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001-E Introduction : Home
011-E Property Management Contract : 010-E-Our activities
101-E Short term Rentals : 100-E-Lettings & Rentals
022-E Translations : 010-E-Our activities
012-E Tax Returns : 010-E-Our activities
129-E Price list : 120-E-Other services
123-E Assistance with the sale : 120-E-Other services
124-E Assistance with purchase. : 120-E-Other services
002-E More about Us : Home
032-E Garden Maintanence : 030-E-Your Home
031-E Swimming pool maintanence : 030-E-Your Home
020-E Valuations : 010-E-Our activities
103-E Long term rentals : 100-E-Lettings & Rentals
014-E Taxation on Rental Income : 110-E-Tax services
041-E Electricity : 040-E-Utilities
043-E Water : 040-E-Utilities
042-E Gas : 040-E-Utilities
044-E Telephone : 040-E-Utilities
131-E Car Issues : 130-E-Transport
132-E Renting a car : 130-E-Transport
061-E Multi Risk House Insurance : 060-E-Insurances
065-E Insurance staff : 060-E-Insurances
053-E Social Security staff : 050-E-Staff
111-E Rates : 110-E-Tax services
045-E Alarm system - House protection : 040-E-Utilities
035-E Repair and Maintenance : 030-E-Your Home
071-E Borehole or Well : 070-E-Water issues
073-E Water softenors and other : 070-E-Water issues
074-E Purification system : 070-E-Water issues
081-E Central Heating : 080-E-Heating & Cooling
084-E AirCo : 080-E-Heating & Cooling
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104-E Tax on Rental Income : 110-E-Tax services
105-E The whole picture about rentals : 100-E-Lettings & Rentals
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034-E Condominium rules : 030-E-Your Home
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015-E The Marketing of your property : 010-E-Our activities
106-E Holiday Letting Licenses : 100-E-Lettings & Rentals
041-E Electricity : 040-E-Utilities
113-E Fiscal Representation : 110-E-Tax services
101-E Application AL License : 100-E-Lettings & Rentals
021-E Fiscal Representation : 010-E-Our activities
112-E Tax Returns : 110-E-Tax services

001-D Introductie : Home
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123-D Assistentie bij verkoop : 120-D-Andere Diensten
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print article113-E Fiscal Representation

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113-E. FISCAL REPRESENTATION:

 

Anybody in Portugal owning a property, having a bank account or a car, need/want an official fiscal representative in Portugal.

 

If you appoint ROBAN-ReAct Ldª all correspondence will be sent to our office and we will deal with it.

We are able to communicate with the Tax Authorities on a daily basis. 

You are allowed to do it yourself but all communication will be in Portuguese.

For Offshore companies, it is compulsory to have an F.R. in Portugal itself.

By appointing us we can represent and defend your interest with the Portuguese authorities.

 

Fiscal Years runs from 01/01 till 31/12 and we will invoice you during the month of December related to the year running

 

OUR FEES for 2017  ex. 23% IVA (VAT) are:

 

Fiscal representation per person

p/y and p/d

€ 120, 00

Registration fee to Finanças

1 x

€ 10, 40

Additional fee per spouse or additional owner

p/y and p/p

€ 30, 00

Offshore representation

p/c and p/y

€ 180, 00

Additional fee for multi properties

p/p

€ 30, 00

Additional cost will be charged on an hourly basis

p/h

€ 30,00

 

   In case ROBAN ReAct has been your representative for less than 6 months during a fiscal year you are       entitled to a discount of 33,33%

Included in our fees are an initial meeting to discuss your requirements.

In case you are already a client, a yearly meeting will be included to discuss your situation.

 

In case ROBAN ReAct is already your representative and you want to change or end our involvement this has to be done before the end of a fiscal year otherwise we could be entitled to a full years fee.

It is up to you to change this in the tax department and inform us of prove of change.


You may have heard already that the Portuguese Government now has taken serious measurements to ensure that taxes like I.M.I. (Rates or council tax), Mais-Valía (Capital Gains Tax) and I.M.T. (Transfer tax or Stamp duty) are really paid and collected.

For the non-Portuguese property owner, they have now enforced a law that stipulates that every non-Portuguese individual or company purchasing, owning or selling a property in Portugal must appoint a Fiscal Representative and this appointment must be registered in the local Tax Department.

 

Each entity is now starting to insist on the application of the law and soon it will be impossible to do any purchase or sales transaction without the fiscal representative being known to the authorities.

 

The law insists that a fiscal representative must be a Portuguese national, holder of a Portuguese Residency Permit or a Portuguese company set up for this purpose. It is easy to understand that almost no Portuguese individual, friend, estate-agent, lawyer or solicitor is prepared to put his/her own assets at risk by acting as a Fiscal Representative for a third party foreigner he/she hardly knows.

 

The Fiscal Representative will receive all correspondence from the Finançes relating to tax on the property and property owner and takes on all responsibility on behalf of the registered property owner for all payments to the D.G.T. (Tax department) of Income-tax (I.R.S.), stamp duty (I.M.T.), Corporation tax (I.R.C.), Capital Gains Tax (Mais Valía), Council Tax (I.M.I.), Presumed Rental Income Tax (I.R.S. or I.R.C.) and Value Added Tax (I.V.A).

 

The F.R. (Fiscal Representative) will be liable for submission of all annual Tax Returns and will be ultimately responsible for ensuring payment of any tax liabilities to the Portuguese authorities that pertain to the property and registered owners of the said property.


 

PROPERTY OWNERSHIP IN PORTUGAL AND THE LEGAL REQUIREMENT FOR FISCAL REPRESENTATION

 

ROBAN-ReAct,  enables foreign property owners to comply with the legal requirements now being enforced by the Portuguese government.

 

The law has stated for many years that any individual owning property in Portugal who is not Portuguese or does not hold Portuguese Residency MUST appoint and register a Fiscal Representative in Portugal. Similarly, any property owned in the name of a company (Offshore or Onshore) that is not registered in Portugal MUST appoint and register a Fiscal Representative in Portugal.

 

Previously the authorities had, for the most part, turned a “blind eye” to noncompliance with the law. However, since 2003 there has been a complete turn around in the government’s attitude towards this legislation and collection of taxes related to property ownership.

 

Starting with companies, the local Fiscal Authorities (Finanças) demanded to be made aware of the Fiscal Representative here in Portugal representing the property-owning company. The next step was to give concentration on properties owned in individual names. Failure to comply can ultimately lead to the sequestration or confiscation of the property concerned.

 

Most Tax Departments across the country are now demanding to know the name of the Fiscal Representative of the purchaser before allowing a sale to complete.

The Fiscal Representative is only permitted to be a Portuguese Company with statutes to perform this function or a Portuguese citizen or holder of a Portuguese Residency Permit.

The Fiscal Representative is ultimately responsible on behalf of the property-owning individual or company for the filing of the annual tax return (IRS or IRC) , payment of Council Tax (Contribução Autartica) and Capital Gains Tax (Mais Valia) in the event of sale of either the property or the shares of the company owning the property.

 

The management of ROBAN-ReAct has over 35 years direct experience in the Portuguese Real Estate market throughout the length and breadth of the country. ROBAN-ReAct complies with all the relevant legislation and carries extensive Professional Liability Insurance.

ROBAN-ReAct is happy to talk to individuals or companies interested in protecting their asset in Portugal and ensuring that this is not put in serious jeopardy by noncompliance or ignorance of the laws of the land now being rigorously enforced.


  

ECJ finds Portugal's Fiscal Representative requirement violates EU rules

13-May-2011
The European Court of Justice held, on 5 May 2011, that Portuguese provisions that oblige non-resident taxpayers who receive Portuguese-source income to appoint a Portuguese fiscal representative are in violation of the EC Treaty's free movement of capital rules, but not those required by the European Economic Area Agreement.

 

In European Commission v Portugal (C-267/09), the Commission asserted that the provisions under Article 130 of Portugal's personal income tax code constituted a restriction on the free movement of capital obligations under article 56 of the EC Treaty and article 40 of the EEA Agreement. It argued that the requirement was effectively a new charge on non-residents, who must pay representatives. Portugal argued that the provisions were necessary to ensure the effectiveness of fiscal supervision and the prevention of tax avoidance.

 

The ECJ held that the obligation to appoint a tax representative was an unjustified restriction on the free movement of capital in some circumstances but not in others. For taxpayers residing in other EU countries who receive Portuguese-source income requiring the submission of a tax return, the obligation to appoint a fiscal representative went beyond what was necessary to prevent tax evasion because the mutual assistance mechanism provided by Directive 77/799 was sufficient for achieving that objective. The Court found that, in such circumstances, the Portuguese provisions constituted an unjustified restriction of article 56 of the EC Treaty on the free movement of capital.

But for taxpayers residing in countries that are within the EEA but not the EU, the obligation to appoint a Portuguese fiscal representative was a justified restriction of article 40 of the EEA Agreement on the free movement of capital because the framework of cooperation between EU member states did not exist between member states and a non-member that had not entered into any undertaking of mutual assistance.

The Court found that the Commission had failed to establish that such agreements actually included sufficient mechanisms for the exchange of information to verify and monitor the returns submitted by taxable persons residing in those countries. It, therefore, held that, for taxpayers residing in countries that are a party to the EEA Agreement but are not a member of the EU, the obligation to appoint a fiscal representative did not go beyond what was necessary to achieve the objective of ensuring the effectiveness of fiscal supervision and preventing tax avoidance


 

Date Inserted: 21 December 2017
Last Updated: 22 December 2017
 
Have questions or comments on this article? email me

 

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