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Working remotely

preetiupal

If we have an employee who is employed at our entity in netherlands but moves to portugal, are we able to allow them to work remotely for around 7-weeks until their contract ends? They have refugee status so are able to move freely but need to clarify tax position for the company and for the employee. Any advice welcome- thank you!

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JohnnyPT

A refugee in NL can travel within the Schengen Area, but he has to carry identity documents and he can only stay for a short period of time in another country, such as PT. This short stay is usually for a period no longer than 90 days during a single visit.   


A refugee in NL does not have the automatic right to work in PT, even remotely.


If he wants to stay more than this period or work, he will need to apply for a residence permit in PT.


This is for Slovenia, for NL is the same.

preetiupal

@JohnnyPT thank you so much for your response Johnny!


So the employee does hold a residence permit in Portugal and will be moving there but we would like her to finish the last 2 months of her employment working remotely for our company based in Netherlands.


Do you have any advice on this, as an employer, please?

JohnnyPT

As it's only a few weeks (less than 3 months), I don't think there's any problem.

This is because non-tax residents in Portugal (this is the case) will only be taxed on income from Portuguese sources, while tax residents will be taxed on all their income, including that obtained outside Portugal.


In this case, as non-tax resident in PT, the income earned during those weeks of remote work will be taxed as usual in NL.


But don't forget to regularize the situation, since he can stay in PT a maximum of 90 days.

MateoT7

I plan on possibly working remotely as a private contractor while living in Portugal. Most, if not all of the work would likely be for US companies but not necessarily.


  1. What type of visa would be required?
  2. Would I need a different visa if I also contracted with Portuguese companies?

JohnnyPT

For working remotely as a private contractor exclusively for US companies: The Portugal Digital Nomad Visa (D8 Visa) is the appropriate choice. It is designed for this exact purpose, with specific income requirements from foreign sources. The D8 visa can be issued as a temporary stay visa (up to one year) or a residency visa (valid for four months, allowing you to travel to Portugal to apply for a two-year residence permit, which is renewable). After five years of legal residency, you can apply for permanent residency. The minimum monthly income requirement for the D8 visa is €3480 per month.


For contracting with Portuguese companies (in addition to or instead of US companies): The Portugal D2 Visa (Entrepreneur/Independent Professional Visa) would be more suitable. This visa is for individuals who are starting a business or working as independent professionals with contracts in the Portuguese market.


The D7 Visa, often referred to as the "Passive Income Visa," is another popular option for non-EU/EEA citizens seeking residency in Portugal. However, it's crucial to understand its specific purpose and how it differs from the Digital Nomad (D8) Visa, especially in the context of remote work. This means the income should not be from active employment or freelancing, BUT you can have an active employment or freelancing, if you wish.

Qualifying passive income sources typically include:

  1. Pensions
  2. Rental income from properties you own
  3. Dividends from investments
  4. Royalties from intellectual property
  5. Interest from savings or financial investments

MateoT7

@JohnnyPT

Excellent information! Love the site and your work on it. No wonder it was identified as one of the best expat websites.