[ Offshore Tax ] When exactly is tax residency triggered in Portugal?

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As a general rule, an individual is qualified as a resident of Portugal if:
– he is present in Portugal for more than 183 days, consecutive or otherwise, in any 12-month period starting or ending in the calendar year concerned; or
– he is in Portugal for a shorter period, but he has, on any day during the period mentioned in the previous subparagraph, a home, and under circumstances that imply his intention to keep and occupy such abode as his permanent residence;
– he is, on 31 December of any year, a crew member of a ship or aircraft operated by a resident entity;
– he is performing public functions or commissions for the Portuguese state.
Moreover, an individual is qualified as a resident of Portugal if he is a Portuguese national who moves his residence for tax purposes to a country, territory, or region subject to a clearly more favorable tax regime included in a list approved by the Ministerial Order of the member of Government responsible for the tax area, unless he proves that the change is for a valid reason, such as being seconded by his employer for performing a temporary activity.

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DERREN JOSEPH:
We moved here to Portugal on June the eighth. 8th of June of this year, we received our December approval and had our passport stamped. We then flew back to the US on July 29th and then return to Portugal on August 16 for tax purposes. Which of these dates is considered the day we became Portugal tax residents?

AUGUSTO PAULINO:
Okay. So if the first day that, that, that you are in Portugal was with the intention to stay and you have a, a, a permanent house that you can stay here in Portugal, that that in principle would trigger the tax Residency from that date. On the opposite, if it was a first visit to deal with some issues and you stay in o or similar, you do not have your own property yet you have not decided to on a permanent basis, may be grounds to sustain that only in August you made that decision and you came here with the intention to stay on a permanent that basis from that moment on. So that would be both could be, could be applicable, but I think that there may be to sustain that only in August. In this case, we do not have information about, for example, having the property or not being in Portugal already.

DERREN JOSEPH:
Yeah. They were staying in a hotel or did they fall in love with a house and the house in cash or whatever. And so it really, the fastened circumstances, so it could go either way. It’s really a tested intent. So the task residents are driven by, So did you intend to make Portugal your home, your base,

AUGUSTO PAULINO:
The center of life and have a place to, to leave?

DERREN JOSEPH:
Yeah. So yeah, that, that place of a place of the habitual board could demonstrate that Portugal has become your center of life. So that, that it could be.

AUGUSTO PAULINO:
Rented property or

DERREN JOSEPH:
Long rent not too into the contract.

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