A person whose earnings from self-employment would otherwise be subject to compulsory
coverage in both the United States and Portugal is subject to only the laws of the
country of which he or she is a resident.
Since this rule only applies to U.S. or Portuguese residents, it would not affect
a dually covered worker who resides in a third country (e.g., a self-employed U.S.
citizen who works in Portugal but resides in Spain). For this reason the special exception
provision of the agreement will eliminate dual coverage for such a worker.
A person may sometimes work in an activity that one country considers self-employment
and the other country considers employment. If this creates dual social security coverage,
the agreement provides that:
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•
If the person resides in the country that considers him or her to be self-employed,
he or she will have coverage under the laws of that country; and
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•
If the person resides in the country that considers him or her to be an employee,
he or she will have coverage based on the rules for employees discussed; see RS 02001.560 - RS 02001.565.