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TAXES

Do I need to declare my foreign bank accounts to French taxman?

One thing that often catches foreigners in France unaware is the tax declaration requirements for bank accounts in their home countries.

Do I need to declare my foreign bank accounts to French taxman?
Photo by PHILIPPE HUGUEN / AFP

Question: I’m living in France and I complete the annual French tax declaration but I’m confused about the section on foreign bank accounts, investments and holdings – I don’t have shares or investments outside France, are they really asking me about my old account back in the UK? It only has £7 in it. 

The annual French tax declaration is a comprehensive document, compulsory for almost everyone living in France, in which you’re asked about all your financial affairs.

When looking at exactly what you have to declare, the short answer is – everything. For example;

  • If you’re working in France you need to declare your French income – even if you’re an employee and your salary has already been taxed at source.
  • If you’re not working you need to declare all your income, even if it comes from outside France eg a UK or US pension.
  • If you get any income from outside France – eg rental income on a property in another country – you need to declare that too.

For full details on what to declare – click HERE.

It’s important to note that declaring your income does not necessarily mean you will have to pay tax on it – France has dual taxation agreements with most countries so that if you have already paid tax on your income in another country, you won’t be taxed on it again – but you still have to tell the French taxman about it.

When it comes to bank accounts, you also need to declare any bank account that has your name on it – including joint accounts – that are held outside France.

This is in the section of the form for foreign earnings and investments, so it’s easy to miss but it’s an important one for foreign residents, who are likely to have at least one account in their home country.

The section of the form you need is form 3916.

Ask the expert: How to fill out each section of the French tax declaration

You need to declare each account that that you have – the bank/building society that it is with, the account number and the date you opened the account, so it’s worth getting this information together before you start filling out the form.

You don’t need to declare how much is in each account, but you do need to be careful to declare all accounts that you have – even if they are dormant or only have a tiny amount of cash in them.

If you have cryptocurrency accounts you need to declare them too, although they have their own section.

If you have a PayPal account you might also need to declare that – although only if you use it for business or you have spent more than €10,000 with it in the last year.

Finally if you have insurance policies such as life insurance in another country you need to declare that too.

The tax office says: ” Which accounts are concerned? All bank accounts, capitalisation contracts or similar investments (life insurance contracts) and digital asset accounts opened, held, used or closed abroad during the year.

“These include accounts opened with banks, investment service providers, public administrations or persons such as notaries or stockbrokers who normally receive securities, securities or cash on deposit.

“They also include life insurance policies opened with insurance and similar organisations, as well as digital asset accounts (eg cryptocurrencies).”

If you have internet bank accounts you will need to check that they are French accounts – even if you opened them in France.

In order to check, find the IBAN (international banking number) for the account; if it begins with FR then it is a French account and does not need to be declared. However if it starts with other initials – eg GB for Great Britain or BE for Belgium – then it is a foreign account and you need to declare it. 

The good news is that if you declare online, your declaration remembers last year’s information so you don’t need to fill out all this information from scratch every year, but if you have opened a new account in the past year, don’t forget to add it to your declaration.

What happens if you don’t declare them?

You might think that your few pounds or dollars in your foreign account is not very important, in the scheme of things, but not declaring a bank account or investment scheme carries with it hefty penalties.

The standard fine is €1,500, but if the account is in a country that has not signed an anti-fraud agreement with France then it can rise to up to €10,000.

And those fines are per bank account, so if you have several accounts that you haven’t declared the fines can quickly add up.

International money-laundering legislation means that banks and governments share a lot more information these days, so it’s definitely not worth the risk. 

What happens if you I have already done this year’s declaration?

Don’t panic, you have the legal ‘right to make a mistake’ and declarations can be corrected without penalties until December.

If you declared online, you can update and correct the declaration that you filed. If you declared on paper, you can contact your local tax office to ask for a new form.

Full details here – How to correct your French tax declaration

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For members

AMERICANS IN FRANCE

Americans in France: Will my tax situation change if I get French citizenship?

If you're thinking of applying for French citizenship, then you might be curious whether there will be any tax ramifications to becoming a dual national.

Americans in France: Will my tax situation change if I get French citizenship?

Gaining French citizenship can have plenty of benefits for Americans living in France, from the right to vote in French elections to freedom of movement in the EU – as well as a more intangible sense of belonging in the country you now call home. 

However, Americans living abroad always have to contend with the United States’ system of citizenship-based taxation, which requires US nationals to report their global income to the IRS yearly, however long they have been out of the country.

This may result in making two tax declarations every year if they move to a country – like France – which requires yearly declarations from all residents.

As a result, Americans have to think about possible tax consequences before making decisions to move, invest, or perhaps take on a second nationality.

To help answer the question of whether there are special tax ramifications for French-American dual nationals living in France, The Local spoke with tax expert Jonathan Hadida from HadTax.

Hadida said: “There is really no impact. You still have yearly reporting requirements to both countries, and from the French side you will still continue to give you the benefits of the tax treaty”.

Key items, such as your US-based pension, would continue to be taxed in the US and not France regardless of whether or not you take on French nationality too.

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

Unfortunately, many of the limitations Americans in France experience would also remain in place. French investment options, such as the Assurance Vie, would still unwise for dual nationals, as the IRS sees them as PFICs (Passive Foreign Investment Company).

While the Assurance Vie is a great tool for being tax efficient for non-Americans, and can offer alternatives to the regimented, traditional French inheritance process, for Americans living in France (including those with dual nationality) it can lead to lengthy and complicated dealings with the IRS. 

“To the US tax authorities, you are still American first, second, third and fourth place. They don’t really care that you are also French,” Hadida said.

“The only real change to your tax situation would be giving up your American citizenship, but keeping your US citizenship in addition to French citizenship does not really change anything.”

What happens tax-wise if I renounce my American citizenship?

Renouncing US citizenship is not as simple as scheduling an appointment at a US embassy or consulate, paying the applicable fee, and declaring that one does not want to be American.

There are several factors to consider, and depending on your situation, in the long-run it might be more advantageous to hold onto your US citizenship to continue benefiting from certain parts of the US-France dual taxation treaty (PDF).

For others, keeping US citizenship might be onerous with its yearly reporting requirements, as well as the difficulty it can pose with putting money into French investment vehicles due to citizenship-based taxation and FATCA (US legislation that passed in 2010 to track money laundering). 

While renouncing your American citizenship undoubtedly pushes you further out of the reach of the IRS, you should consider that you might owe an exit tax, if you are deemed a ‘covered expatriate’. Usually, this is only required of high-net worth individuals (worth more than $2 million).

According to the US expat tax site 1040 Abroad, this also includes people who failed to comply with tax obligations in the five years preceding their renouncement, as well as people who had “an average annual net income tax liability exceeding a specified threshold” (as of 2022, this number was set to $178,000).

People renouncing US citizenship can also be subject to a special inheritance tax on gifts made to US citizens or residents, following their renunciation. 

READ MORE: How to renounce American citizenship in France – and why you might want to

You should also think about your US-based investments.

“You would no longer benefit from the tax treaty in the same way if you give up your US citizenship. For example, Article 24 of the treaty covers investment income, making it taxable in the US and giving you a deemed credit in France.

You would lose this benefit if you renounce, and this could make a big difference if the taxation level is lower in the US, as it often is with dividends or capital gains.

“Your IRA and pension plans will continue to be taxed in the US because this is based on where the pension is earned, not nationality, but you might have to start filing a non-resident tax return to the US after renouncing citizenship,” Hadida said.

The tax expert said that renouncing citizenship should be decided on a case by case basis.

“Every situation is different, and for some people it might not make sense to give up certain benefits from the US-France tax treaty. You should speak with a financial advisor before deciding”, he said.

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

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