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Tutulo as a freelancer or Titulo as Hired worker, when you are CEO?

Dear fellow EXPATS

I am Mina, japanese, living here in Portugal for 10 years.

I entered here as a freelancer but  i set up mu company here 2 years ago.


My question is: my titulo di residencia is the type of TRABALHADOR INDIPENDENTE, freelancer.


But now, I receive salary from my company as a SOCIA GERENET, manager.


So, yesterday AIMA lisbon told me that I must show CONTRACT with my company to change my titulo into titulo as a dependent worker.


My accountant says that I do not need the contract, which actually I never made so far, because the ACTA (officially written company decisions? if translated) shows that I am Gerente and receive fixed salary.


Does anyone have a similar experience as a CEO??   


I do appreciate your helo    Mina from Oeiras

See also

Hi Mina,


To prevent AIMA from rejecting or delaying your application, the best approach is to bridge both worlds. Many foreign CEOs and entrepreneurs in Portugal face this exact issue and resolve it in one of two ways:


  1. Submit the Certidão Permanente + Acta: Your accountant should provide you with the updated Certidão Permanente (showing you are the Gerente) and the Acta stating your fixed salary. You should also include your recent payslips (recibos de vencimento) and your Social Security statements. Often, when AIMA officers see official payslips and social security contributions, they will accept the Certidão Permanente as proof of professional ties.


  1. Create an Employment Contract for AIMA (The "Safest" Route): If the AIMA officer you deal with is completely inflexible, the fastest and most hassle-free solution is to draw up an employment contract between your company (represented by you, or another partner if there is one) and yourself as an employee/manager. Although it seems redundant from an accounting standpoint, it is perfectly legal and provides the exact document that AIMA has on their checklist.


What you should do next: Ask your accountant for the following "kit" of documents to take to AIMA:


  1. The company's Certidão Permanente (valid access code).


  1. The Acta de Nomeação e Remuneração (Minutes of Appointment and Remuneration) as Manager.


  1. A Social Security Declaration proving that the company has registered you and that all contributions are up to date.


  1. Your last 3 payslips (recibos de vencimento).


If AIMA still insists on a contract, ask your accountant to draft a simple employment contract template between the company and you. In Portuguese public administration, sometimes giving them the exact paper they ask for—even if the Acta should technically be enough—saves you weeks of waiting.


Regards

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Dear Johnny   Thank you for your answer, which makes perfect sense. Tomorrow I thought I would visit again AIMA to clarify the situation, but your feedback almost made me feel that it is no more worth a visit. Yesterday I waited 10 hours before reaching a counter in Anjos AIMA!  I will do my best for my renovation.

Appreciating your help,

mina

1 member reacted to this post

I don’t think it’s worth you going there without taking the documents I mentioned. Have a talk with your accountant. His view is correct, but we have to provide the AIMA staff with what’s on their checklist. Sometimes they don’t even have any accounting knowledge… besides, AIMA is experiencing some problems again, given the high demand and the fact that they have fewer staff, as some are on holiday...

Dear Johnny and members, Thank you for your advice Johnny. Actually

yesterday I was again at Aima anjos mostly to update my address which was never concluded through Formulario de contacto. (I did not reach this goal either yesterday but this is another story. Now, today I tried again on web and the documents required should be Ok this time.) 

About the titulo as CEO, yes, I agree with you that Acta and Certidao would be OK. Just to update, or just to confirm the confusion of AIMA, even though we already know, yesterday the info.counter lady gave me totally different vision about the issue. According to her, the type of Titulo should not be changed to the one for Salaliado, hierd worker, so remainign as a freelancer,  and I need to submit only ACTA, Certidao, some Fatura of the company just to be sure. Contarato, no use, according to her. I told her that her colleague gave me very different information but that another lady was enjoying her day-off that day and we could not make a confront of 2 different views.    well well well...  always thrilling to be in AIMA wonderland!    I would go for ACTA and Cerdidao, anyway.    Thank you so much!  Mina

@JohnnyPT

Regarding this topic, which I submitted some months ago, I come back to ask.. As now I am preparing to renew my titulo, expiring in Nov.


    1    Certidão Permanente (showing you are the Gerente) and the Acta stating your fixed salary.


My Acta does nos state the exact amount of my salary. Do you think it is OK?



2  A Social Security Declaration proving that the company has registered you and that all contributions are up to date. 


In portuguese what is this document called? It is not the declaration of MY (personal) position in Social Security, right?  the contributions that the company made for me?



I am somewhat anxious about renewing my card..but who would be not?     Thank you very much for your help! I  Wishin you a Good Sunday        Kamado (Mina)

Hi Mina,


1. I don't know that detail


2..

How to obtain a Social Security Statement proving that the company registered you and that all contributions are up to date.


To prove that a company has registered you with Social Security and that the deductions/contributions are being made correctly, the appropriate document is the Statement of Earnings / Contribution History (Extrato de Remunerações / Carreira Contributiva).


Additionally, to prove that there are no debts or pending issues in your name (or the company's name), you can also issue a Statement of Contribution Status (Declaração de Situação Contributiva).


Both documents can be obtained free of charge and immediately through the Social Security Direct portal (Segurança Social Direta).


https://www.seg-social.pt/ptss/pssd/men … muneracoes


If you prefer, you can go in person to a local Citizen shop (loja do cidadão) next to where you live. Inside, you will find the Segurança Social  desk.


____

Online: " Segurança Social Directa " portal


How to obtain the Statement of Earnings (Contribution History):

This document details the history of salaries declared by the employer and the months in which earnings were registered.


1. Access the Social Security Direct portal (Segurança Social Direta).

2. Log in using the Digital Mobile Key (Chave Móvel Digital) or by entering your NIF / NISS and password.

3. In the top menu, select the Employment tab (or Work / Contribution History).


Emprego (ou Trabalho / Carreira Contributiva)


4. Click on Earnings and contributions

Remunerações e contribuições > Consultar carreira contributiva (ou Extrato de remunerações).


____


How to obtain the Statement of Contribution Status

If you are asked for an official statement showing no outstanding debts to Social Security:


1. Inside Social Security Direct, go to the Employment / Work menu.

Emprego / Trabalho


2. Select Earnings and contributions

Remunerações e contribuições > Declaração de Situação Contributiva.


3. Select Pedir nova declaração / Obter declaração.   Your PDF doc will be ready to download

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@JohnnyPT

Thank you very much Johnny for details about S.Social document. I'll give it a try. Alas, my company now has a debt of 50 euros some, not because of our fault but of the fault of S.S. At the moment we are waiting for their correction, It seems that I will need to pay this just to obtain free-debt situation..  Apart from that everything should work!!!  Beijinhos

Wishing you a great weak 

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