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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

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...

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