4 Tax Deductions You Might Be Missing

It is said that nothing in life is certain but death and taxes. Fortunately, while nothing can be done about one’s mortality, there are ways to manage and reduce your taxes – even in France. Below we will take a closer look at the controversial wealth tax, other expatriate tax deductions and how you can cut those cheques to the French taxman in 2016.

Get a wealth tax ‘holiday’

Alongside the impatriate regime, a new rule was introduced to help new arrivals in France who are not entering into that system. Non-French assets of new French residents (those who have not been resident in France during any of the past five tax years) are not subject to wealth tax. Thus, provided the French assets total less than €1.3 million, no wealth tax liability will arise for the first five years of residence in France.

While this has very little impact on UK nationals moving to France, as they receive the same benefit by virtue of the double tax treaty between France and the UK, it applies to people not covered by such exemptions in their treaties with France, and can represent a major saving, certainly for the first five years of French residence. Even better, if you arrive just after January 1 in any given year, this rule exempts non-French assets from tax for the next five years. So, if you move to France in February 2016, you would not be subject to wealth tax on non-French assets until 2022 at the earliest.

UK nationals and the wealth tax ‘holiday’

A further, little-known wealth tax ‘trick’ is available to UK nationals who have the flexibility or need to move to and from France. Under the general wealth tax holiday above, the holiday on non-French assets is renewed if you move away from France for five years.

However, for UK nationals, the holiday is renewed if you leave France for just three years, under the terms of the UK/France double tax treaty. So, if you have to leave France for any reason, and yet are likely to return, you could reset the wealth tax ‘holiday’ clock!

Wealth tax ‘cap’

France introduced a very generous cap on wealth tax in 2007 with the introduction of the Bouclier Fiscal, a sort of shield from wealth tax for those who were asset-rich and cash-poor.

This was abolished for 2012 onwards, but François Hollande was forced by the constitutional council to reintroduce it for 2013. Under these rules, the amount of tax that can be taken in combined income tax, social charges and wealth tax cannot exceed 75% of taxable income. M Hollande wanted ‘income’ to include things like unrealised capital gains, annual growth on all investments and undistributed dividends from companies, but this was rejected by the constitutional council in France.

So, if you can reduce your taxable income, you can reduce your overall liability to wealth tax.

Professional furnished landlord

If you let furnished properties out, you can apply this scheme to both local properties in France as well as those you own and rent out in the UK or elsewhere. Provided you comply with the requirements of the scheme (there are registration requirements, as well as a requirement that the turnover of the business must exceed €23,000 per annum and total more than 50% of the household earned income, such as employment, self-employment and pension income), the properties are outside the wealth tax net, and you can offset any losses against other income.

Plus, once you have been operating as a professional furnished landlord for at least five years, and your turnover does not exceed specified limits, any gain arising on disposal of a business property is exempt from capital gains tax in France.

This can really benefit you, saving wealth and capital gains tax. However, it does involve entering into the French social security system (even if the properties are in the UK), which can be expensive, and where the income exceeds the Micro-BIC simplified deduction scheme turnover limit (currently €32,900), requires near-full accounts in France, so careful consideration needs to be given to the pros and cons.

There are likewise various tax credits, such as for filing a tax return electronically, for employing home help, or child minding expenses. These are capped, however, but can reduce the overall tax bill. There may also be credits for investing in certain types of rental income schemes.

Despite these expatriate tax deduction opportunities, it is essential to take personalized advice on tax matters in France because it is complicated and easy to get wrong. Specialist advice would allow you to be aware of all applicable options and take advantage of lower tax liabilities.

Note: Tax calculations are rounded up to the nearest Euro. The tax rates, scope and reliefs may change. Any statements concerning taxation are based upon our understanding of current taxation laws and practices which are subject to change. Tax information has been summarized; an individual should take personalized advice.

Blevins Franks specializes in providing integrated and detailed tax and wealth management advice to expatriates in Europe. You may call 0 805 112 163, e-mail france@blevinsfranks.com or visit www.blevinsfranks.com.

Free Tax Consultations in Paris

If you’re uncertain about details on your tax declaration, quantifying your parts fiscales or tax exemptions, take advantage of today’s Journée Nationale des Fiscalistes.

Around 150 tax experts from all 20 arrondisements of Paris and other cities in France are holding free consultations today, May 7, from 7am to 6pm. All sessions are free, confidential and require no prior appointments.

Other major cities like Boulogne Billancourt, Montpellier and Vannes among others will be holding their free consultations on the same day while in Lyon, 25 tax experts will be available on May 14 from 9am to 5pm.

For other regions, please check here or call your city town hall for your respective days of journée fiscaliste. Don’t forget to bring your tax declaration papers and related documents.

 

FREE LEGAL CONSULTATION WITH NOTAIRES IN FRANCE

Notaires in France is holding a one-day free consultation today in Paris and in nearly 100 other cities (see locations). This is a great opportunity to ask questions in order protect your wealth and avoid legal problems in the future.

The theme for this year’s open day is ‘Protect Those Who We Love’ covering subjects such as property matters, marriage contracts, buying as a couple, gifting or donations and other aspects of family life.

The Racontres Notariales opens its doors to the public today, 14 October from 5 to 9 pm at the l’Ecole du Notariat, 10 rue Traversière Paris 75012. English-speaking notaires are likewise expected to be present at the venue.

Questions may also be submitted online for anonymous Q&A on their site Notaires de France. Click on one of the themes below the page to submit your questions (achat a deux, donations, protection des personnes vulnérables). Visit the site for futher details.

photo credit: Notaires de France

TAXES FOR EXPATRIATES IN PARIS

WAYS TO REDUCE TAXES FOR EXPATRIATES AND FAMILIES (Part 1 of 2)

The tax system can be notoriously complex, more so for new arrivals who are unfamiliar with how it works. But you can lower your tax liabilities, depending on your circumstances. Whether you’re welcoming another member to the family or moving into France on an expatriate contract, here are five scenarios where you could cut the dreaded tax bill.

Reducing Income Tax For Families

Mr. and Mrs. X have three dependent children. Mr. X earns €75,000 a year and Mrs. X €45,000.

Under the current tax rates (for 2012 income, tax payable in 2013), if they paid tax individually and did not take into account the family, Mr. X’s tax bill would come to €17,392 while his wife’s would be €7,933. On an individual basis, the total tax liability would be €25,325.

However, if you are married or have entered into a PACS, the parts familiales system will apply, and it is calculated on the income of the whole household. Thus, each spouse/PACS partner is considered one part. The first two children are considered a half part each, then the third and subsequent children a whole part each.

The household’s taxable income is divided by the number of parts. The income tax scale rates are then applied to this lower figure, and the income tax computed then multiplied by the number of parts.

In this case, the family has 4 parts, so the total income of €120,000 is divided by four, making €30,000 per part. Using the normal income tax scale rates (see table), the income tax bill on this €30,000 is €3,433 (rounded up), which when multiplied by four makes a total tax bill for the household of €13,732.

This results in an annual savings of €11,593.

However, there is a limit to the permitted adjustment to household income. If the effect of calculating your parts produces a tax bill which has been reduced by more than €2,000 per half part, compared to what it would be without reference to the parts, then the tax is recalculated. An individual adult will receive one part, and a married couple will always receive two parts. The tax is then calculated on this basis, and then you make a deduction of €2,000 per half part.   So, in this example, the tax saving above of €11,593 will not stand, as it exceeds €2,000 per half-part. The recalculated tax liability would be €16,866, which is not quite as if all parts are included, but is still a saving of €8,459 – representing a 33% tax saving over individual taxation.

This is before any tax credits which may be applicable are deducted, including deductions against employment income. If you are over 65, you would also be entitled to a small deduction, which reduces for income over around €14,000, and is withdrawn where that individual’s income exceeds €23,000.

This works very well to lower the household tax bill for UK expatriates, particularly those where one spouse has a significantly higher income than the other. A couple where the husband is paying higher tax rates (40%) on their pension income in the UK, would probably pay less tax in France than if they remained a UK resident. With this system, significant amounts of tax can actually be saved by moving to France!

Income in France is additionally subject to social charges (separate from social security which also needs to be paid), which are currently 8% on salaries and 15.5% on investment income.

Income Tax Table for 2012 Income, with tax payable in 2013

Net Income Subject to Tax Income Band Tax Rate   Tax on Band Cumulative Tax
Up to €5,963 €5,963 Nil
€5,964 to €11,896 €5,932 5.5% €326 €326
€11,897 to €26,420 €14,523 14% €2,033 €2,359
€26,421 to €70,830 €44,409 30% €13,323 €15,682
€70,830 to €150,000 €79,170 41% €32,460 €48,142
Over €150,000 45%

Income tax is payable in arrears in France, and the 2013 rates will not be available until the end of the year.

The Impatriate Regime

France offers special tax incentives for individuals coming in to work from another country.   The rules differ a little depending on whether you are seconded or directly hired from abroad. There are rules as to who qualifies and who does not. You have to become a French tax resident under domestic rules, and cannot have been a resident here at any time in the proceeding five years.

The legislation introduces the concept of an impatriate premium, all or part of which can be exempt from tax. There is a list of what expenses form part of the premium and which do not.

The regime also provides that remuneration for days spent working outside of France undertaken in the direct and exclusive interest of the employer may be outside of French taxation. It must be in proportion with remuneration for the days worked in France.

For example, Mr Y is a UK citizen and resident. He is employed by a UK company but will be assigned to a French company in Paris. He will move to France and become a tax resident. His job entails frequent travels abroad.

His salary in France will be €150,000 (after employee social security charge but before tax). He can negotiate to have it set up as follows:

Salary: French days – €60,000

Salary: Non-French days – €30,000

Impatriate premium: €60,000

He then has two choices: The first is to exempt the impatriate premium (subject to the taxable salary not being reduced below a reference salary) and cap the overseas working days at 20% of the balance of the salary. The second option is to exempt the full amount of the impatriate premium plus overseas work days, but capped at 50% of the total net remuneration.

Under the first option he would end up with a taxable salary of €80,000. Under the second, his taxable salary would be €75,000. Using a basic income tax calculation (see table), an annual salary of €75,000 would generate a €17,392 tax bill (rounded up, and excluding social charges). If the full €150,000 was taxed, tax would be much higher at €48,142.

This system could therefore provide significant tax savings for those who qualify. The legislation is long and complicated though, so it would be best to seek professional advice.

The second part of this article in the next issue will focus on an alternative to the impatriate regime that might exempt you from wealth tax and how you could avail of a ‘tax holiday’.

Note: Tax calculations are rounded up to the nearest Euro. The tax rates, scope and reliefs may change. Any statements concerning taxation are based upon our understanding of current taxation laws and practices which are subject to change. Tax information has been summarized; an individual should take personalized advice.

Blevins Franks specializes in providing integrated and detailed tax and wealth management advice to expatriates in Europe. You may call 0 805 112 163, e-mail france@blevinsfranks.com or visit www.blevinsfranks.com.