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How long can a US resident remain in France without paying

Customer Question
taxes?...
How long can a US resident remain in France without paying taxes?
Submitted: 9 years ago.Category: Tax
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Answered in 11 hours by:
9/3/2008
Tax Professional: Lev, Tax Advisor replied 9 years ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,132
Experience: Taxes, Immigration, Labor Relations
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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?

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Customer reply replied 9 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,
Tax Professional: Sandi Hargrove, SkyHawks, Master Tax Advisor, Enrolled Agent replied 9 years ago
Sandi Hargrove, SkyHawks
Sandi Hargrove, SkyHawks, Master Tax Advisor, Enrolled Agent
Category: Tax
Satisfied Customers: 1,257
Experience: I am a Master Tax Advisor and Enrolled Agent. I have 40 years experience. Trucking specialist.
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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.
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Tax Professional: Lev, Tax Advisor replied 9 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.

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Customer reply replied 9 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 reply replied 9 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


Tax Professional: Sandi Hargrove, SkyHawks, Master Tax Advisor, Enrolled Agent replied 9 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>
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Customer reply replied 9 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.
Tax Professional: Ed Johnson, Tax Preparer replied 9 years ago
Ed Johnson
Ed Johnson, Tax Preparer
Category: Tax
Satisfied Customers: 10,760
Experience: GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
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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.

 

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Customer reply replied 9 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.


Tax Professional: Ed Johnson, Tax Preparer replied 9 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.

 

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Ed Johnson
Ed Johnson
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