How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ed Johnson Your Own Question

Ed Johnson
Ed Johnson, Tax Preparer
Category: Tax
Satisfied Customers: 10760
Experience:  GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
Type Your Tax Question Here...
Ed Johnson is online now
A new question is answered every 9 seconds

How long can a US resident remain in France without paying

Customer Question

How long can a US resident remain in France without paying taxes?
Submitted: 5 years ago.
Category: Tax
Expert:  Lev replied 5 years ago.

Are you US citizen or green card holder?

Are you a resident or non-resident in France?

Do you have income from US sources? France sources?

Customer: replied 5 years ago.
1) US citizen
2) non-resident in France
3 OIncome is from US sources

Domiciled in Texas but have rented properties in France and wish to know how much time I am allowed to spend there without hsving fiscal problems either in France or in the USA,
Expert:  Sandi Hargrove, SkyHawks replied 5 years ago.
A citizen of USA must report total worldwide income on their USA tax return even if they live outside USA. There is no time period as long as you retain your citizenship.

You may exclude a portion of your income EARNED ABROAD if you are outside USA for longer than 1 full tax year or 154 days during a tax year IF their time abroad (spanning multi years) is more than 365 days.

You are allowed to deduct tax paid to France to help eliminate the double taxation of the income.
Expert:  Lev replied 5 years ago.

You are deemed to be tax-resident in France if:

  • you has a main home in France; or
  • France is the place of you principal abode; or
  • France is the place where you perform your principal professional activities; or
  • France is the center of your economic interests.

Once French residence has been determinated - you would be subject of income tax as a resident.

 

The general rule that is applied is that, if you spend 183 days per calender year in France, then you are deemed to be resident. However, if you arrive in France with an intent to becoming resident, then you become resident from the very first day you've arrived.

As you are US citizen - all your income worldwide is taxable in US. It is possible that you can actually be resident in both countries, and the terms of the double taxation treaty between US and France would determine the rules that applies.

 

Generally the same income should not be taxed twice and as a resident of France you may claim a credit for taxes paid in US.

You would not be able to claim a credit for taxes paid in France on your US tax return because that is an income from US sources.

Customer: replied 5 years ago.
I have not accepted your answer as it does not answer my question. I know very well all about American tax law that you describe. I simply wish to know how long an American citizen can stay in France without getting into tax troubles. It used to always be less than 6 months but rumour hath it that now the EU has scaled that period down to 3 months. I wish to know if this is correct or not. Thank you. I have explained here my non-acceptance of your reply as I had an email asking me to do so.
JdeM
Customer: replied 5 years ago.
I have not accepted your answer as it does not answer my question. I know very well all about American tax law that you describe. I simply wish to know how long an American citizen can stay in France without getting into tax troubles. It used to always be less than 6 months but rumour hath it that now the EU has scaled that period down to 3 months. I wish to know if this is correct or not. Thank you. I have explained here my non-acceptance of your reply as I had an email asking me to do so.
JdeM


Expert:  Sandi Hargrove, SkyHawks replied 5 years ago.
<p>Reporting of the income by France used to be made prior to the end of the following quarter which gave you almost a 6 month period prior to discovery. A change to monthly reporting was done after the 911 disaster. This will give you just less than 2 months before discovery.</p><p> </p><p>I hope this is the info you need.</p>
Customer: replied 5 years ago.
All this is well known. What is questioned and not addressed is the fact that the EU seems to have stepped in and halved the 183 day period. I am searching for ruling as to how long a US citizen with no wish whatsoever of being a French resident may be in France without having any hassle such as need for 'carte de sejour'. Therefore I cannot accept this answer.
Expert:  Ed Johnson replied 5 years ago.

DearCustomer

 

I see we are having trouble answering your question.

 

As I understand the question,

 

YOu are actually asking for two things:

 

1. What the requirements are for "Carte De Sejour" and the tax consequences that arrise from that, or

 

2. The tax obligation requirements alone in the absence of a Carte De Sejour requirement.

 

There are more than the French requirement that have to be met. The French requirements also have to yield to the tax treaty between the U.S. and France.

 

So in any case, you can always use the tax treaty for your situation.

 

I need to know if my understanding is correct, and what you need for proof.

 

You indicate if there are any rulings? Which there may not be at this time, in which case, all we will have is currently legislation, tax treaty amendments and information provided in the process on official government sites.

 

Please let me know if my understanding is correct, and if any of the information I can source will be acceptable by you.

 

Customer: replied 5 years ago.
I am asking but one thing. How long can a US citizen be in France in a calendar year without having any fiscal problems. I know all about the tax laws that are cited. The question here is whether the European Union has reduced the period of time that can be spent in an EU country from six months down to three. Where can one find legislation regarding this and what is final ruling? Hope I have made myself clear now. Thank you.


Expert:  Ed Johnson replied 5 years ago.

DearCustomer

 

Thanks, XXXXX XXXXX I understand. I guess the problem we are having is that as a U.S. Citizen, the tax treaty still says 183 days, regardless of any new law currently passed in France or the EU.

 

The European Union does not currently have universal tax law, although one is proposed. There is a push to get all EU countries on the same sheet of music in regard to taxes, but for now, France is in fact, eliminating taxes in 2008 and has already eliminated tax on overtime, contrary to the EU.

 

It would be nice to know where you are hearing these rumors, as I do the U.S. Treasury Tax Panel work for international taxes.

 

I will gather my international tax sources and forward them to you.

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • Wallstreet Esq.'s Avatar

    Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    566
    10 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/KU/KUMI95/2013-9-30_195031_kumar.64x64.jpg Wallstreet Esq.'s Avatar

    Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    566
    10 years experience
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    3046
    10+ years tax preparation and tax advice.
  • http://ww2.justanswer.com/uploads/CATax/2009-08-04_204548_Mark.jpg Mark D's Avatar

    Mark D

    Enrolled Agent

    Satisfied Customers:

    985
    MBA, EA, Specializing in Business and Individual Tax Returns and Issues
  • http://ww2.justanswer.com/uploads/IN/insearchoftheanswer/2013-8-16_0233_attorney.64x64.jpg Richard's Avatar

    Richard

    Tax Attorney

    Satisfied Customers:

    3103
    29 years of experience as a tax, real estate, and business attorney.
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    CPA, CMA, CFE

    Satisfied Customers:

    3257
    Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/JG/jgordosea/2012-6-7_43138_GordosVeritas.64x64.jpg jgordosea's Avatar

    jgordosea

    Enrolled Agent

    Satisfied Customers:

    2679
    I've prepared all types of taxes since 1987.
  • http://ww2.justanswer.com/uploads/OZ/ozaukeecpa/2012-6-7_193219_Picture1croppedandshrunk.64x64.jpg MequonCPA's Avatar

    MequonCPA

    Certified Public Accountant (CPA)

    Satisfied Customers:

    2219
    CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.