What did you exactly ask them to do? Remove your tax rep? On the basis of what?
I managed to remove fiscal representation for myself and my wife and daughter using the instructions in that link. It took a while but they eventually responded, enclosing new NIF documents with no fiscal representative.
My removal (different scenario) was simple but had to be done in person at local AT office. I kept getting errors as my PT was not sufficient at the time. At least at the Braga office they helped me quickly and in reality if my PT was better I wouldnāt have needed AT office assistance. If you are having issues with an unscrupulous agent try your local office the next time you are in country. Get a digital mobile key and the id.gov.pt and siga apps will help you get an appointment. If your local office is too busy try another nearby office - my residency appt was near Lisbon but I live in Braga for example.
So hereās a question I have not been able to find the answer to, what do you do when the tax rep is not giving you the information to get electronic access? My NIFs have been registered online (the CTT confirms this) by the tax rep. If I reset everything, it seems that they will just mail the new password to my tax rep, which obviously does me no good. I am not in Portugal and donāt have plans to be there for a while.
This has instructions on how to cancel the password - and re-register (section 9.2). It does say they will send a new password to your registered address (which will be your tax adviser currently) but it then says you have the option to update your address. I didnāt try this as my tax rep did give me the passwords but presumably this would allow you to get the new password delivered to another address.
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If your tax rep refuses to cooperate you can always sign up with a new tax rep first and then deregister them after a year.
Appreciate the responses. One follow up question of the address: can you put a foreign (e.g. U.S.) address in the CTT system or do I need to get a mailbox in Portugal? Thanks in advance.
I am not sure but logically since you are a non-resident you should be able to give a non-Portuguese address
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For what it is worth: I was able to remove my fiscal representative from my AT profile only AFTER I successfully changed my primary address from U.S. to Portugal. Your results may vary.
Thanks. Thatās a problem since we went the investment route rather than real estate. Iāve thought of using virtual mailboxes, but some commentators on Reddit have stated you canāt use those for AMIA or NIF.
Having a fiscal representative resident in Portugal is obligatory when the person is the owner of a vehicle and/or a property on Portuguese territory, or when the person works on Portuguese territory (whether for a third party, or as self-employed). The obligation for local fiscal representation is optional if the person resides in the EU/EEA.
Exemption from the obligation to have a locally resident tax representative occurs when the person is (i) not a tax resident in Portugal or EU or EEA; (ii) does not fulfil any legal requirements of having a Portugal tax status; (iii) is not subject to taxes in Portugal; (iv) has no tax obligations nor intends to have any tax obligations in Portugal. You must be contactable, as persons with tax liabilities can disappear withouy trace.
Information from the source (Portuguese Fiscal Authority- Autoridade TributƔria e Aduaneira) is at: https://www.apeca.pt/docs/informacaoapeca/oc_90054_2022.pdf . See this thread:
NIF: If no longer needed, must I still pay for fiscal representative and/or file taxes forever? - #16 by Onward. Your lawyer may be your tax representative, but you have the right to have direct access to the Portuguese Fiscal Authority portal.
No, this is not correct.
Please see my post above from Jan 3rd:
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Thanks. Have they changed the official rules? I couldnt find anything updated after 6 June 22. No need to answer, I found the link!
@tommigun I just read through your posts and you seem to have done the research on this. I have a question. I donāt live in Portugal, am not a tax resident, but I am invested in a fund for my GV and have Portuguese bank accounts. Are you saying that I no longer need a fiscal rep under the new rules? Or is having a fund investment or bank account considered a ātax obligationā that requires a fiscal representative?
My fiscal rep has just sent out an email saying they are winding up their business, so itās a good time to jump ship. Iām already registered with AT for online notifications with my US address anyway.
Jack, in your case you do not need a tax rep if you are signed up for notifications on the Portal.
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Great, thatās what I thought. Thanks for trudging through those regulations!