Fiscal Representation in Portugal - Representation in IRS and VAT
The obligation to appoint a Fiscal Representative on IRS (Individuals)
Defined in the Individuals Income Tax Code (IRS) in Article 130, it is mandatory to appoint a Tax Representative whenever a person without residence in Portugal, or that while living in the country is absent for a period exceeding six months, get's income in Portugal subject to tax, or that for any other reason wishes to have the Portuguese Taxpayer Id Number (NIF).
It is also a legal requirement that all non-residents wishing to purchase a property in Portugal, or hold any assets, appoint a Tax Representative. The Fiscal Representative is legally responsible for receiving their fees, property taxes, inform the taxpayer of all tax obligations, and ensure that payment is made within the designated time limits.
The obligation to appoint a Fiscal Representative on VAT (Individuals and Companies with activity)
Defined in the Tax Value Added Code (CIVA) in Article 30, non-residents (individual or collective) without a permanent establishment in Portugal, that here practice taxable transactions in VAT, are required to appoint a Tax Representative who is also a registered subject of VAT tax.
Also all foreign citizens wishing to start an activity on their own (self-employed), will be required to appoint a Tax Representative for VAT, which is himself a taxable person for VAT. This applies even if you don't exceed the VAT exemption limit of CIVA Article 53 (10.000€ annual), since you practice taxable VAT transactions even being momentarily exempt.
The Fiscal Representative must have a power of attorney with sufficient powers to do so, and must comply with all VAT obligations, including registration, and is liable for the tax shown in debt, for the transactions carried out by the foreign company or indicidual. For this reason, this type of representation has increased responsibility for the representative. This requirement is optional for individuals or companies with headquarters or permanent establishment in an EU Member State.
Industries, activities and transactions that require a VAT registration in Portugal
The most common are: Event organizers, E-Commerce; Exporters with Warehouse Regime; Exporters with Consignment Programs; Supply and Install Contractors.
Please read our article here.
Consequences of not appointing a Fiscal Representative
In addition to the consequences that may result from not receiving the communications from the Tax Authority, with the failure to designate a Tax Representative, the taxpayer whether individual or collective, incurs in a tax offense subject to the payment of a fine from €50.00 to €5,000.00.
We provide the service of Fiscal Representation.
If you need assistance please contact us by email or via the contact form.