SHARE
COPY LINK
For members

TAX DECLARATION

Late fees, fines and charges: What you risk by missing French tax deadlines

The deadlines for the annual French tax declaration are upon us, but what are the penalties if you either miss the deadline or fail to file your return at all? We take a look at the sanctions.

Late fees, fines and charges: What you risk by missing French tax deadlines
You risk financial penalties if you miss tax deadlines. Photo by PHILIPPE HUGUEN / AFP

The annual Déclaration des revenues – income tax declaration – involves virtually everyone in France filling out a form giving detailed information on their income to French tax authorities.

If you live in France, it’s almost certain that you will have to complete this – even if you’re a salaried employee and your tax has already been deducted at source, or if all your income comes from outside France (eg a pension received from the UK or USA).

There are only a very few exemptions to the requirement to fill out the tax declaration and they are listed here

The deadline to complete the 2023 declaration is either late May or early June, depending on where you live – find the full calendar here.

Property owners in France are also required to fill out a one-off property tax declaration this year, with a flat fee for late declarations – more details here

But what happens if you miss the deadline?

For most people there is a staggered system of late charges.

If you are less than 30 days late your overall tax bill can be increased by up to a maximum of 10 percent.

Once you receive a notice of late payment, the overall bill can increase by up to 20 percent, or 40 percent if you have still not filed within 30 days of receiving the later payment notice.

You will also be charged interest on late payments.

What if I don’t pay income tax in France?

If you have no taxable income in France – for example your only income is a pension from another country – then you still have to fill in the declaration.

If you file late the increases cannot be applied, since your tax bill is €0, but you can instead be liable for a late fee of €150.

What if I have exceptional circumstances?

If you know that you will not be able to file in time, you can ask the tax office for a remise gracieuse (remission) in order to avoid late fees and penalties.

You will need to outline your reasons for not being able to file in time and while there isn’t a list of accepted excuses, the reason must be exceptional circumstances such as serious illness or the death or a loved one.

If you have previously missed deadlines, the tax office will be less likely to accept your request.

The request should be made by June 29th either in person at the tax office or through the messaging system in your online tax page.

What if you don’t declare everything?

If you have not declared income which is subsequently discovered by authorities, the increase in your overall tax bill can be up to 80 percent – the maximum penalty is usually reserved for people who have deliberately tried to hide parts of their income.

We have a full guide to what you need to declare HERE, but the basic rule of thumb is that you need to declare everything, even if it is not taxable in France, eg income from a rental property in another country.

France has dual taxation agreements with countries including the UK and USA so if you have already paid tax on income in another country you won’t need to pay more tax in France – but you still need to declare it.

What about foreign bank accounts?

Another item that frequently catches out foreigners in France is overseas bank accounts.

If you have any non-French bank accounts, you need to list them on your tax declaration, even if they are dormant or only have a very small amount of money in them.

This also applies to any foreign investment schemes you have, such as life insurance policies. 

The penalty for not listing accounts is between €1,500 and €10,000 and that applies for each account you fail to declare. 

What if I made a mistake on my declaration?

In 2018 France formally enshrined the ‘right to make mistakes’, giving people the right to go back and correct their declarations without attracting a penalty.

So if you realise you have missed something off or added the wrong info you can either go back into your online declaration and correct it or, if you file on paper, visit your local tax office.

However the ‘right to make a mistake’ does not extend to late filing.

What if I didn’t make a declaration?

The French tax system is often confusing for foreigners, with many people wrongly assuming that if they are not liable for tax in France then they don’t need to fill in the declaration.

For people who persist in not making the declaration, even after the arrival of the notice of default, tax authorities can make an estimate, based on earnings and lifestyle, and present the bill.

However for new arrivals in France it’s likely that they will not be registered with the tax office and will therefore never receive a notice. 

In this instance it’s always better to come clean – if you have made a genuine mistake and you approach the tax office  (rather than waiting for them to watch up with you) you will usually be dealt with quite leniently. 

How can I get help?

If you’re struggling with the system, there are ways to get help.

The tax office has an English language information page here, and a dedicated helpline for internationals on + 33 1 72 95 20 42.

You can also visit your local tax office, every town has one and you can simply turn up without appointment and ask for help (although if the office is small and your query is complicated you may need to make an appointment for the full discussion). Surprising as it may sound, employees at the tax office are generally pretty friendly and helpful and can guide you through the forms you need to fill in.

If your tax affairs are complicated and/or your French is at beginner level, it may be better to hire an accountant to ensure that everything is in order. You can find some tips on getting professional help HERE.

Member comments

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

LIVING IN FRANCE

Reader question: Will I need to do a French ‘integration’ class to renew my carte de séjour?

France's new immigration law contains extra provisions for 'integration' - including promising to adhere to French values and attending classes on French history and culture. Here's what they mean for foreigners in France.

Reader question: Will I need to do a French 'integration' class to renew my carte de séjour?

Question: I read that France will now be requiring foreigners to sign a contract promising to respect French values, and to take civics classes – does that mean I will have to do that when I next renew my carte de séjour?

The short answer to this is – maybe, it depends on the type of card you have and what change you’re hoping to make.

Here’s the longer answer;

France’s new immigration law, passed back in January, brought in three main changes for foreigners in France – language tests, a contract promising to ‘respect the values of the French republic’ and expanded classes in civics (French culture, history and values).

Language tests

Undoubtedly the biggest change for most people is the language tests – we have covered this topic extensively HERE.

Contracts 

Then there is the Contrat d’engagement au respect des principes de la République française – which is a promise to respect the ‘values of the French republic’ such as personal freedom, freedom of expression and equality between men and women.

In practical terms, this is just a form that you will need to sign as part of the application process for a visa or residency card – you can find full details on exactly what you’re agreeing to respect HERE.

This applies to all types of visa and residency card, including renewals. It is not yet in force, but is expected to come into effect later this year.

Classes

Then there are is the contrat d’intégration républicaine (CIR), which has a confusingly similar name. This involves extra courses in civics and language that certain groups can be required to attend.

The CIR is a lot more than just signing a form, you also agree to take several hours of classes – but the key thing is that many groups are exempt from this requirement.

The immigration law doesn’t actually change who is required to sign the CIR and do the classes, it just expands the scope of the classes themselves and adds a test at the end.

These don’t apply to people applying for visa, it’s only when you get your residency permit – carte de séjour/titre de séjour – that you may be required to meet with OFII (the French office of immigration and integration) and take the classes.

Exemptions – Let’s start with exemptions – if you are applying for or renewing any of the following carte de séjour types you do not need to do the classes; 

  • Visitors (carte de séjour temporaire “visiteur”)
  • Students (carte de séjour temporaire portant la mention “étudiant”)
  • Trainees/interns (carte de séjour temporaire portant la mention “stagiaire”)
  • Temporary workers (carte de séjour temporaire portant la mention “travailleur temporaire”)
  • People who were born in France and have resided here for at least eight years (you fall under the jeune étranger né en France status of the carte de séjour temporaire portant la mention “vie privée et familiale”)
  • People with serious illness (you fall under the ‘étranger malade‘ category of the carte de séjour temporaire portant la mention “vie privée et familiale”)
  • Seconded employees and their families (carte de séjour pluriannuelle portant la mention “salarié détaché”)
  • Seasonal workers (carte de séjour pluriannuelle portant la mention “travailleur saisonnier”)
  • Talent passport holders and their families (carte de séjour pluriannuelle portant la mention “passeport talent”)
  • People who completed at least three years of French secondary school or one year of higher education in France
    EU/EEA/ Swiss nationals
  • Holders of the post-Brexit Article 50 TUE carte de séjour
  • People who qualify for the carte de résident due to service in the French foreign legion or military

So who does have to do the classes? – The new law does not change who has to sign the CIR (and by extension, agree to take the classes), certain groups have always been required to do this, including;

  • Workers on a salarié carte de séjour
  • Self-employed people on a entrepreneur/profession libérale status
  • Certain groups on the ‘vie privée et familiale‘ statuses, including parents of French minors and foreign spouses and partners (PACs) of French nationals.
  • Applicants for the carte de résident de longue durée-UE card, which is given to people after five years of residency in France
  • Refugees

You only have to sign the CIR and take the assigned courses once, and the certificate then applies to all future card applications and renewals. 

How to access the classes

In most cases, people do the classes shortly after arriving in France when they request their first carte de séjour (usually after three months of residence, although it can be longer for different card types).

It is part of the general summons by the OFII which can also include language classes and a medical test.

OFII: Your questions answered on France’s immigration office

However if you are swapping from a card type that is exempt onto a card type that is not exempt you may also have to do them – for example if you apply for the carte de résident de longue durée-UE after five years of residence and were previously on a ‘visiteur’ card.

In this case you won’t receive a summons from OFII, you will need to contact them and request the relevant form. You will be called to an interview and from this interview they will decide whether you need to do the classes or not – it depends on your level of French and whether you can demonstrate that you are integrated into French society and understand French values.

In the case of the carte de résident de longue durée-UE, the opinion of your local mayor or commune can be taken into account – so if you know your mayor you could ask them to write an attestation stating that you are well integrated into local life, which may help.

So that’s the long answer – we did warn you. 

SHOW COMMENTS