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Ed Johnson
Ed Johnson, Tax Preparer
Category: Tax
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Experience:  GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
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Need some advice on french tax, I currently live in the UK

Resolved Question:

Need some advice on french tax, I currently live in the UK and work offshore all over the world.(currently Angola) I qualify for UK seamans earnings deduction (SED) where by I can claim 100% tax rebate. If I move to france how will this affect me? I will be out of the country for approx 190 days.
Submitted: 5 years ago.
Category: Tax
Expert:  Ed Johnson replied 5 years ago.

DearCustomer

 

Will you be resident in France or still working off shore?

 

do i understand correctly you will be physically resident in France for 190 days.?

Customer: replied 5 years ago.
My main home will be in france so yes I guess I will be classed as a resident along with my wife and 1 child. I will still be working offshore somewhere and will be out of the country (france) for approx 190 days
Expert:  Ed Johnson replied 5 years ago.

Dear fullhouse,

 

The following answer is based on your being physically present; but I see your wife and child will e resident for 183 days, making this your domicile. Gotcha.

 

1. Currently UK nationals moving to France are liable for wealth tax (impot sur la fortune) on the net value of their worldwide assets, including the value of any real estate or rights in real estate outside France.

 

2. If you work for a UK shipping company, then the current tax treaty allows you to escape taxes in both France and the UK, as you have been doing.

 

This will all change in mid 2009, when the new UK-French Tax treaty takes affect. BUT, you will be gone by then.

 

In the mean time, if you have purchased a home in France or established a physical residence there for your family, for tax purposes, France will consider this your domicile.

 

But you are working off shore, and if the shipping company you are working for is not a UK employer, then you would have to pay taxes to France.

 

If you are a seafarer IN TERRITORIAL French waters you would pay income tax to France.

 

If you are a seafare NOT in territorial French waters, you would not pay income tax to France because of the French exclusion of seafarer income earned while outside French territorial waters.

 

 

 

 

Customer: replied 5 years ago.

I will shortly accept your answer just still a bit confused. I am paid be an offshore company for days worked.

 

I don't think my employer is a UK company does this matter?

 

Do I have to declare my earnings to the french tax office?

Expert:  Ed Johnson replied 5 years ago.

DearCustomer

 

The fact that you do not have a UK employer, matters in that you can continue to avoid taxes to the UK.

 

You will have to declare earnings to the French Tax Office by filing your French Return at the end of the tax year.

 

Ed

Customer: replied 5 years ago.

Sorry to drag this out but just to confirm! so all is clear

 

I will be a resident in France by virtue of this is my main domicile. If I am out of france for more than 182 days working offshore or onshore in another country, I will have to declare my earnings to the french tax authorities but will not be liable to pay any income tax? Is this correct? I need to be 100% on this before I make the move.

 

 

 

Expert:  Ed Johnson replied 5 years ago.

DearCustomer

 

Not quite right.

 

I do no know how to be more clear.

 

If you are domiciled in France, as you will be:

 

If your employer is a UK employer, then you can escape taxes in both the UK and France, even though your domicilie is in france, by virtue of the tax treaty.

 

If your employer is not a UK employer, then you must pay French taxes if your duties are in territorial waters.

 

If your employer is not a UK employer, then if you are outside the territorial waters of france for 183 days or more, then you do not have to pay french taxes.

 

the primary focus is:

 

what is the nationality of the employer: UK or NOT

 

IF you are working in territorial waters or not:

Ed Johnson, Tax Preparer
Category: Tax
Satisfied Customers: 10760
Experience: GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
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