SHARE
COPY LINK
For members

AMERICANS IN FRANCE

Eight hard facts Americans should be aware of before moving to France

France may be a lovely place for a vacation, but moving here permanently is a different story. Here are some hard truths Americans should consider before making that decision.

Eight hard facts Americans should be aware of before moving to France
A person waves French and American flags in 2017 on board a cruise liner (the RMS Queen Mary 2) that goes between Saint-Nazaire, France and to New York city. (Photo by LOIC VENANCE / AFP)

You’ve probably already heard about the struggles of navigating French bureaucracy as a foreigner, the importance of learning the French language, the complexities of residency cards and visas and – if you want to move to Paris – the difficulty in finding somewhere to live.

If you are not a dual citizen, then you will also need some kind of visa or residency card to spend more than 90 days out of every 180 here.

READ MORE: EXPLAINED: What type of French visa do you need?

The above things affect most people moving to France, but there are some specific challenges for Americans.

Now we’re not trying to put you off – many Americans live very happy lives in France – but it’s as well to be aware of potential problems before you move.

Banking 

Americans often have problems opening a French account because of the Fatca legislation, or the Foreign Account Tax Compliance Act, which obliges foreign banks to report back to the US tax office on any assets held in these accounts by US taxpayers. 

So don’t be surprised if you are turned down flat when you try to open an account, even if you have plenty of money and an excellent credit rating. You can find a full explanation of the problem, and what to do about it, HERE

Tax 

Don’t imagine that the IRS will let you go just because you have left the country – because of the American policy of citizenship-based taxation and you must continue to file US taxes until you either die or renounce your US citizenship.

READ MORE: Divorce, stress and fines: How citizenship-based taxation affects Americans in France

However, just because you have already filed with the IRS doesn’t mean that you are exempt from the French tax system, if you are living in France you are counted as French tax resident; yes, you’re probably going to end up doing two tax returns per year – sorry, we didn’t make the rules! 

According to the French government, you are a tax resident (and therefore you must file a yearly declaration) if you meet ANY of the following conditions;

  • Live in France 
  • Working or earning any kind of income in France
  • Have the centre of your economic interests in France

The government’s definition of living in France is that France is your ‘main place of residence’ and it defines this as ‘you stay there more than six months of the year’.

If you are seeking to avoid filing a tax declaration in France, limiting yourself to under six months a year is not the only thing to consider. You also need to think about whether you are working in France, or whether you have your ‘main investments’ in France. 

Once you’ve established that you are resident in France, you need to be aware that everyone who lives in France must file an annual income tax declaration (déclaration des revenues) – even if they have no income in France.

Some good news though – being a French tax resident and filing the annual declaration in France doesn’t necessarily mean that you will have to pay French taxes. Americans benefit from a generous tax treaty with France that keeps certain types of income (eg a US pension) out of the scope of the French taxman.

READ MORE: Ask the expert: What Americans in France need to know about 401(k) and other pensions

Investments

Citizenship-based taxation doesn’t just mean filing a US tax return for the rest of your life – IRS rules also limit what you can do with your money in France, especially when it comes to life insurance and pensions.

Popular ways that French people save for old-age, like the Assurance Vie or Plan d’Epargne de retrait are not advisable for Americans because the IRS considers them to be Passive Foreign Investment Companies (PFICs). These are not banned for Americans, but they will open up a whole world of complications with the IRS.

READ MORE: Ask the experts: What do Americans in France need to know about investments and pensions?

On the other side of the coin, Americans resident in France need to be very careful about any US-based trusts that they are beneficiaries of. French tax authorities are very suspicious of trusts, and consider them linked to tax evasion. This can lead to onerous reporting requirements and high taxes (upon distribution).

Estate planning

France has both complicated laws on inheritance (for example you cannot disinherit your children) and some high inheritance tax rates – ranging from 0 to 60 percent based on the person’s relationship with the deceased.

In contrast to the US, it is the recipient who is responsible for paying tax (based on the amount they receive) rather than entire estate being taxed prior to distribution.

The standard rule is that if you are considered to be a resident of France, then your entire estate, including assets located outside of France, can be subject to inheritance tax by French authorities (subject to international agreements and bilateral tax treaties).

READ MORE: Death and taxes: What you need to know about estate planning in France

It is therefore highly recommended to take advice from a lawyer and accountant licensed in both France and the US to ensure that your estate planning is legal and tax compliant in both countries.

Healthcare

While it is true that France has quality public healthcare and you can register to be part of the state system after three months of living in France, you might still find yourself paying health-related expenses.

First off, the system works via reimbursements – you pay upfront for appointments, medication and medical procedures and, if you are registered in the system, the French state reimburses you some or all of the cost.

READ MORE: How to get a carte vitale in France and why you need one

If you move to France on a ‘visitor’ visa you will need to show proof of private health cover, usually for one year.

There is also a possibility you will be charged for PUMa – or protection universelle maladie.

For Americans not expecting to owe the French government anything, it can come as quite a shock and it can be even more confusing to try to parse out who owes the charge and who does not, as its application may appear random when taken at face-value.

The charge associated with PUMa is actually called the ‘cotisation subsidiaire maladie’, or CSM.

At the highest bracket, the maximum CSM charge possible as of 2024 was €22,604 per year. There are, however, many groups who are exempt from CSM charges.

Find the full explanation HERE

Working in France

As an American, you will probably notice that French salaries are significantly lower than those in the US. On the plus side, French workers benefit from a minimum of 25 vacation days per year, plus public holidays, sick pay and parental leave, plus it is harder to be fired here.

READ MORE: The best job search websites in France and tips for using them

You will also have to familiarise yourself with the world of French residency cards, assuming you are not an EU/French dual national or the spouse of one, since only certain residency cards give you the right to work in France.

If you don’t already have the right to work in France, then your employer may need to apply for a work permit on your behalf. 

This extra admin burden means that employers may be less willing to hire Americans who do not already have the right to work in France.

READ MORE: Three things to know about work permits in France

The grey area of working remotely from France

On the topic of work, it’s worth pointing out that France does not have a specific ‘digital nomad’ visa.

READ MORE: Digital nomad: What are the rules on working remotely from France?

Instead, freelancers who work online or remotely are often recommended to apply for the ‘entrepreneur’ visa, but to qualify for this you will need a business plan to prove that you will be able to support yourself financially – or evidence of savings. Generally, you should offer any and all proof that your freelancing activity will provide sufficient income at least equivalent to France’s legal minimum wage.

Many Americans move to France a ‘visitor’ visa with hopes of continuing to work remotely for a company based in the US. However, this is a legal grey area, as the visitor visa requires that applicants declare that they will not “exercise a professional activity in France”.

If you’re thinking of working remotely from France, you may be able to do so, but you will need to consider the implications it will have on other parts of your life here – from tax to social security contributions and insurance.

READ MORE: Ask the experts: What’s the deal with remote working and France’s visitor visa?

Driver’s licence

If you drive, you will need to swap your American licence for a French one within one year of moving here.

READ ALSO: Is it illegal to drive on a foreign licence if you live in France?

Americans face an extra hurdle here – only certain states have a reciprocal agreement with France. If your state does not have one, then you will have to take a French driving test in order to get a licence in France. 

The following US States have licence swap agreements with France:

Delaware*,  Maryland*, Ohio*, Pennsylvania**, Virginia*, South Carolina, Massachusetts,  New Hampshire, Illinois, Iowa, Michigan, Wisconsin*, Arkansas*, Oklahoma*, Texas*, Colorado*, Florida**, Connecticut**
* Swap for Permis B licences in France, ** Swap for Permis A and/or B licences in France – see below for what this means

Buying French property

The good news is that there are no official rules in France against non French-citizens purchasing property, neither is there any requirement to be resident in the country in order to buy property. In fact, foreign second-home owners make up a small but significant slice of the property market.

Buying a home will be significantly simpler if you are paying cash, but if you need a mortgage then you will likely run into some challenges, linked to those Fatca rules that also make it harder to get a bank account.

READ MORE: French property: How to get a mortgage in France

When it comes time to purchase, you should know that the process will be very different from the United States.

In contrast to the US system of having a realtor who guides you through the entire process, in France – as in most of Europe – buyers are expected to do much work of the house-hunting work themselves. 

Once you have found a property you want to buy, then you need to allot time for all of the different steps, as it can take several months. You should also familiarise yourself with French property taxes.

The Local has an “Americans in France” monthly newsletter for members, featuring all the news and practical information you need as an American resident, visitor or second-home owner in France. You can sign up to receive it directly to your inbox.

Member comments

  1. You continue to be domiciled in the last US state you lived it. So you vote there. And probably will continue to pay state income tax there.

Log in here to leave a comment.
Become a Member to leave a comment.
For members

AMERICANS IN FRANCE

Is there really a 1949 treaty that allows Americans an extra three months in France?

You might have heard rumours about an old but never-repealed treaty between France and the USA that allows Americans an extra three-month stay in France without requiring a visa. But is it still valid?

Is there really a 1949 treaty that allows Americans an extra three months in France?

It sounds almost too good to be true – an obscure treaty that would potentially allow Americans to stay up to six months in Europe without needing a visa . . .

The agreement exists, it was one of several bilateral travel agreements that France made in 1949.

It states: “From April 1st 1949, citizens of the US can enter the following countries on the simple presentation of a valid passport, without a visa, and stay between one day and three months; France, Andorra, Algeria, Morocco, Gaudeloupe, Martinique, French Guiana and Réunion (or Tunisia for two months).”

First things first, we would strongly advise against turning up at the border of Algeria, Tunisia or Morocco and claiming your right to free entry based on an agreement that France made for them back in the days when they were colonised. Awkward.

The Caribbean islands of Guadeloupe and Martinique, the Indian ocean island of La Réunion and the South-American territory of French Guiana remain French. For administrative purposes they are part of France, but they are not part of the Schengen zone so have slightly different travel rules. Andorra is different again.

Schengen rules

These days France is part of the EU’s Schengen zone and that has its own rules for travel.

Americans are one of several nationalities covered by the ’90-day rule’ – this allows for stays of up to 90 days in every 180 in the Schengen zone, without the requirement for a visa. In total over a year you can spend 180 days visa free, but they cannot be consecutive – within any 180-day period you must not stay for more than 90 days.

READ ALSO How does the 90-day rule work?

The 90-day limit covers time spent in any of the Schengen zone countries – so for example if you are travelling around France, Italy, Spain and Austria you get 90 days total, not 90 days in each country.

The 1949 agreement allows three months visa-free in France, while the Schengen zone agreement allows 90-days visa free in France – basically the same amount.

However where the 1949 agreement could potentially be an advantage is for Americans who want to travel around Europe for several months – essentially giving them three months in France plus 90 days in the rest of the Schengen zone countries, allowing for a six-month visa-free stay in Europe.

Neither rule allows for more than 90 days in France without getting a visa – if you want to stay longer than that in France, you will need a visa (unless you have dual nationality with an EU country).

Schengen rules versus pre-existing bilateral agreements

But is the 1949 agreement still valid? It’s true that the agreement was never specifically cancelled, but since then something big has happened – the creation of the Schengen free travel area which came into force in 1990.

The Schengen agreement creates a free travel zone (expanded several times since 1990 and now encompassing 29 countries and about 420 million people).

Countries that are part of the Schengen area;

  • do not carry out checks at their internal borders, except in cases of specific threats
  • carry out harmonised controls at their external borders, based on clearly defined criteria

The rules are covered by the Schengen Borders Code, which involves countries adopting a common visas policy – in brief this means that countries are free to set their own visa policy (eg types of visa offered, visa costs/duration) but must agree on who needs a visa and who does not.

The European Council explains: “An EU common visa policy is necessary for the effective functioning of the border-free Schengen area as it facilitates the entry of visitors into the EU, while strengthening internal security.

“The EU has established a visa policy for: intended short stays in or transit through the territory of a Schengen state; transit through the international transit areas of airports of the Schengen states; short stays are stays of no more than 90 days within any 180-day period.”

So the EU is clear that it operates a common visas policy – limiting visa-free stays to no more than 90 days in every 180.

French policy 

Part of the confusion over this historic agreement seems to be that over the years several French consulates have provided contradictory or confusing advice suggesting that the 1949 agreement is still in force.

You may be lucky and find a border guard who agrees with their interpretation – but if you find someone who interprets the Schengen rules as superseding the 1949 treaty, they will be able to provide a lot of more up-to-date and clearer statements of the rules specifying that non-EU citizens such as Americans are limited to 90 days in every 180 within the Schengen zone.

If you lose your argument at the border, you are liable to end up with an ‘over-stayer’ stamp in your passport which may make it difficult for you to re-enter any EU country, or to get a visa for any EU country.

Is it really worth taking that risk?

EES

Starting later in 2024 – probably October although it could be delayed again – is the EU’s new Entry & Exit System.

You can find a full explanation of it here, but it basically automates the counting of the 90-day allowance – passports will be scanned on entry and exit of the Schengen zone and dates automatically tallied.

There are exemptions for people who have residency permits or visas, but there is no provision built into the system to show old treaties at the border.

French citizens

The 1949 agreement is a bilateral one, so it also includes a provision for French people wanting to go the USA.

It states: “French citizens wishing to travel to the United States for stays not exceeding three consecutive months may, if they wish, receive free visas valid for two years and for an unlimited number of trips during that period.”

Sadly, this is no longer valid either – the US does not allow visa-free travel and French citizens wishing to go even for a short holiday will need to complete the ESTA visa-waiver online before travelling. Anyone who has failed to complete this form (which is not free) will be denied boarding by their airline.

Once completed, the ESTA visa waiver covers multiple trips for two years (unless your passport is renewed in that time, in which case you have to do it again).

The ESTA visa allows trips of up to 90 days per visit, French people wishing to stay for longer will need to apply for a visa.

SHOW COMMENTS