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Why some Brits in France are facing bigger tax bills since Brexit

Over the summer people living in France have received their tax bills, and some Brits who are residents here will have noticed that their bill is larger than usual - here's why.

Why some Brits in France are facing bigger tax bills since Brexit

Brits who live in France and make a tax declaration here, but have income from the UK, may have noticed that their tax bill has increased this year – here’s why and whether you can challenge the increase. 

Brexit

Yes, this is Brexit related and it refers to social charges on non-French income. The standard rate for these charges are 7.5 percent for income from an EU country and 17.2 percent for income from a non-EU country.

The tax bills received over the summer relate to the annual French tax declaration filed in April 2022, covering the 2021 tax year. In other words, the first year after the end of the Brexit transition period.

Social charges

Social charges are levies with a social purpose introduced in France in the 1990s to finance the country’s complex social security system.

If you have a French payslip you will already be familiar with them, and they actually make up the bulk of deductions from salaries, significantly more than income tax.

READ ALSO How to understand your French payslip

One of the big questions is whether France’s social charges are actually a ‘tax’ – the government repeatedly insists they’re not, for all that they look like a tax and are paid like a tax. 

The position on French social charges has changed several times in recent years, sometimes in response to court action all centred on whether this money that government deducts from your income can be called a ‘tax’ or not.

Katey Murray, at The Spectrum IFA Group, explained: “Article 29 of the amended Finance law of 2012 extended social charges to rental income from French properties and capital gains on properties for people who are not French tax resident.

“In 2015, a Dutch national challenged the fact that he was paying social charges in France and social security contributions in the Netherlands. The case went before the ECJ, which ruled these levies were similar to social security contributions and therefore contrary to European law.”

France’s highest administrative court, the Conseil d’Etat, confirmed the ECJ’s ruling. “French tax offices then, if a claim was made to them, reimbursed undue social charges,” Murray said.

“However, the French Government stated that these claims could only be made by someone covered for their healthcare by the system of another European country (EU, EEA or Switzerland) and not someone covered by a non-European health system. 

“This was confirmed by the ECJ for a French national living in China in a case in January 2018.”

Foreigners in France

And it’s this ‘healthcare system’ distinction that has become the key detail for Brits in France, clarified by a court ruling from March 2022 on the details of the Brexit Withdrawal Agreement. 

Social charges are currently set at 7.5 percent for income from an EU country, or 17.2 percent for income from a non-EU country. So income from the UK jumped to the higher rate at the end of the Brexit transition period.

However the ECJ ruling on healthcare cover is the key bit – essentially if you are already contributing to another European country’s social security system, you benefit from the lower rate.

This mainly affects two groups – Brits living in the UK (and therefore covered by the NHS) who have income in France, and Brits who are living in France and who have an S1, which states that their healthcare costs are covered by the NHS.

S1 holders are mainly British pensioners living in France, but the scheme can also apply to other groups including students and posted workers. 

Brits who are living in France and are covered by the French health system pay the higher rate on income from the UK. 

Technically the 7.5 percent rate is a ‘social levy’ rather than the prélèvements sociaux.

The ‘social levy’ is not charged on pensions, so if you are an S1 holder who receives a British pension, you will not have to pay any social charges at all, while certain types of property income may also be exempt from social charges.

Tax

As we stated above, social charges are not a tax (although they are deducted from your income by the tax office).

Taxes on income from the UK is covered by the bilateral dual-taxation treaty between France and the UK, which states that you don’t have to pay tax in France on income that you have already paid tax on in the UK. 

So the first thing to check on your tax bill is whether deductions relate to impôt (tax) or prélèvements sociaux (social charges).

Challenge your tax bill

So what to do if you think you have been incorrectly charged on income from the UK?

If you are an S1 holder, it’s a case of telling the tax office that you benefit from the lower 7.5 percent social levy, rather than the 17.2 percent social charge.

Murray said: “You can state that you are not subject to social charges by ticking boxes 8SH/8SI on your tax form (2042 form) or, if you have been charged at the higher rate, you can claim them back on your personal page on the impots.gouv.fr website.”

If the over-charge relates to a different issue – for example you have been charged both tax and the social charge or charged on exempt income – your first step is talking to the tax office, either in person or over the phone.

READ ALSO How to challenge your French tax bill

This article is a general overview of the tax rules and is not intended as a substitute for financial advice, if your financial affairs are complicated you are always better off getting professional help from an accountant who specialises in international taxation.

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PROPERTY

New French State aid to help older people make home improvements

A new accessibility scheme recently announced by the French government gives grants for home improvements such as installing a stair lift or widening a doorframe to allow wheelchair access - here is how you could benefit.

New French State aid to help older people make home improvements

According to a recent survey in France, the vast majority of retired people expressed a desire to stay in their homes long-term, rather than entering a care facility.

While there are several schemes by the French government to provide assistance for renovating homes in order to make them more accessible for elderly people, the newly announced “MaPrimeAdapt” seeks to streamline the process.

When was it announced?

MaPrimeAdapt was part of President Emmanuel Macron’s re-election campaign, with plans for it first announced by the president last November.

Most recently, the government aid was earmarked to receive funding in the upcoming 2023 budget, which also hopes to increase the number of nursing home employees, as well as boost public funding for care centres.

The budget is set to allocate €35 million to the National Housing Agency (ANAH) in 2023. In response, the ministry of housing said to Capital France that one of their top priorities is “a single aid for the adaptation of housing to ageing” that would replace several existing government subsidies.

What is the goal of Ma Prime Adapt?

Similar to Ma Prime Renov, this programme hopes to provide additional funding for home refurbishment.

But while Ma Prime Renov focuses on environmentally friendly home adaptations, Ma Prime Adapt aims to make it simpler for older people or those with disabilities to refurbish their homes in order to maintain their autonomy and avoid falls.  

The French government also aims to reduce the number of fatal or disabling falls of people aged 65 by at least 20 percent by 2024, and by 2032, the goal is for at least 680,000 homes to be adapted, particularly those of low-income older people.

Who can benefit?

According to reporting by Le Monde, this aid is not solely reserved for people who already have decreased mobility. 

Instead, it is intended for older people generally. When applying, the applicant must be able to demonstrate that they are an independent retiree and need (this could be based on income, age, health, etc) to adapt their housing in order to make it more accessible.

The amount of assistance offered will be means-tested based on financial status.

What types of work would qualify?

Some examples of work that might qualify for assistance might be:

  • adapting the bathroom (for example, adding grab bars or enlarging the door)
  • replacing the bathtub with a shower
  • installing a bathtub with a door
  • installing a stair lift
  • adding access ramps to the home

The benefit is not limited to those options – any project that aims to increase home accessibility for a senior could qualify, as long as it is not simply aesthetic-focused.

Can it be combined with Ma Prime Renov?

They have different criteria, but Ma Prime Renov and Ma Prime Adapt can be combined in order to provide maximum support to elderly people wishing to adapt and stay in their homes.

How can I apply?

In order to apply, you will be required to meet the conditions stated above, in addition to being able to demonstrate that the housing in question is at least 15 years old and that the amount of work being done would cost at least €1,500.

Keep in mind that the renovation will need to be carried out by a recognised building company or contractor – specifically one with the label “RGE.”

You will be able  toapply for the Ma Prime Adapt aid via France’s National Housing Agency (ANAH). A dedicated website will be created to facilitate the process, with a launch date TBC. 

On the site, you will submit an application form that includes the estimates of the work planned. According to Le Monde, €5,600 will be the maximum amount of aid to be offered, and the cost of work will be capped at €8,000. However, this information has not yet been published by the National Housing Agency. 

What have the other available schemes been?

Currently, retirees in France can apply for the “Habiter facile” scheme from the ANAH (Agence Nationale de l’Habitat), which also helps to finance work that promotes the ability of elderly people to remain in their homes.

“Bien vieillir chez soi” is a similar aid scheme which is offered by the CNAV (social security).

The elderly and disabled can also benefit from tax credits on accessibility or home adaptation work. 

These will likely be replaced by Ma Prime Adapt, which will combine all benefits into one package.

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