Viewing posts categorised under: France

Tax credits in France

By Katriona Murray-Platon
This article is published on: 9th January 2023

09.01.23

Happy New Year! I wish you all a very happy, healthy and prosperous year in 2023! I hope you all had a nice Christmas. We made it to Disneyland in spite of the train strikes in France and then onto the UK for our first British Christmas since 2018! It was good festive fun!

As from 15th January 2023, the tax office will pay you a 60% advance on some tax credits and tax reductions. These include the tax credits/reductions for charitable donations, home help costs and childcare costs. This will be 60% of the amount declared in 2022.

In my last Ezine, I mentioned the fuel allowance. Now, since 22 December 2022, there is an allowance of between 50 and 200 euros for those using logs or pellets to heat their homes. This is for people with less than 2260 euros income per month for a single person or 4750 euros for a couple with 2 children. You will need to request this payment by going to this website https://chequeenergie.gouv.fr/beneficiaire/eligibilite.

Since 1st January, receipts and bank card receipts will only be printed if you specifically request them. Also, from 1st January, companies (Entreprises individuels and SCIs) can do their own formalities online on formalites.entreprises.gouv.fr

No need to throw out your equipment when it breaks down. From 15 December 2022, it is even cheaper to repair your household appliances. There is a now a government allowance of between 10 and 45 euros off the price of repair depending on the type of appliance which works out to be around 20% of the repair costs. This only applies to appliances that are no longer covered by their warranty. For more details and to find an approved repair company go to: https://www.ecosystem.eco

Finally, in Spectrum news, from 16th to 20th January I shall be joining my colleagues for our annual conferences at the Gleneagles hotel in Scotland. As you know my name is Scottish and my father and his family are from Scotland, so I am very much looking forwards to going there and celebrating Spectrum’s 20th anniversary!

After five full years in the business I am beginning to get a sense of how variable each year can be. We have had three very strange years from covid and lockdown, to coming out of lockdown and getting vaccinations and then last year the war in Ukraine and inflation. Some analysts suggest that inflation may subside in 2023 but stop short of actually predicting this. Nobody has a crystal ball but I know what I do have that’s important which is my family, my friends and my clients. I’ve got you and you’ve got me, so whatever 2023 holds, I know that we can see it through together!

All the best for 2023.

Financial update in France

By Katriona Murray-Platon
This article is published on: 6th December 2022

06.12.22

The fuel allowance, tax returns & retirement planning

So here it is, Merry Christmas! I hope that you are having fun or planning to do so. There is much to organise before the end of the year, so before you get too wrapped up (excuse the pun) in Christmas preparations, I wanted to fill you in on some bits of news/financial points for the end of the year.

Given the increase in energy bills, the French government shall grant two one-off fuel allowances to help people pay their energy bills. Around 12 million homes will receive a one-off energy cheque. If you are eligible for the fuel allowance you should receive this €200 cheque automatically,. If your taxable income (revenu fiscal de référence par unité de consommation (RFR/UC)) is greater or equal to €10 800 € and less than €17 400, you will receive a cheque for €100. This cheque will be sent automatically from the end of December, you do not have to do anything to get it.

For the homes using “fioul domestique” : If you have already received the energy cheque for 2022 and you have used it to pay for your heating from a “fioul domestique” supplier you will automatically receive another cheque for €200 from November 2022

If you haven’t received this yet or you want to check whether you are available there is a website here https://chequefioul.asp-public.fr/ and through this you could receive a cheque for between €100 and €200 depending on your situation. If you haven’t received any cheques and you can’t make a request on this website you can contact them via this website: https://chequeenergie.gouv.fr

For those of you thinking of replacing your heating system with something more energy efficient, since the 29th October, the lower income households could receive €5000 of state aids (instead of €4000) and other households could get up to €4000 instead of €2500.

The annual social security ceiling (plafond annual de la Securité social) which is used to calculate various retirement contributions and the maximum allowed amount of benefits and French pensions has increased to €43,992. A monthly maximum of €3,666 will apply from 2023. This is the first time that this has increased in three years!

Please note that you have until 14th December to correct your 2021 tax return on your personal account on the impots.gouv.fr website. After this date you will have to correct it using a paper return.

The 15th December is the last day to pay the taxe d’habitation for second home owners in France. You have 5 extra days if you pay online or by direct debit.

If you are self-employed in France and earn over €5000 per annum, you will have to pay CFE. This is a local tax and is based on the rental value of the space you use for your business. If you don’t rent premises for your business, you have to pay the minimum CFE and this will be calculated on your annual turnover. It all depends on the rate applied by your local authority. The CFE must be paid by 15th December. You can also spread the payments out over the year.

Finally, if you are still actively working in France and are likely to do so for the next 10 or 15 years or more, and you pay tax at least in the 30% tax bracket, it may be worth opening a PER. If you already have a PER, and you have some money to invest in it, make sure you do this by the end of the tax year, ie 31st December 2022. If you are in the 30% tax bracket, 30% of the amount you invest in the PER can be deducted from your tax (41% if you are in this tax bracket) up to a maximum amount of 10% of your net taxable income from the previous year and up to a maximum amount of €32,419 in 2022.

2022 has been a brilliant year for me, my best so far, and I have been so happy to welcome lots of new clients.

I want to thank all of you for your time and attention to these newsletters and your kind comments. I especially want to thank all my clients for entrusting me to set up their investments. As always if you have any questions on the above or any other matters please do get in touch.

I shall be away from 18th to 28th December, first to Disneyland Paris and then to the UK for a good ol’ British Christmas with my family. I will be checking emails and can do phone calls if necessary.

I wish you all a very Happy Holiday season and look forwards to speaking to you next year!

Regards
Katey Murray
Partner
The Spectrum IFA Group
Mob: 06 81 61 78 44
Tel: 09 53 28 88 22

International SIPPs

By Andrea Glover
This article is published on: 22nd November 2022

22.11.22

What are they and how do they benefit a non-UK resident living in France?

Myself and my colleagues have seen a significant increase in enquires this year from clients who have private pension schemes in the UK. Many are having difficulties accessing pension benefits for the first time due to changes post BREXIT or their UK adviser has informed them that they can no longer work with them, because of the post BREXIT rules on ‘passporting rights’.

One of the solutions that has helped many of these clients is a scheme called an International Self Invested Personal Pension (SIPP). So, I am going to explain the background to this product and why it might be the appropriate home for your pension funds.

The SIPP was first introduced in the UK budget in 1989 and following further regulation became a registered pension plan in April 2006. SIPPs were introduced to encourage individuals to save for their retirement.

SIPPs are often set up by the provider using a master trust and the provider will normally be the scheme administrator and trustee. The individual then become a member of the scheme and investments are normally in the name of the provider or the trustee but are earmarked for the individual member.

The main advantage of a SIPP compared to a traditional personal pension is the level of investment flexibility the member has, as the range of available investments is much wider than a standard personal pension.

An International SIPP is a UK SIPP that has been specifically designed for non-UK residents. The structure is similar to that of a SIPP and both are regulated by the UK Financial Conduct Authority.

An International SIPP provides the ability to invest in several currencies and some providers allow withdrawals in euros, paid directly to a French bank account.

As with a SIPP, the international version allows you to transfer your pension or consolidate several pension plans into one simplified scheme. More importantly, the International SIPP allows a locally based, regulated financial adviser to implement an investment strategy and assist you with overall retirement planning.

It is also important to note that a locally based adviser will have knowledge of the French tax treatment of any income from the pension and the various options available.

You can transfer from most private or company pensions to an International SIPP and you can also consider transferring from a defined benefit or final salary scheme, if you’re not already taking benefits. However, you can’t transfer from an annuity or many of the public sector and government schemes.

If you have a very large pension pot, a Qualifying Recognised Overseas Pension Scheme (QROPS) may be a more suitable home for your pension funds, as it can help protect against future tax liabilities for those nearing the UK Lifetime Allowance (currently £1,073,100).

As with all such matters, it is important to seek advice from a regulated adviser to ensure that the appropriate recommendation is given for your individual circumstances.

Children and taxes in France

By Katriona Murray-Platon
This article is published on: 4th November 2022

04.11.22

I am the proud mother of two wonderful boys. I love my children very much, but in addition to the joy they bring to my life, they also bring tax advantages. Admittedly the tax benefit is probably less than the overall expense of having children, but one must count one’s blessings!

Let’s take a couple earning €60,000 per annum.

The current tax brackets for 2022 are as follows:

Income	Tax rate
Up to €10,225	0%
From €10,226 to €26,070	11%
From €26,071 to €74,545	30%
From €74,56 to €160,336	41%
Over €160,336	45%

*These tranches are likely to increase by 5.4% in 2023.

If they have one child? their tax is reduced by half a tax part. Whereas alone they were in the 30% tax bracket, with one child their income is divided by 2.5 to €24,000 per person, which puts them into the 11% tax bracket. Their tax bill would be €3,788 instead of €5,844. The child has saved them €2,056 of tax. If they had a second child, and on the same income, their tax would be €3,226. The second child has therefore saved them €562 euros.

In addition to lowering your taxes, if your child is under six and goes to a child minder or nursery, 50% of these costs, up to a maximum of €2,300 per child may be deducted, so a maximum tax credit of €1,150 per child. This is a tax credit, so in our example above, the couple would pay only €926 in taxes.

After six years old and until they go to high school, as delightful as they are during this time, there are no tax advantages. From high school onwards there is a small tax reduction of €62 per child in high school, €153 per child in sixth form college and €183 per child in higher eduction (provided it is non-remunerated studies).

Download out French Tax Guide here

However when they are in their 20s and pursuing further education, this is the time to look at whether you are better to keep them in your tax household or take them out of your tax household and deduct the money you give them to pay for their studies, accommodation and food etc. I remember, when I was a tax lawyer, suggesting to a lady who had four sons, that she should remove her youngest son from her household – she looked a bit shocked! I meant of course that she should take her son out of her tax household, not kick him out of her actual household. It is quite common for children in France to remain at home during their university studies. The money given to an older child is deducted from the household income before it is subject to tax.

For an adult child to be considered part of your tax household, they must be under 21 on 1st January of the tax year (so 1st January 2022 for the tax return done in 2023), or be under 25 years old on 1st January 2022 and in higher/further eduction as at 1st January 2022 or 31st December 2022. There are also various conditions for children living with an adult relative.

So if we look at the couple above and both their children are at university. In 2021 they could have deducted up to €6,042 per child from their income which would have reduced their tax to €3,021 for the two of them without the children instead of €3,226 had the children been included on their tax return. For 2022, according to the Draft Finances Bill, this deduction is increased to €6,368 per child. For the full reduction to apply, you must be able to prove that the child needs this money, that they are unable to work or, if they have a student job, that they earn less than the minimum wage. You can deduct up to this amount but you have to be able to prove the expenses if so requested. If the child still lives with you, you can deduct their accommodation and food bills, up to €3,592, without need to justify these expenses.

Once your child is removed from your tax household, this will mean that they have to do their own tax return and declare the financial help that you are giving them. However, if they are earning less than the first tax bracket (€10,225 in 2021, €10,777 in 2022) then they won’t have any tax to pay.

For any questions on Children and taxes in France or on your general financial planning in France, please do get in touch via the form below:

Le Tour de Finance arrives in western France

By Spectrum IFA
This article is published on: 4th October 2022

04.10.22

What is Le Tour de Finance?

Interested in finding out how to make the most of your money as an Expatriate?

Do you have questions about Assurance Vie, tax efficient investing, pensions (including QROPS), investment markets, estate planning etc?

Why not visit a local event, bring some friends and make it a great day out.

Le Tour de Finance is the financial forum for expats which will help you with a range of different financial products and services. Just as Le Tour de France takes a route throughout the regions of France, so too does Le Tour de Finance, but we also visit Italy, Spain, Switzerland and Portugal. We want to reach expats where you live so that you can seek advice particular to your local area. Tax advice, pensions / QROPS, mortgages, healthcare, schools, succession planning, business advice and making the most of your assets are just some of the subjects that expats need to know more about.

Le Tour de Finance is the ideal opportunity to find answers to the most pressing questions facing people living as expatriates in Europe.

The forum will bring together key players who assist expats settling or already living in these countries. It will also be an ideal opportunity to socialise by enjoying a free Buffet lunch and meeting people in similar circumstances in your neighbourhood.

Join our events in October

19th October 2022
Chateau Sauge

CLICK HERE TO REGISTER

20th October 2022
Royal Fontevraud Abbey

CLICK HERE TO REGISTER

As an expat, do you make the most of your finances?
Join us, and our panel of guest speakers, for informed guidance on expatriate financial planning opportunities, commentary on investment markets and to meet like-minded people in your local area. The event starts at 10.00am with a welcome coffee, followed by brief presentations from international experts on a range of topics that could affect you now, or in the future. The morning ends with a complimentary buffet lunch and a chance to meet the experts and hopefully make some new friends.

Register for this free event or for further information, by sending an email with your full contact details to: seminars@ltdf.eu, register online on www.ltdf.eu or call 06 73 27 25 43.

Join our events in October

Have you completed your tax returns in France?

By Katriona Murray-Platon
This article is published on: 3rd June 2022

03.06.22

The tax season is almost over! Those of you living in departments numbered 55 to 976 still have until 8th June at 11.59 pm to submit your tax return online or if you have engaged an accountancy firm to do your tax return they also have another week or so to submit any returns. I would not advise trying to contact an accountancy firm at the moment because they are very busy and they won’t be able to start working on your tax return until the deadline has passed. The best thing is to have a go at it yourself and then correct it later in the year. Your initial return, submitted by the deadline, will result in a tax statement. If you decide to amend the return, you will get an initial tax statement and then later an amended tax statement.

Once you have done your tax return you can expect to receive your tax statement as follows:

If you submitted it online and you have paid too much tax or exactly what is owed you will receive your statement between 25th July and 5th August.
If you submitted by post and you have paid too much tax you will get your statement between 29th July and 31st August;
If you submitted your tax return by post but you have paid exactly the right amount of tax you will get your statement between 2nd August and 31st August;
If you submitted online but there is still tax to pay you will get your statement between 29th July and 5th August,
If you submitted on paper and there is tax for you to pay you will get your statement between 5th August and 26th August.

If you have paid too much tax you should get the reimbursement around these periods. If you have tax to pay it should be taken from your bank account automatically. If not you have until 20th September to pay online. The money won’t be taken out of your account until 26th September. If you owe more than €300 tax, this amount will be taken in four payments between 26th September and 27th December 2022. If the amount due is less than or equal to €300 then this amount will be taken out in one payment on 26th September. Please remember that during September the 9th instalment of your monthly payment of income tax will be taken on 15th September, so you may have two tax payments in September (and in the following months if you owe more than €300).

A situation was brought to my attention about Capital Gains Tax on the main residence when you leave France. There was a court case in 2017 which reached the French Constitutional Court regarding the exemption from capital gains tax for the main residence. Whereas a French resident may vacate his/her main residence and has 12 months to sell it for it still to benefit from the main residence exemption, according to this decision if you are no longer French tax resident at the time of sale you lose this exemption on the capital gains.

Furthermore under Article 150 U, paragraph 2, line 2, of the French Tax Code the capital gains from the sale of a property are exempt from tax “for the sale of a property situated in France where the seller is an individual, not French resident, a national of a Member State of the European Union or another State which is part of the EEA having agreed with France an administrative assistance agreement to fight against fraud and tax evasion and provided that the person was tax resident in France continuously for at least two years at any period before the sale. The exemption mentioned in the first line of this second line applies only to one property per tax payer and up to €150,000 of net taxable capital gain, to sales carried out:
a) no later than 31st December of the fifth year following the year in which the seller ceased to be tax resident in France,
b) with no time restrictions, when the property is freely available to the seller at least since 1st January of the year before the sale”.

It is this section of the French Tax Code which could, according to some Notaires, no longer apply to British citizens selling their French properties and returning to the UK since Britain is no longer part of the EU. I have spoken to two Notaires about this and neither seemed to be bothered about it. But Notaires can take different views on things. So if you (or someone you know) are planning to sell what is currently your main residence in France and move back to the UK make sure you clarify exactly what you have to do with your local Notaire and do not move back to the UK and establish UK tax residency before the sale is complete.

After a busy month of May with many people contacting me with tax questions, I am looking forward to a more normal month of June and getting out in the sunny weather to see clients. So if you would like to arrange an appointment or need to speak to me about any matters please do get in touch!

Download the 2022 French Tax Guide here

Premium Bonds in France

By Andrea Glover
This article is published on: 13th May 2022

13.05.22

I meet many clients who are originally from the UK and hold Premium Bonds. In this article I want to talk through the tax and practical consequences of holding them as a French tax resident, as well as looking at a more suitable alternative.

Premium Bonds are a popular way to save money in the UK. Rather than offering a guaranteed interest rate, you could win tax free prizes between £25 and £1M every month. According to the NS&I website, there have been over 400 winners receiving the million-pound prize since 1994 and the average prize fund rate is 1% per annum. So, for the vast majority, the average prize rate is not keeping up with normal inflation rates.

Since BREXIT, it is important that NS&I customers living in the EU hold a UK bank account. Not having a UK bank account could invalidate the terms of your NS&I customer agreement and you may have no alternative but to close your account. Even if your terms are not invalidated, without a UK account NS&I would need to send you a warrant (like a cheque) which could be challenging to deposit into a non-UK account.

In France, Premium Bond winnings are not tax free – they have to be declared in your yearly tax return and are subject to tax in the same way as UK bank interest. On death, France will apply the relevant inheritance taxes to your worldwide estate, which would include Premium Bonds held in the UK. There is a double tax treaty between France and the UK for inheritance tax, which means that credit is given in France for any tax paid in the UK. So, you do not pay tax twice, but you do pay whichever is the higher amount.

Given the above, you may conclude that Premium Bonds are no longer an appropriate investment as a French tax resident. So, what are the alternatives?

In my experience, an Assurance Vie (AV) is one of the most suitable options to consider as a home for the cash in value of your Premium Bond savings. An AV is an insurance-based investment product and has the following advantages:

The investments that you place within your AV are never touched by French income tax or capital gains tax whilst they stay inside the AV, unlike Premium Bond winnings
If you keep the AV going for at least eight years, you then qualify for a special income tax-free band, on any withdrawals
On death, you can leave each individual beneficiary up to €152,500 completely free of French inheritance tax, if you invest before the age of 70. This is of great advantage to blended families, as beneficiaries do not have to be directly related
If you invest after the age of 70, you can leave a combined total of €30,500 inheritance tax free to all beneficiaries
International AVs are available which allow you to invest in sterling. Therefore, your Premium Bond proceeds do not have to be exchanged into euros, unlike a French based AV

In conclusion, if you hold Premium Bonds, speak to a regulated Financial Adviser to seek advice as to whether they remain suitable for you as a French tax resident.

*First published in www.thelocalbuzzmag.com

Financial planning for women

By Victoria Lewis
This article is published on: 6th April 2022

06.04.22

Does it have to be different and what are the nuances in terms of goals, investment outlook and risk and why is it even assumed that it needs to be different?

Victoria Lewis from The Spectrum IFA Group was recently asked to speak about this subject by the ‘Network Provence‘

Network Provence is a platform for women to promote their business, blog, club, project and to socialise. Networking allows one to socialise, meet potential clients and often offers possibilities to collaborate with other like-minded women on a variety of projects.

Victoria spoke about financial planning for women and some of the difficulties they face. Whatever your gender, if you live in France (or are planning a move here) and are interested in obtaining a confidential review of your financial situation, please contact Victoria.lewis@spectrum-ifa.com + +33 (0) 6 62 50 70 21.’

Please watch the video below

Inheritance issues in France

By Katriona Murray-Platon
This article is published on: 11th October 2021

11.10.21

As many of you know, in 2015 the European Succession Regulation came into force. Sometimes known as ‘Brussels 1V’, this allowed you, if you deemed it suitable, to elect for the law of your nationality to apply to your Will in France. The principal benefit of this election would be to allow you to leave your property to your spouse for example, and then pass it on to your children after the second death. Another useful application would be when relationships have broken down and you have decided that one or more of your children should be excluded from benefitting from your estate. In effect, you claim the right to leave your assets to whomever you wish.
Now, in a quite frankly bizarre move, the French government has decided to move against European law. At the end of July this year a bill was passed making changes to article 913 of the Civil Code. Here is the relevant wording, with a translation ‘a la Google’.

Lorsque le défunt ou au moins l’un de ses enfants est, au moment de son décès, ressortissant d’un État membre de l’Union européenne ou y réside habituellement et que le droit étranger applicable à la succession ne permet aucun mécanisme réservé à la protection des enfants, chaque enfant ou ses héritiers ou successeurs amoureux peut bénéficier d’un prélèvement compensatoire sur les biens existants situés en France le jour de la sa mort, afin d’être rétablie dans les droits réservés qui leur sont accordés par Français loi, dans les limites de celui-ci.

Where the deceased or at least one of his children is, at the time of death, a national of a Member State of the European Union or is ordinarily resident there and where the foreign law applicable to the succession does not allow any reserved mechanism to protect children, each child or his heirs or successors may make a claim on existing property situated in France on the day of death, so as to be restored in the reserved rights granted to them by French law, within the limits thereof.

There is little scope for doubt that this directly contravenes European law. It has already been challenged once but was passed unchanged. It is likely that there will be a stream of legal challenges that could take several years to conclude. This is France after all. One silver lining is that the new decree will only come into force on the 1st November this year, and will only relate to deaths that occur after that date. For those of us who were contemplating this move, or have already employed it, this will mean that there could be years of uncertainty, and many people are not going to be able to leave their assets on death as they would wish to.

One key aspect of this change is that it can only be applied to assets situated in France which, in some cases, may affect succession plans for the principal residence and possibly French rental properties if no other planning has been put in place. There are tried and tested legal mechanisms in France for establishing property ownership that can better protect the survivor such as the ‘en tontine’ clause (only at the point of purchase), the marriage contract of ‘communauté universelle avec attribution au dernier survivant’, the ‘pacte de famille’ and the ‘donation entre époux’ to name a few. If you have any concerns about how this new change may impact your existing Wills and estate planning, I recommend that you speak to a Notaire to discuss your options.

UK pensions and tax treatment in France

By Andrea Glover
This article is published on: 13th September 2021

13.09.21

I have had several queries over the last few months about the tax treatment of UK pensions in France, whether they are being received as a regular income or where clients have or are about to take a one-off lump sum to pay for a large purchase. Many of the queries were relating to the completion of French tax returns, but we are also seeing a large number of queries where advice is being sought on French tax treatment of pensions prior to a move to France.

So, in this article, I am going to go back to the basics and go through the different types of UK pension scheme and their tax treatment in France for French tax residents.

UK State Pension
As a French resident, the UK State Pension is taxable in France (not the UK) and where an S1 is held, no French social charges are payable. It is important to note that the UK State Pension can be paid directly into a French bank account, in euros, although the amount will obviously fluctuate due to exchange rates.

Government pensions
UK government pensions are dealt with under the UK/France double tax treaty and apply to those who have previously worked in the Armed Forces, Civil Service, Fire Service, Local Authority, NHS (with exceptions), Police and Teaching amongst others. A full list is available at www.gov.uk/hmrc-internal-manuals/international-manual/intm343040 to help you identify if your pension is classified as ‘government’.

Under the double tax treaty, UK government pensions are taxed at source in the UK. The pension income still has to be declared in your French tax return, but a 100% tax credit is given so that the same tax is not paid twice. It is important to note, that such pension payments are taken into account to calculate your overall income and could have the effect of increasing the rate at which other sources of income are taxed.

Qualifying government pensions are exempt from social charges.

Private pensions (occupational, stakeholder, SIPP)
Pension payments received from UK private pensions are taxable in France (not the UK) if you are French resident and again, where an S1 is held, the payments are exempt from social charges.

Annuities
Annuities are more complex and advice needs to be sought to establish the type of annuity held, as annuities can be interpreted as investment income in France rather than pension income.

Allowances
Amongst other allowances relating to pension income, there is a general 10% tax abatement on pension income (with the exception of qualifying UK government pensions) with a minimum of €394 and a ceiling of €3,858 (applicable to 2020 tax returns and subject to change). The allowance is per taxpayer, although the ceiling stated is per fiscal household.

The allowance only relates to tax and not social charges, where applicable.

Lump Sums
Lump sum pension payments are an area for discussion in another article. Other than qualifying UK government pension lump sums, such payments (including UK tax free lump sums) are taxable in France.

I would always strongly recommend that you speak to a France based qualified adviser, familiar with UK pensions, before any firm decision is made to take a lump sum payment.