company, in Portugal
True, but DTA can provide relief or exemption from charge under domestic law, not so sure if DTA alone could provide for determination of residence status, which is what I was referring to, but I'm far from being an expert anyway.
https://www.gov.uk/hmrc-internal-man...ual/intm267626
https://www.gov.uk/hmrc-internal-man...ual/intm267626
#35
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Re: "Working from home" for a UK company, in Portugal
True, again.
Fortunately we personally had a very clean break from UK, which at least saved all the hassle of dealing with DTA.
Hence my recommendation to anyone would be to avoid situations whereby it may indeed take years to resolve disputes over at least few thousand euros/pounds of tax.
Fortunately we personally had a very clean break from UK, which at least saved all the hassle of dealing with DTA.
Hence my recommendation to anyone would be to avoid situations whereby it may indeed take years to resolve disputes over at least few thousand euros/pounds of tax.
#36
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Re: "Working from home" for a UK company, in Portugal
If you are resident you are taxed on a worldwide income basis. If you work remotely from Portugal, Portugal has the right to tax rather than the UK - I suggest you read carefully article 15 of the Portugal / UK double tax treaty.
I suspect the não deferido is because your address at the tax authority is still the UK, rather than your residence - you are supposed to keep the tax authority informed of any address changes (same in the UK, and other countries). I am sure the letter will list the reason why it was rejected - you just need to know how to interpret these letters.
I suspect the não deferido is because your address at the tax authority is still the UK, rather than your residence - you are supposed to keep the tax authority informed of any address changes (same in the UK, and other countries). I am sure the letter will list the reason why it was rejected - you just need to know how to interpret these letters.
I've attached the letter of "nao diferimento"
from AT.
#37
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Re: "Working from home" for a UK company, in Portugal
This says that according to the Portuguese tax database you were not a non resident in the previous 5 tax years as required by the statute. You can get this overridden if you can prove you were tax resident elsewhere - this is a result of not updating / notifying the PT tax authorities of your change of address
#38
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Re: "Working from home" for a UK company, in Portugal
Thanks again. Yes, I know this - all happened because I never told them when I left Portugal back in 1993.
I have provided them with all the required documentation from HMRC stating residency in UK, though, along with translation and legalisation. What I don't get is why they haven't accepted it!
I have provided them with all the required documentation from HMRC stating residency in UK, though, along with translation and legalisation. What I don't get is why they haven't accepted it!
#39
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Re: "Working from home" for a UK company, in Portugal
Thanks again. Yes, I know this - all happened because I never told them when I left Portugal back in 1993.
I have provided them with all the required documentation from HMRC stating residency in UK, though, along with translation and legalisation. What I don't get is why they haven't accepted it!
I have provided them with all the required documentation from HMRC stating residency in UK, though, along with translation and legalisation. What I don't get is why they haven't accepted it!
#40
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Re: "Working from home" for a UK company, in Portugal
No, that was not requested on any of the information provided by Financas.
How can I go about doing this, within Portugal?
How can I go about doing this, within Portugal?
#41
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Re: "Working from home" for a UK company, in Portugal
The authentication should be done in the UK - do a 'obtaining apostille in the UK' as a web search - it is done by the government, but if you are in Portugal you may need the assistance of a private facilitator. You may also attempt the British embassy, but I suspect that they will inform you to send the documents back to the UK.
#42
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Re: "Working from home" for a UK company, in Portugal
Thanks. Looks like this may be easier to do when I eventually get back to the UK in a month or two? Does any solicitor do it?
#43
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Re: "Working from home" for a UK company, in Portugal
#44
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Re: "Working from home" for a UK company, in Portugal
OK, thanks. I can contact the Foreign Office for this directly?