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Is this legal ?


Eeyore
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Hi ,
I am a builder who owns a property in Brittany . Every time we go to France to work on our own property we are swamped with offers of work . This starts before we even get on the ferry sometimes , especially the trips when we take the mini digger !!
We have always turned these down as we are not registered in France .
However somebody has asked if we can do a job for them , on their French house but invoice them properly to their UK address , so we would be paying tax etc this end . We are UK VAT registered and the UK VAT office have explained what we have to do and our insurances cover us for anywhere in the EU. They are willing to pay us UK money and ferry/stay away incentive. According to our local tax office we can do this as we are european citizens . Does anybody know if this breaches any French legislation ??
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No

>. Does anybody know if
>this breaches any French legislation
>??

Yes. To work in France as an independant builder you have to have decennale insurance (in France). The system is such that in order to obtain this and the obligatory 'responsibiltie civile' you would have to have a Siret no. and therefore pay social charges.


Regards

Charles
http://www.lesflamands.com/hr

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Whatever you do, you must have Dennal & Civile insurance in France to protect yourself and your clients and guarantee your work for ten years. Currently URSSAF are having a huge crackdown on brits working here in Brittany to check they are fully registered, the number of inspectors is over 480 for this summer alone. I wouldn't like to explain myself to these people if they visit you, it only takes one very jealous local person to report you to their annonymous callers line.
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Presumably you are a successful builder in the UK - in which case why would you want the hassle of trying to work legally in France as well?

Whatever you you may have been told in the UK, the legal requirements for working in France are fairly stringent.

If you have a viable business in the UK I cannot see that it would be worth registering in France for work that could be very intermittant.

Regards,

Bob Clarke
http://perso.wanadoo.fr/grindoux
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What you have been told is mainly incorrect. As stated in the other posts, France has it's own set of rules regarding the building trade in terms of special insurances and obligatory charges that French registered companies must cotise. As an example there are obligatory payments to apprentissage, unemployment, holiday, accident, and pension regimes that have to be met. To name but a few. There is nothing to stop you trading in France by opening a satellite company from your Uk company, but you will need a SIRET number to work here legally, which means registering at your local Chambre des Metiers. Your
income in this case would be derived in France and so would be liable to French income tax rules no matter how you were paid.

If it was that easy or legal to work out of a Uk based company in France then there would be no companies left registered here, including the French ones!

You may begin to see why many Artisans who have spent considerable sums of money and effort to get legal here resent the army of brit builders coming over here and cashing in whilst contributing nothing or very little at all to the French economy. French companies have higher charges and cannot compete on a level playing field.

I would hate to say what may happen to you if there is a site accident in France, or even a death on one of your sites.
In France in the buidling game you ain't got a problem untill you have a problem. Fines and prison sentences are not so uncommon.

From A recent publication;
Jean Louis Borloo, the minister for social cohesion has decared "pitiless war" against black market workers who are costing the government 55 million and are resonsible for a third of the health deficit in France. Four areas are under or due for heavy scrutiny. The construction industry, live entertainment, Hotels and gites, and agriculture. There are to be an increase in the number of inspectors to 535.
Special attention is to be paid to international black labour.

best regards,

Paul


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> We are UK VAT
>registered and the UK VAT
>office have explained what we
>have to do and our
>insurances cover us for anywhere
>in the EU. They are
>willing to pay us UK
>money and ferry/stay away incentive.
>According to our local tax
>office we can do this
>as we are european citizens

Of course the UK Tax and C&E will say this - they will benefit.
Plus they will know as little about French regs as the French equivalents know about UK regs.

John

http://www.iceni-it.co.uk
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