Fiscal Representation

mikem1 New member

3POSTS

5 years ago

Hi,
My name is Mike and 12 years ago we bought a plot of land in Portugal and built a holiday home on it. As part of the buying process our then lawyer told us we needed to have NIfs which we acquired via our lawyer.
We don't rent our holiday home out and never have but we are being told we have to have a fiscal representative or face being fined.
We don't earn any money in Portugal but we do pay council tax even though we only visit two or three times a year for 3 weeks at a time. The rest of the time the place is empty.
We don't have any friends in Portugal whom we could ask to represent us.
We can't ask the lawyer we had because he did something that meant we had to register a complaint against him, this was several years ago, but now none of the local lawyers will act for us.
I have found one lawyer who is based in Lisbon who will represent us be he wants to charge us 800 euros a year.聽
Do I need a NIF and thus fiscal representation if I/we don't earn any money in Portugal?
Thanks in advance.

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hazmog Active member

50POSTS

5 years ago

You can get one and they will act as your fiscal representative.

Good luck!

mikem1 New member

3POSTS

5 years ago

Hi,
Thank you for your very quick response.
I have checked the website and it looks like it's a site for requesting a NIF on line.
We already have NIFs so I have e-mailed them asking what to do about just requesting fiscal representation.
Thanks a lot.
Mike

Jean Denise Contributor

196POSTS

5 years ago

Hi why don鈥檛 you get an accountant to be your fiscal representative, we have 1 & she does our IRS for us every year (3yrs) that we have been living here we don鈥檛 earn any money in Portugal as we are retired but we have UK private pensions.
For what she charges us to keep us legal is not worth worrying about & its far cheaper than paying either a solicitor or the 7,500鈧� fine if you don鈥檛 get representation.
We went to our solicitor & asked her advice she put us in contact with our accountant.
Good luck whichever way you go.

mikem1 New member

3POSTS

5 years ago

Hi,
Thanks for your reply and your suggestion.
I don't understand why you have an accountant if you are retired and live in Portugal as your UK pension is taxed at source.
Just waiting for NIF Online to get back to me, no call centres all communication is digital, and then may persue the accountant route.
Thanks again.
Mike

Blendcables Member

10POSTS

4 years ago

Wow wish I came to know about this sooner. I got charged $150 at bordr io

Can you tell me what does fiscal representative do? Does he also pay our taxes?

Jean Denise Contributor

196POSTS

4 years ago

Hi Blendcables
I think you would have to give your fiscal representative power of attorney but you would have to talk to said person about it

Blendcables Member

10POSTS

4 years ago

I havw already given power of attorney to my fiscal representative. But won't he do my taxes? I mean do I need to hire an account as well?

paulinesumner Member

19POSTS

4 years ago

Basically anyone who is a resident and lives in Portugal can be a tax representative as they are only responsible for passing on your mail from the tax office,聽 YOU are responsible for your own tax, if you are capable of correctly filling in your own tax return then you can still do it yourself, otherwise you can employ an accountant.

Blendcables Member

10POSTS

4 years ago

#10

However, here it says -

Responsibility of the Fiscal Representative
The Fiscal Representative is responsible for ensuring compliance with accessory tax obligations, such as obtaining the tax identification number of the non-resident (鈥淣IF鈥�), submitting tax declarations (Modelo 3, Modelo 22, IES, VAT), keeping records to verify expenses and income and providing any requested clarifications to 鈥淎T鈥�.

Doesn't submitting tax declaration means help in tax return? Sorry I am not sure how things works there.

paulinesumner Member

19POSTS

4 years ago

#11

The Very Best place to find Correct information isn鈥檛 the newspaper or social media. To be safe
Look at the PT Government website

1 member reacted to this post

TonyJ1 Contributor

164POSTS

4 years ago

#12

Only civil pensions should be taxed at source - other pensions taxed in the country of residence - refer to double tax treaty

TonyJ1 Contributor

164POSTS

4 years ago

#13

mikem1 wrote:
Hi,
My name is Mike and 12 years ago we bought a plot of land in Portugal and built a holiday home on it. As part of the buying process our then lawyer told us we needed to have NIfs which we acquired via our lawyer.
We don't rent our holiday home out and never have but we are being told we have to have a fiscal representative or face being fined.
We don't earn any money in Portugal but we do pay council tax even though we only visit two or three times a year for 3 weeks at a time. The rest of the time the place is empty.
We don't have any friends in Portugal whom we could ask to represent us.
We can't ask the lawyer we had because he did something that meant we had to register a complaint against him, this was several years ago, but now none of the local lawyers will act for us.
I have found one lawyer who is based in Lisbon who will represent us be he wants to charge us 800 euros a year.聽
Do I need a NIF and thus fiscal representation if I/we don't earn any money in Portugal?
Thanks in advance.

The requirement for fiscal representation has been postponed for 12 months ie this requirement has been suspended until 1 July 2022.
If there is no Portuguese source income, then this requirement can be avoided by using a registered notification email - only CTT provide this service in Portugal - refer to article 19 - 14 of the LGT law (Lei Geral Tributaria - available on the tax authority's web site)