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You are here: Home Finance & Business Tax A guide to taxation in France
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23/03/2010A guide to taxation in France

A guide to taxation in France If you are a resident of France, you must pay taxes. Here's a guide to French taxation and supplementary information for US taxpayers.

Any individual, whether a French or foreign national who establishes residency in France is subject to French income tax on his/her worldwide income. Under French law, you are resident in France for tax purposes if you meet any one of the following four conditions:


• Your permanent home is in France.
• You spend most of your time in France (at least 183 days during a calendar year, or even less if you spend more time in France than in any other country).
• Your professional activity is in France
• Your center of economic interest is in France.

Income taxes are based on a calendar year and are declared the year following the year residency is established. The filing deadline varies from year to year (for recent years this has been 31 May). Failing to supply your yearly tax declaration by the given deadline makes you subject to a penalty of 10 percent of the tax due. There is no payment made with a French declaration, the balance of tax is due on 15 September. This is simply a declaration of your annual revenues.

The French tax authorities will subsequently calculate the taxes due, based on information provided in your declaration and will send you a bill (avis d’imposition) any time between August and September. First time filers may receive their tax bill even later in the year.

As of 2006, the government implemented a new system called la déclaration des revenus pré-remplie, or a declaration that the government has already filled in on your behalf based on information supplied by your employer. This now includes information on French investments.

If you were resident here for the entire year and are a salaried employee, this form should be automatically sent to you by your local tax office, centre des impôts. Once you are recorded in the system, the déclaration will be sent automatically to your home. If you move, it is your responsibility to notify the tax authorities of your new address.

Unlike the US or UK system of tax withholding on wages, in France there is no such withholding, although there is talk of introducing a withholding system at some point in the future. Your salary slip will however include deductions for your employee social charges, contributions to staff benefits such as pension schemes or death in service.  It is a good idea to budget for an estimated tax amount in advance to avoid a future surprise.

First time filers will owe their annual tax (this could represent a part year scenario depending on when residency was established) all in one payment, upon filing of their first declaration. The following year you should expect to receive a bill from your local French tax office to prepay the current year's tax in three instalments (the tax paid in the first two instalments is based on previous year's income). These estimated tax instalments are due on 15 February, 15 May and 15 September. The last instalment called le solde is the final payment and it represents the difference between total amount of current year's tax owed (based on the current year's tax declaration) and amount paid to date. You can also opt for a monthly tax payment system (mensualisation) as opposed to the three instalment payment method (tier provisionnel).

For example, in calendar year 2010, your first two instalment payments each amount to one third of the total tax due from your 2009 declaration. Before the solde is due 15 September 2010, your 2009 declaration filed in the spring will have been processed and the tax amount due is calculated at this point. Therefore, the final payment for 15 September 2010 reflects the balance due as the difference between your total 2009 tax owed and the amount paid to date through the first two instalments paid in 2010 .

Depending on the nature of the income and where it is sourced, a taxpayer with foreign (non-French) source income may be liable for both French and foreign taxation on the same income. This can be avoided through the application of the Income Tax Treaty (if one has been signed between France and the other country). The Treaty provides for a tax credit system to alleviate double taxation. You should seek advice from a tax professional if you have income from various sources in order to be certain that you are reporting the income correctly on the French declaration and are utilising the Income Tax Treaty where applicable.

If you are self-employed, you must be able to produce detailed accounts of your earnings and will pay not only income tax but also a raft of social security related fees known collectively as les charges. There may be a bilateral social security tax agreement between France and your home country that can allow you to stay on your home country social security system if this proves more advantageous.

In all instances, you will need to declare your self-employment activity at the URSSAF (social security tax office), or other relevant centre de formalités (e.g. for retail, you would register directly with the Chambre de Commerce) in order to legally carry out your activity in France. For more information regarding procedures to follow to declare your activity you can visit their website at www.urssaf.fr .

You are well advised to seek expert advice before filling in your tax forms; you may be liable for wealth, capital gains and inheritance taxes.

Conversely, tax concessions are accorded to different categories of taxpayers.

The most common deductions are for:
•  salaries for home-workers for child or elder-care
•  child-care fees for children under seven
•  standard deductions for each school-age child in the household
•  support payments to descendents or ascendants in financial need
•  gifts to charitable organisations or any non-reimbursed expenses related to volunteer work
•  union fees
•  purchase of a 'clean' car, that is a new vehicle that runs on GPL or other alternative fuel
•  Mortgage interest on a principal residence purchased after 6 May 2007

Recent Tax Reforms

The reform provided for a reduction in the number of income bands from seven to five. The new tax bands effective as of 2009 applicable to taxable income are:

The new regulations also specify that the total annual amount any taxpayer could be charged in respect of income tax, wealth tax on assets, and local taxes would be limited to 50 percent of income referred to as the bouclier fiscal.

Other Taxes
There are other taxes that you may be subject to if you reside in France or have vacation property here, even if you have no declarable income in France:

•  Taxe d'habitation/redevance audiovisuelle: You pay the 'lodging tax' whether you rent or own. It is based on your rent or mortgage on wherever you lived as of 1 January of that year, regardless of whether or not you have since moved. The redevance or media tax is paid by every household with a television and goes to fund public programming; each family pays the same amount regardless of how many private televisions are owned or in how many locations.

You will receive a single statement in the September-October timeframe for both these taxes and the payment date can vary depending on when the statement was issued; you may also choose to pay monthly instalments.

•  Taxe foncière: real estate taxes due in October. Check with your mairie if you're building or renovating a property. These kinds of projects are also often eligible for special tax dispensations.

US Taxpayers:
1. US citizens and resident aliens living overseas have to file a “U.S. tax return” every year to report their worldwide income.

2, There are three main provision in the US tax code that help Americans avoid double taxation: the foreign earned income tax exclusion, the housing exclusion and the foreign tax credit. Tax filers who are resident outside the US get an automatic extension to 15 June to file. If you owe tax on 15 April, you probably should have been making quarterly tax payments throughout the year on income you made during the year that was not being automatically withheld by your employer. Any fines and interest due on 15 April will continue to accumulate until 15 June, it is just that you are not required to file your tax return before that time.

3. If you are married to a non US citizen/non US permanent resident, then you can choose to file under the status “married, filing separately” and not report your spouse’s income. In some cases it may be advantageous to report your spouses’ income so you choose “married, filing jointly”.  So what you wrote below is broadly correct.

4. If the IRS decides to investigate you for tax evasion, they certainly will seek you out in France. The obligation to file every year has nothing to do with your intention to return to the US or not and the IRS does not care if you intend to return to the US, only whether or not you have been paying your taxes each year. If you fail to file a tax return, you are ineligible for the provisions described in point 2, which means failure to file can significantly increase your taxes or it can mean you owe taxes when if you had filed you would have owed none.

This article has been updated on March 2010 by AFA EXPERTISE SARL and Thun Financial Advisors.

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