The End of Portugal's Non-Habitual Residence (NHR) Program Announced

So before applying for NHR, we just have to change our NIF address to Portugal. I found this website with detailed instructions on how to do this. And this website states thatā€¦

ā€œFinally, you must send your new proof of address. This must be a single file no larger than 2 MB. This could be the CRUE, the residentā€™s certificate or a valid tenancy agreement.ā€

So it looks like we just need a lease agreement or a deed (of course, as well). No need for a residency card.

Sounds like something we could or should do without an accountant or lawyer? Other websites like bordr have stated a need for legal residence but it seems like if we read the law as written, this should not be necessary.

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Could you please expand on your comment?

Are you saying that you can move to Portugal, full time, whilst awaiting pre-approval?

If you applied before 2022, yes. Covered in this thread:

Actually, you could. You will be considered an ā€œirregular residentā€, which allows you to reside on tne national territory whilst your case is pending before the SEF. It has nothing to do with whether your application was filed prior to the January 1st of 2022.
I have been living in Portugal already a year even though I still do not have my residency card (though I have pre-approval). Nobody really cares about your status here unless you are looking for employment. Going through the border checks here (I flew to/from US and UK) is a mere formality - they just stamp my US passport. Travelling to other EU countries does not involve a border check, either by car (Spain and France) or plane (Italy).

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Thank you for that information.

Given the end of the NHR scheme in Portugal, I thought it would be useful to share some of the other low-tax alternatives in Europe to consider. Hereā€™s a useful link from IMI:

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First, I am very grateful for this forum. Without it, I would not have known about the proposed changes with the NHR. That said, this has the potential to change everything for me. Without NHR, I will not be moving to Portugal. Let me see what my lawyer says about my situation. Iā€™m already on the borderline of abandoning my Golden Visa (2.5 years after an investment and still no residence card).

Just to point out that I got my NHR status without physical attendance in Portugal, and several months before receiving my first GV card.

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Can you share the process?

Remember that under international law, the state that has the right to tax is the state of RESIDENCY, which is why NHR is attractive. A few countries such as the US which operates citizenship-based taxation, make scenarios a little more complex, and real estate taxes (always in jurisdiction of asset) and government income) usually taxed at source and not taxable anywhere else) add extra lawyers of complexity for those to whom it applies.

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Already did, just check my earlier posts in this thread.

When you purchased your house did you specify it as Primary or Secondary on the deed?

I think there is a lot of confusion here about who can apply for NHR status. As long as you have a NIF and are registered on the portal, even if it is through a fiscal agent, you can submit the election. A fiscal agent is used precisely when you are not a tax resident. That starts the 10 year clock. But you donā€™t have to use NHR.

We put it primary. That does not affect the NHR status. You can apply for NHR if you own a home. The difference is a small change in the tax when you buy.

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  1. You need to become resident, than apply for NHR regime. Portugal also has partial residency for the year of arrival and for the year of departure. So you may be a resident couple of months onlyā€¦
  2. Beeing a resident with NHR you may apply or not apply NHR regime. Whatever is better for you this year.
  3. You may become non-resident again and it will not change the fact that NHR is already received. The only thing is that the 10-year clock does not stop even despite you not a resident. But you could become resident again after 5 years and use the rest of 5 years of NHR.
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Weā€™re going to stick with the GV and once we have the EU passport, there are 26 other countries we could move to. Moving to Europe is a long way off for us anyway, so we always thought the tax regimes of various countries would have changed by that time.

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Recommendations for someone to help with NHR applications?

If someone assists with an NHR application, like a firm, do they also need to be your fiscal representative? Or can you keep your fiscal representative with someone like Bordr if you opened it with them?

When you become a resident (change of address in NIF) you do not anymore have a tax representative. Be sure to get the password to Tax portal from them.

Then you may give that password to any firm or stay with the old one if you are happy with them. Mine was done by tax department of my immigration lawyers firm. While the tax representation was kept in the parent firm of my lawyers during all 5 years (the firm split during my first GV permit and every lawyer took their client base)

Hi globextraderā€¦do you feel comfortable sharing your lawyerā€™s contact info? We are headed to Portugal for the entire month of November for what was supposed to be our scouting trip to narrow down a neighborhood. We would love to get a jump on applying for the NHR and need some solid guidance and a fiscal rep or lawyer willing to help us move it along. Thank you.

I suggest contacting my accountant. Her name is Marcia. She is based in Funchal and her number is 926 332 923. Let her know Kent passed you her contact info. From what I read on finances website, all that is necessary to get NHR is fiscal residency, which you can do with a lease. I am not sure yet in practice.