CdS and tax
#1
Just Joined
Thread Starter
Joined: Jun 2019
Posts: 2
CdS and tax
What French taxation implications are there in applying for a Carte de Sejour?
In other words, can one apply for a CdS on the basis of being in France permanently, if temporarily, but tax resident (paying taxes) in another country - eg UK.
Or does the CdS automatically mean a French tax situation/declaration?
Many thanks for any advice.
In other words, can one apply for a CdS on the basis of being in France permanently, if temporarily, but tax resident (paying taxes) in another country - eg UK.
Or does the CdS automatically mean a French tax situation/declaration?
Many thanks for any advice.
#2
Lost in BE Cyberspace
Joined: Apr 2008
Location: Hérault (34)
Posts: 8,888
Re: CdS and tax
What French taxation implications are there in applying for a Carte de Sejour?
In other words, can one apply for a CdS on the basis of being in France permanently, if temporarily, but tax resident (paying taxes) in another country - eg UK.
Or does the CdS automatically mean a French tax situation/declaration?
Many thanks for any advice.
In other words, can one apply for a CdS on the basis of being in France permanently, if temporarily, but tax resident (paying taxes) in another country - eg UK.
Or does the CdS automatically mean a French tax situation/declaration?
Many thanks for any advice.
Whatever your circumstances, one of the conditions for obtaining a Carte de Séjour is residency for 5 years with healthcare coverage corresponding to your status. This in turn means that you've been declaring your world-wide Income (of whatever origin) in France during that time, even if the taxes are paid elsewhere.
The following official link gives a list of all the different types of CdS, corresponding to different statuses.
https://www.service-public.fr/partic...vosdroits/N110
If you give us your employment/retiree/"inactif" status, some one who has been there, done that, will give more specific advice.
HTH
#3
Lost in BE Cyberspace
Joined: Jan 2012
Location: Dépt 61
Posts: 5,254
Re: CdS and tax
I don't understand what this means.
Permanent and temporary are opposites. It can't be both.
If you live in France permanently you are automatically tax resident in France.
If you don't live in France permanently then you live in another country and you're in France as a visitor, and visitors can't apply for a carte de séjour.
Have a read of the EU Freedom of Movement Directive, that might clarify.
Permanent and temporary are opposites. It can't be both.
If you live in France permanently you are automatically tax resident in France.
If you don't live in France permanently then you live in another country and you're in France as a visitor, and visitors can't apply for a carte de séjour.
Have a read of the EU Freedom of Movement Directive, that might clarify.
Last edited by EuroTrash; Jun 21st 2019 at 8:25 pm.
#4
Just Joined
Thread Starter
Joined: Jun 2019
Posts: 2
Re: CdS and tax
I don't understand what this means.
Permanent and temporary are opposites. It can't be both.
If you live in France permanently you are automatically tax resident in France.
If you don't live in France permanently then you live in another country and you're in France as a visitor, and visitors can't apply for a carte de séjour.
Have a read of the EU Freedom of Movement Directive, that might clarify.
Permanent and temporary are opposites. It can't be both.
If you live in France permanently you are automatically tax resident in France.
If you don't live in France permanently then you live in another country and you're in France as a visitor, and visitors can't apply for a carte de séjour.
Have a read of the EU Freedom of Movement Directive, that might clarify.
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#5
Re: CdS and tax
What like a secondment? you need to be clearer is it your business or are you employed by someone else? each of these has different implications if becoming a resident in France.
#6
Lost in BE Cyberspace
Joined: Jan 2012
Location: Dépt 61
Posts: 5,254
Re: CdS and tax
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If you're in France as a posted worker / travailleur détaché then you are regarded as a visitor and you don't acquire permanent residence rights
https://europa.eu/youreurope/citizen...s/index_en.htm
"you don't accumulate rights to permanent residence in your host country."
As CS says, without specific info about your exact situation it's impossible to advise because residence rights etc are very situation-specific. For every conceivable status there is different set of criteria and a different carte de séjour that gives you different rights, and you need to figure out which category you fall into. It's not simply a case of, if you live in France sort-of permanently you can apply for a generic carte de séjour that gives everyone the same rights.
If CS has guessed right and you are a posted worker then France's provision for posted Brit workers after Brexit are set out here (you have to scroll down quite a long way to travailleur détaché)
https://travail-emploi.gouv.fr/minis...aux-employeurs
- basically, if there is a deal then nothing will change during the transition period, and by the end of that period new rules will be in place;
- if there is no deal you will be given a period of grace to apply for a carte de séjour as a "temporary worker" (or as a "salarié" if you're on a French CDII, but since you say you're paying tax in the UK presumably you're not) which will be valid for the duration of your posting (or CDII contract) as notified to France by your employer via the SIPSI system.
Hope this clarifies a bit.
https://europa.eu/youreurope/citizen...s/index_en.htm
"you don't accumulate rights to permanent residence in your host country."
As CS says, without specific info about your exact situation it's impossible to advise because residence rights etc are very situation-specific. For every conceivable status there is different set of criteria and a different carte de séjour that gives you different rights, and you need to figure out which category you fall into. It's not simply a case of, if you live in France sort-of permanently you can apply for a generic carte de séjour that gives everyone the same rights.
If CS has guessed right and you are a posted worker then France's provision for posted Brit workers after Brexit are set out here (you have to scroll down quite a long way to travailleur détaché)
https://travail-emploi.gouv.fr/minis...aux-employeurs
- basically, if there is a deal then nothing will change during the transition period, and by the end of that period new rules will be in place;
- if there is no deal you will be given a period of grace to apply for a carte de séjour as a "temporary worker" (or as a "salarié" if you're on a French CDII, but since you say you're paying tax in the UK presumably you're not) which will be valid for the duration of your posting (or CDII contract) as notified to France by your employer via the SIPSI system.
Hope this clarifies a bit.
Last edited by EuroTrash; Jun 23rd 2019 at 7:39 am.