greaterbelfastguy

Hello,

Hopefully someone will be able to answer my question here. So far citizens advice, and a couple of different solicitors have been unable to help.

The story is this: My father lived for the last few years of his life in France. Upon his death (almost a full 2 years ago), I travelled to France and did my very best to tie up all his loose ends, pay all his outstanding bills etc. out of the estate; thought it was all done and dusted.

Now, a few weeks ago I get a letter out of the blue demanding payment of his outstanding taxe d'habitation and taxe fonciere, to the tune of about three-thousand Euros. Obviously I wasn't aware of any such tax at the time (remember, 2 years ago...) or it would have been paid along with the other outstanding debts I paid off.

So my question is this; can anybody from France pursue me for these taxes here in the UK? I mean specifically, do they have any powers to chase me and try and collect these debts that I've inherited..?

I really don't want to come across as some kind of tax-dodger, but I simply don't have the money to pay them. Like I said, had I known at the time that they existed, it would have been paid with the pittance my father left behind along with the other debts. Getting a bill from a foreign country 2 years after his death is well.., imagine how it would make you feel.

Ka Ora!

Welcome to the Forum, HERE is a link that explains the procedures for a British person to get a European Enforcement Order, And the other bits a bobs that go with it. Im not sure what the French call it here but in answer to your question yes they can pursue you across European borders to recover monies owed.

If I were you I would consider contacting the Impots here to see what can be done if they are not aware of his death etc.

Once again Welcome to the Forum.

greaterbelfastguy

Oh they know he's dead alright.

I guess my hope/theory is that residing here in the UK, and being subject to UK laws and customs, that I'm not in any way responsible for whatever debts he has left behind.

Someone out there must know whether or not this is the case, but they seem to be hard to find.

dmu

Hi,
Does the property belong to you? If you were the sole inheritor and have kept it, then I'm afraid you're liable to pay at least the Taxe Foncière (Property Tax) and possibly the Taxe d'Habitation (Occupancy Tax) if no one else actually occupies it and no one told the Impôts that the present owner doesn't live there.
The sum you mentioned sounds "correct" for 2 years of the two Taxes plus the late-payment fines.
If you have sold the property, the Impôts should have sent the two Tax demands to the new owners.
As suggested, you should contact the Impôts, if only to negociate payment over a period of time, but you can't consider the sum as a debt unpaid by your father, it's money due every year on the property by whoever is officially designated as the owner and/or tenant.

greaterbelfastguy

Hi, thanks for your reply.

I guess I didn't make it entirely clear in my first post; his property and a bit of land that he had have been sold. The taxes are for the few years that he lived there. I'm not contesting the fact that he owed them and somehow neglected to pay them. (I went through months of his post and found no record of them ever writing to him)

So to recap; His assets in France were sold, and all outstanding debts that I found to exist at that time were settled; there is no money left from his estate; 2 years after the man died, a foreign governmental department is asking me to pay taxes he owed, out of my own pocket.

dmu

Hi, according to
http://droit-finances.commentcamarch...-heritage.php3
once an inheritance has been accepted, "the heir is obliged to pay the deceased person's debts".
So it seems that you must pay these sums, sorry!

greaterbelfastguy

Yeah, from what I'd read so far I was aware that in a standard situation, like if my father and I had been French citizens I'd be responsible for them. (although I didn't know that it was a condition of accepting the estate, that was never explained to me)

However my original question relating to my particular set of circumstances remains unanswered: do the French have the powers to pursue me, a British citizen who has no ties to France whatsoever, for monies owed by my dead relative. (who didn't have residency in France, by the way, if it makes a difference)

Tweedpipe

I'm no lawyer, but the scenario intrigues me. These are my personal views on your queries:-
"do the French have the powers to pursue me?"
I believe the answer is yes.
"a British citizen who has no ties to France whatsoever"
An acceptance of an inheritance located on French soil (and subsequent sale & benefits from the property), would I believe have 'tied you' legally to France in this respect.
"my dead relative...who didn't have residency in France"
This is confusing as your initial post states, "My father lived for the last few years of his life in France". If he lived in France he was surely resident here. Or have I missed something?

Do we not have any lawyers who look into this forum from time to time? I for one would love to get the factual answers on this.
A suivre......

greaterbelfastguy

I think you are reading the word 'resident' as in the dictionary definition, to be physically located somewhere.

What I meant was he didn't have what they call 'residency'; he hadn't applied for a French residence permit.

loy loy

I think if you reside in France for more than half the year you are classified as resident.

As far as can they pursue you, I have no idea.

But when we bought this house the people left a lot of debt, including tax. And although it is just estate agent talk and heresay she did say we better get these debts cleared, especially the tax because they wont take no for an answer and someone will have to pay it.

They took the money out of the sale price and paid it.... I hope.

Not much help I know.. Sorry. Just saying, I was told they are persistent.

dmu

EU citizens don't need residence permits in France....

Tweedpipe

I have never applied for a French Resident Permit (Carte de Séjour - also known as a Titre de Séjour) but I am classed as resident in France. As DMU has just pointed out EU citizens do not need residence permits in France - they are no longer a legal requirement.
I believe you may be confusing 'temporary residence' with 'permanent residence', but regardless, my understanding is that any stay in French territory for more than three months is considered as residency.
One assumes that your father was either an actif resident - was receiving an income in France from employment or self-employment, or inactif resident - was not engaged in economic activity, not employed or self-employed in France.

Blackladder

Hi Greaterbelfastguy,

Try this link it might help:

http://www.french-property.com/guide...axes/fonciere/

This is a very complicated area (minefield!) but this site might give you a lead.
Good luck!
Blackie

greaterbelfastguy

This is from Angloinfo.com:

"EU Member-State Citizens Moving to France
Any EU or EEA citizen moving to France must carry a valid passport or Identity Document (ID). After three months they are required to declare/register themselves as resident, this is not the same as applying for a work or residence permit, which is not required for EU and EEA citizens from original accession countries."

I guess this is what I actually meant (and not in fact what I said I meant earlier ), that he hadn't declared/registered himself resident.

Basically he had bought a house and just came and went as he pleased, as I understand it.

Novocastrian

No legal expert here and most certainly not on French inheritance laws etc., but isn't it normally the job of the executor(s) to your father's estate who are responsible for settling debts due before disbursing the residual to the inheritor(s)?