Company registered at home: 5 rules on what the company can pay

Many small companies have their registered office at the partner’s home. That does not mean the company can pay the home’s electricity, water and internet. For the company to bear part of the home, a contract is needed, and the numbers do not always add up.

Step Inside Accounting · Practical guide

#StepInsideAccounting

1. You can have the registered office at home

A services company can have its registered office at the partner’s home: that is where it receives post, and that is the address on its invoices and records. The home is still a home.

If the company receives clients, keeps stock or has staff on site, first check the building’s condominium rules and the property’s licence of use.

2. Without a contract, the household bills are not the company’s

The home’s electricity, water, gas and internet are in the partner’s name. An invoice in the partner’s name is not a company expense, even if the company pays it, and the VAT cannot be deducted.

If the company pays those bills, the Tax Authority may treat them as profits distributed to the partner. The exception is services contracted in the company’s name and used for work, such as a phone or an internet line with the company’s tax number (NIF).

3. Renting a room to the company

The way for the company to bear part of the home is for the partner to rent it a room, such as the office. For that you need:

  • A written contract, registered with the Tax Authority, with a market-value rent.
  • Stamp Duty of 10% of one month’s rent, paid by the partner when registering the contract.
  • Rent receipts issued by the partner on the Portal das Finanças.

The company withholds 25% income tax (IRS) on each rent payment, unless the partner opts for the exemption (rents up to €15,000 a year) and states it on the receipt. The partner declares the rent in their IRS return, where it pays 28% or can be added to their other income. For the company, the rent is an expense.

4. Run the numbers before renting

The rent reduces the company’s corporate tax (IRC), but it pays IRS for the partner, and the IRS rate is usually higher than the IRC rate. Often the rental costs more tax than it saves.

Example

The partner rents the home office to the company for €200 a month. The company deducts €2,400 a year and saves €360 of IRC (15%). The partner pays €672 of IRS (28%), plus €20 of Stamp Duty at the start of the contract. In total, the company and the partner pay €332 more tax in the first year.

The rental can pay off when the partner has a low income and adds the rent to their other income for IRS, or when the company pays a higher IRC rate.

5. Remote work and other things to watch

Remote-work allowances, up to €1 a day free of IRS and Social Security, are for employees with a remote-work agreement. A managing partner without an employment contract generally cannot receive them.

Before renting part of your home, also think about the home itself. The rented room stops being your own permanent residence, which can affect property tax (IMI) benefits or, when you sell the home, capital gains.

Team tip

Before asking the company to pay household costs, talk to us. For many companies, the best solution is to put in the company’s name only what is really for work, such as the phone, mobile internet and equipment, and keep the home out of the company.

Want us to handle this for you?

Companies

Monthly accounting

Bookkeeping, tax obligations and managing partners’ salaries, all in one place.

€250 + VAT / month

business@stepinsideaccounting.com

Self-employed

Recibos verdes without the stress

Tax returns, VAT and Social Security handled by people who know the regime inside out.

from €80 + VAT / month

self-employee@stepinsideaccounting.com


This article is for information only and does not replace professional advice. Figures and rules are those in force at the date of publication and may change.

Explore more resources
Share with someone who needs it

Want to know more? Explore the other Step Inside Accounting resources

NIF, visa, bank account, NISS, opening activity, tax residence: if you are moving to Portugal to work for yourself, there is a lot to sort out, and many steps depend on each other. These are the five rules to avoid
If you are asked to do a one-off job and do not have an open activity, the ato isolado (one-off act) lets you invoice it without registering as self-employed. But it only works for an occasional transaction, and the VAT,
When you start out as self-employed, you pay less at first: no Social Security for a year, reduced IRS for two tax years and, in many cases, no VAT to charge. But each benefit has conditions and an end date,