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Everything posted by Debra

  1. Does anyone know how this works if you have both a loss and a gain in the same tax year when selling property?I know that normally if a gain has been made the notaire deducts plus value tax and social charges from the sale proceeds. What happens if the gain you've made is a lot less than the loss you made on another sale in the same tax year? Can one be offset against the other and if so can the notaire allow that no tax is due on the second sale because of the prior loss or is it a matter of them taking the tax and charges anyway and the seller having to claim them back from the impots?
  2. What international law on asylum? There is no such rule in law. This thread is a bit sickening really. Why do certain people keep referring to 'illegal immigrants' rather than 'asylum seekers' or 'refugees'? Quite a high percentage of those who have made it across to the UK in boats were genuine refugees and were given asylum. The UK has stopped them going any other way. There should be a proper centre for people to go to and seek asylum but instead, all the ideas seem to be about preventing them from trying.
  3. Or get a second hand one off leboncoin.fr for a couple of hundred euros and you can always sell it on again on the same site afterwards.
  4. I have a friend who works on the ferries and he says it's been mad in the last few days with the number of small boats crossing. I reckon the Daily Mail article has worked like an advert!
  5. I'll keep popping in then. I miss this kind of forum format and though there are lots of useful groups on Facebook I don't feel they are as useful as forums like this at all. Really hard to search on stuff so you get far too many repeats of the same questions, for instance. Google searches still bring up useful info on this forum and it would be a real shame if it disappeared. So yes, let's use it and not lose it.
  6. I'm still around and have popped in a few times but usually to find nobody has posted for a long time so I was surprised to see this thread - is it asking how many are still using the forum or how many have survived this dreadful year?! So sorry to hear about Sunday Driver having passed. I've often wondered where he was and whether he would pop back up on a forum or if he'd migrated to Facebook or something. My condolences, Caroline - and thanks for updating us. Are there plans to close the forum? That would be sad.
  7. 8TK? Odd - I thought it was pretty much automatic if you filled those boxes out. I've done those same boxes this year (switched to reel) and I don't pay tax so I wouldn't know if that bit worked but I've definitely had the credit on the social charges.
  8. As a long term resident in an EU member state he would be free to travel to other member states for up to 90 days visa free even as a third country national. A cds isn't even official ID, never mind the equivalent of a passport, but it does prove his long term residence rights. See here for movement within the EU allowed by third country nationals https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM%3Al23034 and the directive https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32003L0109 Even as an EU Citizen, permanent residence is only in the member state you are resident in and doesn't transfer. You have the same movement rights to move on to another member state (with only a passport for up to 90 days) but you still have to comply with local conditions after that and start your residence rights from scratch in the new member state.
  9. Chessie: 'As an aside (I've not followed every page so apologies) - as an Irish citizen, with a UK married partner - anyone know if UK partner can acquire eu residence rights through Irish partner ? ' Yes. If the Irish Citizen is exercising treaty rights in France then their spouse can get a carte de sejour permanent UE/EEE/SUISSE as their family member, whether that spouse is an EU Citizen or a third country national. So if they get one now it will endure after brexit even if they suddenly decide to cancel all British people's EU cards (which I personally don't think they can do).
  10. They've employed extra people in each Embassy to liaise between the local authorities and British residents. Still not enough really, but it's a start. Did you read the link from the Dordogne that I posted, re the reminder sent out to prefectures in March this year about issuing us with cartes de sejour? They can't actually say they are necessary while we are still EU Citizens, but they can encourage us to apply and explain to the prefectures that our applications should be processed and the cards issued, which is what they have done.
  11. There have been a few changes in the last couple of years in the way things are reported and there are always problems with the way changes are implemented, even when they're automatic. I'm expecting to see problems re pensions because of the box changing that you have to report foreign ones in. This happened a couple of years ago but it was really important to get it right this year because of the PAS system coming in and the changes were in preparation for that.
  12. That would be nice (though I'd still value my carte de sejour permanent as easy proof of my acquired rights even if I remain an EU Citizen). However, I'm not sure it would be legal to insist on those things if the UK withdraw the article 50 notice before they've actually left. Aren't various aspects about that still being tested in court?
  13. Mrs KG you'll heave a sigh of relief when it's all done and you have that handy little card to flash at CPAM in future :) The guy who handled my request told me it's proof of your rights and not official ID but I've tried it in various scenarios and it's been accepted as ID in preference to my passport or driving licence - and the address and marital status on it is more up to date on that on my driving licence.
  14. Eurotrash - The British Embassy is informing us on that page that the French authorities advise us to apply now. It's their job to keep us informed - which they're a bit slow at but they have published this advice now. Or are you saying you don't believe what the British Embassy says about their liaison with the French authorities and the advice given?
  15. Eurotrash the British Embassy have said this in their news bulletin and have updated the general info page about living in France to that effect if you'd like to check on the gov.uk website. https://www.gov.uk/guidance/living-in-france#visas-and-residency For those in the Dordogne, see this note about the reminder sent out by the Ministry of the Interior in March which emphasises that they have to issue the cards (but this doesn't help with their resources problem) http://www.dordogne.gouv.fr/content/download/26095/187530/file/S%C3%A9jour.pdf
  16. alittlebitfrench: "@ Debra How long have you had a CDS ?" Since May 2017. After a number of problems (losing healthcare and prestations familiales) after separation from my ex in 2013 and those being eventually (2.5 years later) resolved by proof of my permanent residence rights and a couple of SOLVIT complaints, I was advised by SOLVIT to get a carte de sejour permanent, which would protect me from similar problems in future. I was busy with other things which resulted from the split and so didn't bother at the time as everything was back on track. The Brexit referendum result prompted me to apply for it. It took 9 months from start to finish and that was before the prefectures got so busy. I'm pretty sure you know all this (unless you have a mind like a sieve) but I've answered for others' benefit.
  17. Some people aren't bothered themselves because they know that there are various reasons they can't be subject to an OQTF and even if they were served one, they can eventually get it reversed and be given a titre de sejour. (If you're so concerned about causing extra work and costs to the French bureaucracy, why leave it until something like that happens?) I know I can't be subject to an OQTF and neither can my children but I've still organised cartes de sejour and a TIR for us because I don't want any glitches to spoil the smooth running of our lives due to brexit. Even if I hadn't bothered - the fact that I know I'm safe regardless doesn't mean I'd be so irresponsible as to tell others not to bother because it will all work out ok in the end when it may not for some and even for those who are technically 'safe', for whom it will work out ok in the end, I'd rather it went smoothly for them than for them to receive an OQTF, have to appeal it and go to a tribunal to have it reversed before eventually receiving a titre de sejour, meanwhile having the stress of having any benefits that rely on a valid right to stay unavailable to them (including healthcare, though that can prove easier to resolve with CPAM than CAF issues). You're alright Jack but not everyone may be so why interfere?
  18. Before arguing, take the time to read what I have said and read the page on the website that explains about the problems associated with the constitutive method as opposed to the declaratory method of handling applications. If there is no deal then anyone without a carte de sejour won't have easy proof of previous legal residence and if they work, it could cause problems because it's illegal to employ a third country national without a carte de sejour. That may not concern you but it does others. A carte de sejour permanent is a handy thing to have regardless of brexit. Ask anyone who has had a change of circumstances which meant proving their rights to CAF - or even the standard 'prove your droit de sejour' letter. Both can involve all family benefits being stopped while you gather the proof of your right to stay (if you have 3 children or more this is a substantial amount to suddenly lose from your budget). You can show a cds to prove your rights - or the file of paperwork you need to apply for it. I know which I'd rather carry around with me.
  19. Have you checked your declaration in the documents section online to make sure it appears in 8TK? Mine shows in each column the various types of income, the base imposable, a charge for the whole amount (9.9% of the base imposable in the CSG column, for instance) and then a credit of 9.9% of the amount of the rental income which is deducted from that charge to arrive at the net amount shown in bold at the end.
  20. I just looked at mine for this year and last year and for both my UK rental income is shown in the montant declaré column in the Reductions d'impot section. You don't have anything there? Have you actually been charged any tax or social charges on it? In the Detail des Revenus section I can see a credit. I declared it in those boxes too. I also put it on the 2047 and this year, filled out the 2044 (because I changed to declaring it reel and so used 4BA and 4BL). I've looked through the version of my declaration saved in my impots account and can't see anything else relevant. Have you checked your declaration in your impots account to make sure it's as you expect?
  21. If you're refused for any reason other than that you haven't provided sufficient proof of something, get it in writing and let the British Embassy know and possibly raise a SOLVIT complaint. If it's because of lack of resources at the prefecture then they can't help that at the moment but we can help them by passing the information on to the Ministry of the Interior, who need to know the extent of the problems. Join RIFT and take part in the surveys about problems in applying for cartes de sejour - all the information gathered is to be passed to the Ministry of the Interior.
  22. Did you put it in box 4BE and 4BK (or 4BA and 4BL) and 8TK?
  23. The Ministry of the Interior recommend that we get one now, as do the British Embassy. Instructions have been sent by the Ministry to the prefectures to remind them (again) that we should be issued with them. We are keeping certain organisations, including the Ministry of the Interior, informed of the kind of problems people are having. The British Embassy are in more contact with the Ministry of the Interior now than they have been in the past and are passing on complaints about prefectures. RIFT and British in Europe are also liaising with the Ministry of the Interior and the British Embassy. I am passing on examples of certain types of complaint to ECAS because some of these issues have already been highlighted by them in connection with France (and some other EU member states) in their reports about the state of Freedom of Movement. ECAS are addressing these issues with the EU commission. If people don't apply and tell us of problems then those problems won't be addressed. Perigueux wasn't doing so well and we addressed the concerns to the Ministry of the Interior and then they were doing better but since then they've been overwhelmed. The way they have handled this now, until they can get more resources allocated to them, is to only issue one appointment per day to British people because otherwise they can't cope with their 'normal' processing of third country nationals whose need is greater than ours at the moment. A couple of other prefectures have gone the same way and we are meeting with them to try and resolve these problems. Some prefectures are issuing appointments now not only well into next year but into 2020. They need more resources and the only way this can be highlighted is if people do keep applying and then report if they have problems. The Ministry of the Interior have made it clear that those with permanent residence rights will be their priority after the UK has left, to have their situation regularised. According to the Connexion interview, those who already have cards (permanent or temporary) will keep them until they are due for renewal, but we don't have that in officially in writing. If the withdrawal agreement is ratified then it states that if we need a new type of card then it will be swapped free of charge and with minimal documentation required (current proof of address, ID and an attestation that you haven't left the country for more than a certain period since the card was issued). That doesn't mean that France would necessarily make us swap the cards as the fact that they were issued before the exit date is proof that we have rights under the withdrawal agreement. These rights will be in addition to the rights we will have as newly minted third country nationals under the directives which concern them. It is likely that a new, special card would be introduced for us because if we already live here we won't have the same status as Brits who arrive in future, nor as other third country nationals and not even as others who are EU Citizens now. We will have a special set of rights under the withdrawal agreement - some the same as we have now, some that we have now may be missing and some will be diffferent. For instance, we will have the right to return after up to 5 years absence whereas EU Citizens only have the right to return after up to 2 years absence. We don't know yet whether France will continue to use the declaratory system of issuing us with cards that they use now or switch to the constitutive system preferred by the UK. I suggest people read this page on the RIFT website to understand that this raises particular concerns about whether to apply now or later: https://www.remaininfrance.org/registration-procedures.html Re the law about registering at the mairie - if you check the actual law in CESEDA it states that an arrete which specifies the format of the registration certificate (which could simply be the temporary carte de sejour) will be issued. I'm not aware that this has been issued (unless it's part of the law linked to above, which I haven't checked) so as far as I know, that law is in place but not activated by the issue of the arrete yet. I'll double check though, since the service public site is usually up to date and it seems odd that it's been added on there without the codicil about the arrete being issued.
  24. If I hadn't already discovered Boursorama with it's free banking I'd probably have given up my French bank account by now as though there is a limit on cash withdrawals after which you start paying a fee, I rarely withdraw cash but always use a card and there is no limit on spending on that.
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