Author:
Isadora Ussene | Liaison Officer
Under certain circumstances, the Portuguese government requires individuals and businesses to appoint a tax representative. This representative will act on behalf of the taxpayer in dealings with the Tax Authority, ensuring compliance with Portuguese tax obligations and regulations.
More specifically, those who need a tax representative include independent workers, self-employed individuals, and foreign companies like branch offices. Failure to meet this obligation can result in legal repercussions as the appointment of a tax representative is required by law under these specific circumstances.
The tax representative must meet two key criteria:
Due to some amendments to the tax law, tax representation is not mandatory for everyone, to gain a comprehensive understanding of this topic, let's delve into the legislation governing tax representation in Portugal.
The primary legislation regulating tax matters in Portugal is the General Tax Law, outlined in Law Decree No. 398/98 dated 17th December 1998.
Upon closer examination of the General Tax Law, we find that Article 19 numbers 6 and 15, respectively, stipulate the following:
Based on this, if you are a taxable person who chooses to register on the digital platforms of the Portuguese Tax Authority (e.g., Portal das Finanças) or an official electronic mailbox (e.g., Via CTT), the appointment of a tax representative is optional. (Under certain circumstances).
This stance is further supported by Law Decree no. 44/2022, dated July 8, which was accompanied by circular letter no. 90057 issued by the Tax Authority on July 20, 2022.
The requirement for a tax representative arises when a taxpayer enters into a legal relationship with the Tax Authority and does not opt for subscribing to any of the electronic notifications from the Tax Authority.
Offering a straightforward answer to this inquiry poses a challenge, as it is a nuanced matter influenced by various factors specific to the situation. Considerations include whether the individual or entity in question is an individual or a corporate entity and other pertinent circumstances that could affect the particular case.
For taxable self-employed individuals with activity subject to VAT, non-resident corporate entities or other legally equivalent entities that cease their activity, having a tax representative is mandatory in Portugal.
For those for whom having a tax representative is optional as per legal requirements, opting for one in Portugal can be a prudent choice. It ensures seamless fulfilment of tax obligations in a foreign country, allowing individuals to fully embrace life in Portugal without the hassle of tax compliance. This affords them more time to immerse themselves in the beauty that Portugal has to offer.
In instances where having a tax representative is not mandatory, it is still crucial to appoint one. This representative ensures timely receipt of all notifications from the Tax Authority and ensures compliance with the legal deadlines in force, complementing even in the fiscal scope. The tax representative also informs of the right to complain or appeal, whenever applicable or necessary.
Additionally, it is imperative to note that all notifications and summons will be in European Portuguese. Fluency in this language is essential for effective comprehension and response.
Furthermore, while the Tax Authority website offers various tasks, each may have a distinct process. Prior knowledge of both the specific situation and the digital channel itself is advised to navigate the website effectively.
To gain a better understanding of the digital channels of Portuguese Tax Authority be aware of the following:
At Belion Partners, we specialise in tax representation, communication and notifications to and from the Tax Authority assessorship, bookkeeping and accounting services, tailored to meet the needs of individuals and corporate clients seeking tax compliance solutions in Portugal. Staying abreast of tax matters is crucial because it allows us to understand the complexities of engaging with the Portuguese Tax Authority, giving us a comprehensive perspective. This, in turn, enables us to provide customised solutions to meet each client's individual needs.
If you require assistance or information regarding tax representation in Portugal or any related matter,
reach out to us. We are here to provide expert guidance and support to your specific needs and circumstances.
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