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Confusion about 2023 IRS return

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sandraawilliams153

I am going to attempt to file the 2023 IRS statement myself .


Background:


1.  I am a citizen of country A, which has a treaty with Portugal for the avoidance of double taxation.


2.  Throughout 2023 I am resident in Portugal and my NHR application has been approved by the Portuguese tax authorities.


3.  The composition of my income in 2023:

  a.   I have no job in Portugal, no salary, and no other income derived from Portugal.


  b.   I worked for a company in country A in 2022 and have ended my contract at the end of 2022, but there is a part of the remuneration that I receive only in 2023, an income on which I have already paid tax in country A.


  c.   I have bank interest income in country C, albeit small, which is not taxed in country C (because the bank does not withhold it).


My confusion is:


1. due to NHR status, I should report the income from outside Portugal (from both country A and C), in Annex L of the Modelo 3 return and not in Annex J. Am I correct in my understanding?


2.The interest income sourced from country C, if I don't pay tax in country A, it means I have to pay it in Portugal, is that correct?



Can anyone answer my confusion?


Thanks very much!

JohnnyPT

You should always go to an accountant, but my understanding is this:


1. No.

You should only fill in annex J - frame 4, because your income obtained abroad in 2023 probably relates to an account settlement with the end of your employment contract and is not high value-added income, so you should not fill in annex L.



2. Yes.

Capital Income obtained abroad: J - frame 8


___


ctomac

Have a look at

and

EstrellaGalicia

@JohnnyPT


Annex L is filed whenever a taxpayer has an NHR status. So, in this case, it's obligatory.

JohnnyPT

OK, I explained myself badly.


Filling in Annex L is used to obtain tax benefits resulting from NHR status.


If you look at Annex L and the benefits given with this status, you'll see that they are from:


A. income obtained from work abroad or in Portugal related to HIGH VALUE ADDED ACTIVITIES.


B. Or income from pensions.


This means that Annex L should only be filled in with income from pensions (assuming there are pensions paid) but not with income from work, since in 2023, and for the question above, there is no income from high value-added activities inside or outside Portugal.

TGCampo

I would recommend gong to an experienced accountant with good access to Financas. He will do the tax declaration for you and explain what he did. Based on this explanation and assuming nothing major changes one can easily do the declaration without an accountant in the coming years. This, however, assumes that there are no relevant changes to the tax legislation.

sandraawilliams153

@JohnnyPT


Thank you very much for your reply!

Always so professional and timely.


I will try to do it myself as I'm learning about tax law and I'm also thinking of seeking the help of an accountant.


I have another question: I opened an account in a bank (which is not in Portugal) and after the successful opening of the account, the bank gave me an incentive of about 40 euros, does it need to be counted in the income line of the IRS?

sandraawilliams153

@ctomac


Thank you!


This is a great video, told in great detail.

sandraawilliams153

@EstrellaGalicia


Thank you for the reply!

sandraawilliams153

@TGCampo


Thank you for the reply!


Can you give me the contact info for this accountant? Is his quote high?1f605.svg

TGCampo


    @TGCampo
Thank you for the reply!

Can you give me the contact info for this accountant? Is his quote high?1f605.svg-@sandraawilliams153

Early on I was dealing with BDO and only selected them because a friend was CEO in Dubai. It is an international accounting company like EY or Deloitte. They were not cheap, but I only used them for 1 year.

frescura

quick question: most people who have  had income thru stocks etc have to indicate the pais de contraparte in annexo J  of modelo 3.  Most people in fact all use online brokers and the online broker would not give this information( country of the person who the stock has been sold to).  How are people navigating this?


thank you

JohnnyPT

Even if it's an online broker, there's always a financial company that created that website. That company has a country where it pays taxes, it is registered, it has a tax ID, etc.


In the "país da contraparte" box, the country of residence of the counterparty must be indicated...


frescura

@JohnnyPT


thank you for your reply. so basically this is referring to the broker's  financial information( like where it is registered).


for example, if you used a Portuguese broker it would be Portugal


if a Netherlands  broker then it would be Netherlands such as  a broker like degiro.


please confirm if possible. thank you

JohnnyPT

It's up to you to confirm where your broker is registered... not me. I only answered about one field on the tax IRS form ... Anexo J - rendimentos obtidos no estrangeiro ...


Regarding Degiro, I got this information because this broker also operates in Portugal.



A flatexDEGIRO Bank Dutch Branch, uma sucursal estrangeira do flatexDEGIRO Bank AG | Amstelplein 1, 1096HA ´¡³¾±ð²õ³Ù±ð°ù»åã´Ç | telefone: +351 308 804 692 | e-mail: clientes@degiro.pt | A flatexDEGIRO Bank Dutch Branch está registada na Câmara de Comércio Holandesa com o número 82510245. | A flatexDEGIRO Bank Dutch Branch, que actua sob o nome DEGIRO, é a sucursal holandesa do flatexDEGIRO Bank AG. O flatexDEGIRO Bank AG é supervisionado primariamente pelo regulador financeiro alemão (BaFin). Nos Países Baixos, a flatexDEGIRO Bank Dutch Branch está registada no DNB e é supervisionada pela AFM e pelo DNB. | O flatexDEGIRO Bank AG é um banco alemão licenciado, supervisionado pelo regulador financeiro alemão e registado na Câmara de Comércio Alemã sob o número HRB 105687.

frescura

Another question : is it possible to receive your notice of assessment once IRS is assesed entirely online or is it also sent  by post?


i would like it be sent entirely online and nothing by post.


Secondly, if AT requires more information after submission of modeli 3 like documents to support claims made in modelo 3, are notifications sent online or by post. i would not like to receive by post.


what must I do in the portal to activate this? thank you

JohnnyPT

AT always informs taxpayers (about their IRS tax situation) either by post/conventional mail or by a digital mailbox, viaCTT.  And never by email.


If you don't want to receive notifications by post, you'll need to create a viaCTT account using your email address. Then, in viaCTT website, you must subscribe to AT notifications.

Then you need to go to the AT website (portal das finanças) and change the parameters so that you only receive notifications by viaCTT mailbox.


(Select Criar Caixa = create digital mailbox)

frescura

Isnt it the same thing? under canais de notificão  i have 3 options


Portal das financas   desativar

ctt                                 ativar

postal                           Detalhes


when I click on detalhes,  it opens a new tab and says desejo receber emails and there is a check mark next to it.


isnt having a CTT mailbox does the same thing as receiving notifications on portal das financas. Atleast for now, each time there is something waiting in portal das financas, I get an email saying there is a message waiting.


i am unsure if I can receive my tax situation letters in such a way. please confirm if possible.


thank you

JohnnyPT

In the "canais de comunicação" section  you must have ViaCTT active. ViaCTT takes precedence over Via Postal. If it says "activar", then it's waiting to be activated...


ViaCTT and Via Postal must both be active. Both channels must be legitimised. This is done through messages via links in email and SMS that you will have to confirm.


frescura

So in  AT portal , I clicked viaCTT and tried to activate it and I get the following message

"O processo de adesão às Notificações Eletrónicas ficará concluído assim que recebermos da ViaCTT a informação de que a sua conta está activa."


on the other hand, I created the CTT account with my NIF etc and I have the also gotten the following email which tells me how to activate it without going to a loja de ctt


3 - PORTAL DAS FINANÇAS


Adira às Notificações Eletrónicas no Portal das Finanças ().

A adesão efetuada por este modo garante automaticamente a identificação pessoal do titular da caixa (seja pessoa particular ou pessoa coletiva), não sendo necessário qualquer identificação adicional com o serviço ViaCTT.




Now I am little confused if CTT is going to inform AT without   account being fully active ( identity verified) or I do need to go to a loja?



thank you

JohnnyPT


"O processo de adesão às Notificações Eletrónicas ficará concluído assim que recebermos da ViaCTT a informação de que a sua conta está activa."

    -@frescura


The answer is here. You don't need to go to a loja CTT. Just waiting a couple of days and check if ViaCTT is already active/"Ativo"...

frescura

Thank you. just out of curiosity, the ctt caixa electronico has a method of verifying your identity thru chaves de ativacao . I believe a code is mailed by registered post. but the big question is how you even order that? was not able to find.



any ideas. thank you for looking into this.

EstrellaGalicia

@JohnnyPT


JohnnyPT,

Belatedly, I've just come across the instructions to Anexo L which say for who the Annex is designed:


QUEM DEVE APRESENTAR O ANEXO L: O titular de rendimentos que se encontre registado, para efeitos fiscais, como residente não habitual em território português (the income holder who's registered for tax purposes as a non-habitual resident in the Portuguese territory).


So, I guess, everyone who's been granted the NHR status (and the said status is still in effect) must file that Annex (since the verb 'dever' implies an obligation, not a choice).

JohnnyPT

°ª·¡²õ³Ù°ù±ð±ô±ô²¹³Ò²¹±ô¾±³¦¾±²¹,Ìý


True. If you're NHR, you have to fill in Anexo L (IRS).



frescura

@JohnnyPT  Is this message  normal even for people with cartao de cidadao as I am not a portuguese citizen.


I went to loja and lady at the counter had no idea how to activate it  and on the other hand,  my CTTvia is still not activated and I have the same message: that will be activated when ctt sends them the info.


anybody dealt with this? how long did it take to get it activated?


thank you

JohnnyPT

@frescura,


I have no idea what step you're on. ... When I created and activated viactt, I didn't need to go anywhere.


HOW TO ACTIVATE VIA CTT ON THE PORTAL DAS FINANÇAS 

frescura

Thank you so much for the screenshots. the issue with my account is that when I am at step 4 and I click aderir, this message appears O processo de adesão às Notificações Eletrónicas ficará concluído assim que recebermos da ViaCTT a informação de que a sua conta está activa."



but I went on step 5  independently on ctt caixa electronica and created my account which is fully funcional.


Issue is the link between the two sites at step 8 which never happened.


I am not sure how to resolve this issue

JohnnyPT

@frescura,

Have you subscribed AT Finanças entity (entidade) on the viaCTT website?

I think you'll have to wait for AT to be informed by viaCTT. This happens with all entities subscribed to viaCTT, not just AT. I don't remember how long it takes to become active...

frescura

@JohnnyPT the modelo 3  2023 irs wants you list all tour bank accounts. is it all accounts to date or only accounts held/ open closed until dec 31 2023?


thank you

JohnnyPT

Only accounts held/ open closed until dec 31 2023




QUEM DEVE APRESENTAR O ANEXO J

Os sujeitos passivos residentes, quando estes ou os dependentes que integram o agregado familiar, no ano a que respeita a declaração, tenham obtido rendimentos fora do território português ou sejam titulares, beneficiários ou estejam autorizados a movimentar contas de depósitos ou de títulos abertas em instituição financeira não residente em território português ou em sucursal localizada fora do território português de instituição financeira residente, nos termos do artigo 63.º A da Lei Geral Tributária

frescura

@JohnnyPT thank you for your reply. I have another question. annex  J categoria E has a question



opta pela englobamento destes rendimento?


sim  não


what does this mean exactly? are qe meant to choose this if we have NHR : a bit confused.

JohnnyPT

You just have to do the tax simulation ("Simular" button at main page) with and without "englobamento" to see which option is more advantageous for you.


Why?


Income is not treated equally in the IRS. The tax rules vary depending on the category of income, i.e. the source of the money.


If you choose "Englobamento" = SIM, it consists of adding together income from different categories - some by tax obligation, others at the taxpayer's option - and subjecting them to the same IRS rates. These rates are progressive. In other words, they increase as income increases (by income brackets).


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