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Expert US expat tax help for Americans living in France

Have you thought about your taxes yet?

Expert US expat tax help for Americans living in France
File photo: 401(K) 2012/Flickr

It’s that time of year again. US tax filing deadlines are just around the corner. Of course, sorting through all the forms can be a real headache – especially for Americans living abroad.

Luckily, there’s help for the computationally challenged among us.

The Local speaks with David McKeegan, Co-Founder of Greenback Expat Tax Services, who’s helped thousands of US expats with their tax preparation.

What’s one of the most important things Americans abroad need to know about US expat taxes?

The key factor that all US expats need to know is that the US uses a citizenship-based taxation system, so living abroad does not exempt you from filing a US tax return each year.

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You must report your worldwide income on your US expat taxes (yes, even income you earned abroad!) and you may also be required to report your foreign bank accounts and financial assets via the Foreign Bank Account Report (FBAR) or FATCA Form 8938 if you exceed the respective filing thresholds.

What are the differences between FBAR and FATCA?

While both of these require you to report certain foreign financial accounts and assets on your US expat taxes, they differ greatly:

The FATCA Form 8938 will be filed with your expat tax return and submitted to the IRS, but your FBAR will be filed with the US Treasury Department.

Also, the filing threshold for Form 8938 is quite a bit higher than FBAR, as it starts out at $200,000 for US expats and goes up to $600,000, depending on your filing status. Whereas, an FBAR is required if your foreign bank accounts exceed $10,000 at any point during the tax year.

What are the tax deadlines US expats need to know for 2017?

In the US, while a majority of citizens are focusing on the April 18th tax deadline, US expats actually receive an automatic two-month extension until June 15th to file their taxes. There is also the option for an additional extension, making the final tax deadline October 16th.

Despite the extended deadline for expats, it is important to note that any taxes owed to the IRS will still be due by April 18th, or interest will accrue until the tax bill is paid. If you’re unsure whether you’ll owe taxes, you can estimate your amount due by working with an expat tax professional or using tools on the IRS website.

The deadlines for filing state taxes will vary on a state-by-state basis, so it’s important to research the requirements of your specific state in order to stay on top of the deadline.

What do expats need to know about the FBAR deadline change?

Historically, the FBAR always had its own deadline – June 30th following the tax year. This meant another date that US expats had to keep track of, not to mention the fact that there was absolutely no extension available – so a late FBAR meant the risk of incurring penalties.

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Beginning this year, though, the FBAR deadline has changed significantly. The deadline has moved up to Tax Day, which is April 18th this year. However, US expats receive an automatic two-month extension, making FBAR due the same day as expat taxes – June 15th. This change should make it easier for expats to keep track of important deadlines, since expat taxes and the FBAR now follow the same timelines.

Also, there is an additional automatic extension until the October 16th deadline if you need more time to complete your FBAR. It’s worth noting that the automatic extension is in place to help Americans acclimate to the deadline change, so it’s possible it may not be offered in the future.

The one difference to make note of is the fact that the FBAR is still filed with the US Treasury Department – it is not submitted with your US Tax Return.

Why is the new passport revocation law a big deal for US expats?

The passport revocation law, which went into effect in late 2015, allows the US State Department to revoke the passport of any US citizen owing more than $50,000 to the IRS.

At first glance, that amount of tax debt may seem hard for the average person to exceed, but it’s actually quite easy for interest and penalties to accrue while living overseas as an expat!

For example, failing to file FATCA Form 8938 incurs a penalty of $10,000 and increases for continued failure to file. If an expat wasn’t aware of their filing obligations for Form 8938, it’s easy to see how interest and penalties can add up quickly!

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That’s why it’s so important to stay on top of your tax filing and bank account reporting obligations, so you won’t have to worry about being penalized or worse, having your passport revoked.

Is there anything specific US expats living in France should know about expat taxes?

As a US expat in France, there are a few things you should be aware of:

*You must meet one of three qualifications to be considered a French resident:

  1. Your primary home or residence is located in a French territory, and you must spend more than 183 days in France or more time in France than any other country.

  2. Your primary employment or profession is derived from France.

  3. France is the place of your center of economic activity.

*France taxes “family units,” and a married couple will be required to file a joint tax return.

*There is a special tax regime for foreign nationals on temporary assignment in France if the individual hasn’t been a resident of France in the five years preceding his or her arrival and he or she must not be assigned to live in France for more than six years.

How can Greenback help US expats become and stay compliant with the IRS?

We know expatriate taxes can be complicated – that’s why our team of accountants strive to make the process of filing taxes a hassle-free experience for US expats.

We aim to help expats navigate and understand the US tax system and how their individual situation is affected by IRS requirements.

We now have over 30 expat-expert accountants on our team from all over the world.

Having lots of team members who are or have been expats themselves means they understand the challenges Americans living abroad face when it comes to their taxes.

Start your US expat tax return with Greenback today!

This article was produced by The Local Client Studio and sponsored by Greenback Expat Tax Services

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TAXES

Explained: France’s exit tax

Planning on leaving France? You may, depending on your circumstances, be charged the 'exit tax'.

Explained: France's exit tax

Like some other European countries, France does have an exit tax for those (French or foreign) who are leaving the country. It’s known by the English name l’Exit tax.

However, it won’t affect most people.

Only those who have been tax resident for a minimum six years of the 10 years immediately before they permanently move out of the country are liable to pay an exit tax – if, that is, they own property, titles or rights worth a minimum of €800,000, or that represent 50 percent of a company’s social profits.

If that affects you, the best advice is to seek expert individual financial advice before moving out of France for good. The relevant page on the French government’s impot.gouv.fr website says it is possible to defer payments, and some relief is available.

Because of the relatively high figures involved, this tax is irrelevant for most people. That said, however, you will still have to inform tax authorities that you are moving out of the country because you may still have income, property and capital gains taxes to pay.

Income tax

You must inform the tax office that you are moving and give them your new address so that your tax declarations can be transferred to your new address.

You are liable for tax on everything you earned in France prior to your departure as well as on any French earnings that are taxable in France under international tax treaties that you earned after your departure.

The year of your departure, you declare your previous year’s earnings as normal – declarations in spring 2024 are for earnings in 2023.

A year later, you will have to declare any earnings taxable in France from January 1st up to the date of your departure, and any French-sourced income taxable source until December 31st of the year of your departure.

If you continue to have any French-sourced income – such as from renting out a French property – you will have to declare that income annually, using the non-residents declaration form.

Property taxes

You will have property taxes to pay if you own a French property on January 1st of any given year – whether it is occupied or not. 

Property tax bills come out in the autumn, but they refer to the situation on January 1st of that year, so even if you sell your property you will usually have the pay a final property tax bill the following year.

Moreover, if you receive income from property in France or have rights related to that property (such as shared ownership or stock in property companies), as well as any additional revenue connected to the property, during the year you leave France, you will be required to pay taxes on these earnings.

If any property assets in France exceed €1.3 million on January 1st of a given year, you may also have to pay the wealth tax (IFI).

READ ALSO What is France’s wealth tax and who pays it?

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Capital gains tax 

If you sell your French property or share of a French property, you may be liable for capital gains tax at a rate of 19 percent. It will also be subject to social security contributions at the overall rate of 17.2 percent.

Capital gains tax varies depending on how long you have owned the property and whether it was a second home or your main residence.

READ ALSO How much capital gains tax will I have to pay if I sell my French property?

The good news is, if you move to another EU country, or any country that has a specific tax agreement with France, you may be exempt from capital gains tax for non-resident sellers on the sale of a property that was your principal residence in France.

If you move elsewhere, you may be able to claim exemption on capital gains tax up to €150,000. As always, you should seek expert financial advice.

Tell Social Security

Inform social security that you are leaving France permanently – and return your carte vitale if you have one. If you do not, you may be liable for any benefits you receive to which you are no longer entitled.

More mundane tasks involve informing utility and water companies, your internet provider, if you have one, the phone company, your insurance companies, banks – and La Poste, who will be able to forward your mail for up to 12 months, for a fee…

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