Portugal Forum

dancebert
Joined 2016
Posts: 656

6 years ago

Financial guarantor, fiscal representative, co-signer, representacao fiscal, fiador, aval

6 years ago

Understanding translated Portuguese legal and financial concepts when English speakers use a variety of labels has me confused. It seems to me there are two different types of financial representatives; one tax related, one debt related. Feel free to rip this to shreds, preferably backed up by links to legal or government sources.

Sites and posters used different labels to define a person with tax related obligations, e.g.,

Site A
Complying with tax obligations during the absence of the represented individual; Receive incoming mail sent by the Fiscal Administration; Proceed to the payment of taxes and other accessory duties, including the delivery of the income declaration and contestation of tributary acts to the Fiscal Administration

Site B
The Tax 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.

Sites and posters use different labels to define a person with debt related obligations, e.g.,

Site C (google translate changed fiador to guarantor)
The legal status of the "guarantor" is regulated in the civil codes (and not in commercial legislation).
In this regard, in general, it is said that the bond is a contract by which a person agrees with the creditor to pay for the debtor, if he does not (although the guarantor can, in the contract, waive his right to order).
That is, the guarantor will respond to the creditor only if the debtor does not do so.

Putting this in a US perspective: 1) The person with tax related obligations is someone you give power of attorney for tax issues only? 2) The person with debt related obligations is a co-signer, or fiador in Portuguese? You need a #1 or #2 to get a NIF, and a #2 to sign a lease or buy property?

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