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Fiscal representatives for non residents
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Guest
When we arrived in Portugal to live some 5 years ago, "the lawyer" we were introduced to by an estate agent used paperwork displayed "associates" when they were not. We are now aware of many who thought likewise and like ourselves used their premises as a Fiscal Office. I can tell you that we were placed in all sorts of trouble, which has taken a considerable amount of time to sort out. Thankfully, our daughter who speaks several languages one of which Portuguese and with a Masters Degree was able to fly over to translate the various documents and attending various departments with myself and husband. This together with my UK legal knowledge, we were finally able to get to grip with very serious matters. So if it costs us just that little bit more to feel secure and safe then so be it and as Biffa quite correctly states "you get what you pay for".
Sovereign I wish to thank your accountant for all his skills and information that he gave to us during an hour or so's meeting with him this morning.Your doing a great job for us and at last we feel confident that we have someone truely working for us and if perhaps one day we wish to sell our property.... we now feel confident that we have paid all our dues and will not get as many are presently doing a very nasty tax shock.
Nightrider
ps Astrid. You could do much much worse in not using a company such as Sovereign in Lagoa. A solicitador is loosly a Conveyancer, now come on would you ask a solicitor, barrister or a Conveyancer say in England to look after your Tax Affairs, I think not. Come on everybody put your thinking caps on...not for me..but for yourself and your pocket in the long run.
Sovereign I wish to thank your accountant for all his skills and information that he gave to us during an hour or so's meeting with him this morning.Your doing a great job for us and at last we feel confident that we have someone truely working for us and if perhaps one day we wish to sell our property.... we now feel confident that we have paid all our dues and will not get as many are presently doing a very nasty tax shock.
Nightrider
ps Astrid. You could do much much worse in not using a company such as Sovereign in Lagoa. A solicitador is loosly a Conveyancer, now come on would you ask a solicitor, barrister or a Conveyancer say in England to look after your Tax Affairs, I think not. Come on everybody put your thinking caps on...not for me..but for yourself and your pocket in the long run.
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nightrider
This has been a very interesting thread. It never ceases to amaze me that when people buy property abroad they somehow manage to loose their common sense.
Fortunately I used the services of Sovereign (as it happens), when I bought my property and ever since and have been very reliant on their continuing advice and service. Long may it continue
Fortunately I used the services of Sovereign (as it happens), when I bought my property and ever since and have been very reliant on their continuing advice and service. Long may it continue
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astrid
- CVO Regular
- Posts: 34
- Joined: Wed Feb 08, 2006 4:30 pm
- Location: Carvoeiro and the Netherlands
Many thanks Biffa for the new information item in the financial section
of this site, about fiscal representation!
By the way, with repect to the Portuguese tax law (see quote below),
what is the difference between an "agent" and a
fiscal representative? Is an agent necessarily somebody who has
a power of attorney? Or can it just be someone that one appoints,
for instance a friend, or even somebody one pays to manage
one's property?
> 3. The fiscal representative of a non resident entity, in the case where
> that is different to the agent of the non resident, must obtain the
> identification of that agent for presentation to the tax authority as well as
> reporting the non existence of any agent, in which case, unless it is
>proved to the contrary, the fiscal representative is regarded as liable.
I see some potential for confusion and legal mix-ups here...
With best regards,
*astrid*
of this site, about fiscal representation!
By the way, with repect to the Portuguese tax law (see quote below),
what is the difference between an "agent" and a
fiscal representative? Is an agent necessarily somebody who has
a power of attorney? Or can it just be someone that one appoints,
for instance a friend, or even somebody one pays to manage
one's property?
> 3. The fiscal representative of a non resident entity, in the case where
> that is different to the agent of the non resident, must obtain the
> identification of that agent for presentation to the tax authority as well as
> reporting the non existence of any agent, in which case, unless it is
>proved to the contrary, the fiscal representative is regarded as liable.
I see some potential for confusion and legal mix-ups here...
With best regards,
*astrid*
Fiscal rep
The definition of who might be regarded as an agent is rather unclear. We have used the word agent as it is not easy to translate into understandable terms the word of the legislators.
The law uses the words "Os gestores de bens ou direitos de não residentes". In other words someone "managing" the activity of the person or company here in Portugal in their absence.
Thus it doesn't necessarily have to be someone acting under power of attorney we feel but somone actually representing the person here and attending to their daily business. Thus we believe it could embrace managing agents and the like. Only if and when the law was tested would the intent of the legislator be clarified.
The law uses the words "Os gestores de bens ou direitos de não residentes". In other words someone "managing" the activity of the person or company here in Portugal in their absence.
Thus it doesn't necessarily have to be someone acting under power of attorney we feel but somone actually representing the person here and attending to their daily business. Thus we believe it could embrace managing agents and the like. Only if and when the law was tested would the intent of the legislator be clarified.