# Autoridade Tributária e Aduaneira



## 4rivers (Jun 16, 2011)

I have a small problem , actually it is turning into nightmare . 

I lost my password to access the Finance Office website , and I wrote to the finance office to explain my problem , and asked if they could issue me a new password , and send it by email , which they wouldn't do . They insisted they send it to my last address in Portugal , which was my residence , and although I own the house , I am not in residence . 
I have someone who picks up the mail , from time to time and scans and forwards anything that is important ( bills) . 
As they send the password by registered mail, I have yet after several attempts , not managed to get the password , because the registered mail is returned to the local finance office, if not picked up in a short time span . And although I have been in contact with the local finance office , and explained the situation , they have not been helpful, at all. 
Now because I don't have a password , there is no way I can change the address, on my account with the Finance Office , to my current address. And writing and asking the relevant department , does not work , as they play, pass the parcel . 

Does anyone have any suggestions - how I can resolve this problem . Please .


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## canoeman (Mar 3, 2011)

Financas will only write to the address registered on the Registo Central de Contribuinte

You can't make a change like this online, change of address details need to be done in person or by letter of authority via a Solicitor and even then can be problematical.

You don't make it clear whether your a Resident or a non Resident but it is very important information and should be clearly stated on your Personal details on the Registo Central de Contribuinte.


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## 4rivers (Jun 16, 2011)

Well thanks canoeman , and to answer your question , I was a resident , but now I am not - but for all intents and purposes , I don't plan to change my status on my Registro Central de Contribuite - if only to avoid CGT. I think I can resolve the problem using a POA through my lawyer, but with some reluctance, as the man has a heavy hand, when invoicing.


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## canoeman (Mar 3, 2011)

Dangerous game pretending to be a resident when not, as soon as you change your address as far as Financas is concerned that address is your place of Primary residence even if you don't alter your Resident status, so you won't escape non Resident CGT that way.


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## notlongnow (May 21, 2009)

> but now I am not - but for all intents and purposes , I don't plan to change my status on my Registro Central de Contribuite - if only to avoid CGT


Ah, gotcha - don't worry, those of us that still do things by the book will watch our tax rates go up every year without complaint to cover the grey economy and the people that bend the rules to save themselves some money. We don't mind.


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## 4rivers (Jun 16, 2011)

Canoeman - your comment is noted .Thank you . 

notlongnow - your comment is also noted , very charitable of you . I also note the IMI has gone up 25%+ this year .

CGT laws in Portugal concerning property and foreign nationals, imo are stacked against the average person/family . 
You will only really appreciate that, when you come, to sell a property, and find out, that only property improvements in the last three years are deductible. The co-efficient they use is not based on reality , and when you purchase another property in the European Union, you will pay ,whatever purchase tax (subject to country) is applicable in full. If you are a Portuguese national , the rules are a little different . But supposedly, we are all in the same boat .


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## canoeman (Mar 3, 2011)

There are 2 rules for CGT
1 Legal Residents Primary Home are Taxed at 25% on 50% of gain, they can re-invest gain within EU in a 5 year window (2 years before selling and within 3 years after) and not pay CGT, secondary homes do not get CGT relief
2 Non Residents are Taxed at 25% on 100% of gain, they do not get CGT relief i.e. re-investment

Resident and Non Resident can both claim exactly the same buying, selling, improvement costs to calculate CGT

As you are probably a legal Resident in Belgium now, you can't be a Resident in the Acores, so very dangerous for you to try and take advantage on option 1 as just one of proofs of re-investment outside Portugal reguired by Financas is your new Resident Registration so if dates don't match i.e after the date you sell 

IMI up 25% no, with re-valuation of property paying IMI under old valuation scheme yes there's some heavy increases but there limited to a certain % amount


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## 4rivers (Jun 16, 2011)

2 Non residents are now taxed at 28 % ,on 100% gain, from this year . 

Improvement costs , are those improvements made in the last three years , prior to the sell date. 
On a personal level , that means all the money I used to improve my property, over the primary ten year period is lost, and taxed, yet again. 

Legal resident - dangerous - yes, duly noted. But what I really object to , is that Portugal can be in breech of EU rules - but we , have to abide by Portugal's (CGT) rules. 

IMI up 25% + , yes , for me , this was the case . It may not be the case, on the mainland. 

Below is a quote for CGT, from my local tax office , based on costs that I gave them, which were not quite accurate . But I wanted to get a feel , for how much I was going to be, hurting. 

Tal como solicitado, somos a informar como se segue:

Venda de um imóvel situado em Portugal por um sujeito passivo não residente.
Valor da venda ------------- 70.000.00€
Valor da aquisição --------- 20.000.00€
Despesas (Sisa) ----------- 2.525.00€
Fator desvalorização da moeda ----- 1.39 ara o ano de 2011, para o ano de 2012 ainda não foi publicado a Portaria respectiva e em 2013 será outra, contudo, não será muito diferente da de 2011 (1.39).

Cálculo da Mais-valias
MV = VR - (VA x 1.39) - Despesas
MV = 70.000 - (20.000 x 1.39) - 2.525€
MV = 39.675 €

Cálculo do Imposto (IRS)
39.675 € x 28% = 11.109 €

OBS: Os sujeitos passivos não residentes não benefeciam da redução das Mais-valias para 50% e não têm direito a abatimentos ao rendimento coletável.


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## canoeman (Mar 3, 2011)

Has the 28% been passed yet?

What you haven't included are your full buying and selling costs

So it's purchase price as stated on A= Escritura + (Purchase price X inflation co-efficient)
B = Selling prices as stated on Escritura 

C=Costs to buy, SISA(IMT), Stamp duty, registration, solicitor, POA if used, maybe survey or ground plans

S=Selling costs Energy Certificate, estate agent commission if their registered agent and named in selling Escritura, you can't claim a solicitor if you use one to sell but could claim POA and accountancy fees.
B - (C+S)- A = Gain

Not a lot but it all helps to reduce CGT liability

The only breach Portugal are in, is this discrimination Resident V Non Resident tax on 50% or 100% of gain, ECJ has found against Portugal but as yet nothings altered.


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## 4rivers (Jun 16, 2011)

Has the 28 % passed yet ?? 

Well I presume it must of , because my original enquiry was answered by the local to me (in the Acores) Finance office . Now , those folks wouldn't lie .........would they .

As previously noted , I didn't give all the information , to the Finance office when making my initial enquiry . But thank you, for the reminder . 

Resident V Non Resident tax. I suppose we will have to wait and see .


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