NHR and UK dividend tax

Are you able to share the database you use to consult the divided tax cases please? I am concerned that the tax adviser I spoke to isn't aware of how to find these cases.

Case mentioned in post #34 should be this one?... ( needs translation)

Case Law ("Jurisprudence") ​- Tax court decision regarding dividends received from Brazil by a Brazilian NHR in Portugal
https://caad.org.pt/tributario/decisoes … mp;id=2840

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It is highly recommended to correctly fill out annex J of your Portuguese tax declaration (IRS) - Table ("Quadro")  8. Dividends. There are tutorials to fullfill Annex J within the same PDF.

Annex J - Income obtained abroad / "Rendimentos obtidos no estrangeiro"
http://info.portaldasfinancas.gov.pt/pt … nexo_J.pdf

You can translate PDF into English using a Doctranslator, such as:
https://www.onlinedoctranslator.com

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Claims to the AT Portuguese Tax Authority about undue tax charges under convention to avoid double taxation:

Here:

https://info.portaldasfinancas.gov.pt/p … ional.aspx

you will find this:

Mod. 22 - RFI - Pedido de reembolso do imposto português sobre dividendos de acções e juros de valores mobiliários representativos de dívida, efectuado ao abrigo da convenção para evitar a Dupla Tributação entre Portugal e  ... (ex. Reino Unido)

CLAIM FOR REPAYMENT OF PORTUGUESE TAX ON DIVIDENDS FROM SHARES AND INTEREST FROM DEBT SECURITIES, UNDER THE CONVENTION FOR THE AVOIDANCE OF DOUBLE TAXATION BETWEEN PORTUGAL and ... (eg. UK)

https://info.portaldasfinancas.gov.pt/p … _22_uk.pdf

(English version available inside)

Any time you move you should advise the tax authorities - this is normally a requirement in most legal systems

https://caad.org.pt/tributario/decisoes

For Supreme court decisions - these are much more laborious, and will have to look at each supreme court's data base. There are some publications that summarise cases - I don't subscribe to them

The quality of Portuguese "tax advisors" I keep being referred to is very variable:

-no requirement for authorisation

-give different advice for the same question

-no service agreement so what is their liability to me if they misadvise me?

-and all that on top of the Portuguese system being so opaque with previous court cases not being publicly available

I don't have a lot of confidence in this system so far.

jwthompson239 wrote:

The quality of Portuguese "tax advisors" I keep being referred to is very variable:

-no requirement for authorisation

-give different advice for the same question

-no service agreement so what is their liability to me if they misadvise me?

-and all that on top of the Portuguese system being so opaque with previous court cases not being publicly available

I don't have a lot of confidence in this system so far.

You probably can say the same of advisors in most countries - whether regulated or not.  You will find that if you do get a service agreement anywhere, there will be let out clauses, caveats, etc - no guarantee of anything

If you want reasonable certainty on any issue, you can lay your 'cards on the table' and get tax rulings - it will bind the tax authority (though, even these will have let out clauses in some circumstances)

Thank you, I will definitely get a tax authority ruling before moving any larger amounts of money

slugsurmamates wrote:

Ex.

Income from property rental in UK etc is ONLY taxable in UK, cannot be remitted, but can be offset against your annual UK Tax allowances which can be retained even though you are no longer a UK Tax Resident.
ie. If you rent out your home for 12 months x £1000/month, no tax payable in UK or Portugal.
(UK Personal allowance about £12,500 this year?)

Regards.

No restriction on the remittance of the property rentals ie they can remitted to Portugal

Thanks for sharing guys....Just been reading this with great interest. I too have been looking at Portugal & NHR. I currently live in Spain, have a UK company and aiming to take dividends whilst naturally paying as little tax as possible! Portugal was top of the list. Scratching my head about it!!!

Hi, sorry to prolong this complicated conversation But, I have just been to my first accountancy meeting and have been told that I WILL have to pay 28% tax on my small rental income ( although its not enough to pay tax in the UK) in Portugal, which goes against everything that I have read previously, unless I get nhr which will give me 10 years grace ??

paulinesumner wrote:

Hi, sorry to prolong this complicated conversation But, I have just been to my first accountancy meeting and have been told that I WILL have to pay 28% tax on my small rental income ( although its not enough to pay tax in the UK) in Portugal, which goes against everything that I have read previously, unless I get nhr which will give me 10 years grace ??

Are you on NHR and is the income from a foreign source, and if so, which country?

Not nhr yet & rental income from uk

paulinesumner wrote:

Not nhr yet & rental income from uk

Right - if you are on the ordinary regime, the rent can be at scale rates or 28% -your option. If you are on the nhr, then UK rentals (provided returns properly completed) will not be subject to tax for a period of 10 years - but the accountant should have explained all this to you

paulinesumner wrote:

Not nhr yet & rental income from uk

You have to request the NHR status - it is not automatic