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Question regarding living in France while spouse lives and works abroad


Peter_holland1
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Dear Readers,

I have a question relating to income household taxation in France.

My wife (Chinese national) is moving from China to Paris to work as an expat.

I already moved back a while ago to Europe and am working, living and paying income tax in the Netherlands.

I plan on keep living and working in the Netherlands and visit my wife on a regular basis in France.

My wife will live in Paris and will visit me sometimes in the Netherlands.

Now she had an interview today with a lawyer which helps her with immigration process. He mentioned that I as a Dutch national living and working in the Netherlands might have to start paying my income tax in France because of my Spouse is living and working in France.

To me this seems very odd, as I already live, work and pay taxes in the Netherlands.

Is this lawyer clueless, or what am I missing.
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Peter_holland1 wrote the following post at 25 Jun 2020 16:48:

To me this seems very odd, as I already live, work and pay taxes in the Netherlands.

Is this lawyer clueless, or what am I missing.

No .. he's not clueless.

France is very tax strict ..

This could be quite complicated .. it depends on many factors.

You are Dutch, so European.

If your wife, as a Chinese national, wants to benefit from being considered a 'wife' in the French tax sense then, normally, the husband lives with his wife in the family home.

Otherwise he has a european permit to work elsewhere which includes tax considerations.

Where will you spend most of your time ?

Someone who knows more detail than me will, hopefully, be along soon to reply more fully.

I'll send you a private message.
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Thank you for your prompt reply.

I we can benefit from her being considered a wife, then that's great, if not, well no harm done I guess.

So according to french law a wife and husband can not live and work in different countries, even if they are both not french?

I will spend around 300 days per year in the Netherlands, the rest will be in France or travelling around.

Looking forward to your private message :)
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Peter .......

The reason that you haven’t received loads of replies is because ......... well, your family situation isn’t what you encounter everyday !

Contrary to some opinions, tax authorities are usually very good at giving advice over, shall we say, ‘different’ situations.

My immediate reaction is “Where is each of you fiscally resident?”. Answer, the Netherlands for you, and France for your wife. It could well be that you could and should be taxed in your country of residence - as if you were single.

But, frankly I’m guessing here and somebody else may have the definitive answer.

All that I would say is not to spend mega €’s with a French lawyer who doesn’t know anymore than me. Just talk to the Tax Offices - their advice is free and better informed than most of us.

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I think that in France you would be what French fiscality calls a "couple mixte".

This may help.

https://www.impots.gouv.fr/portail/non-resident-de-france-non-residents-france#:~:text=Le%20couple%20mixte&text=Vous%20serez%20impos%C3%A9s%20diff%C3%A9remment.,votre%20activit%C3%A9%20%C3%A0%20l'%C3%A9tranger.

As Gardian says, the best plan is to discuss it with the French tax office - they are helpful and their advice is free.
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[quote user="Gardian"]Peter .......

The reason that you haven’t received loads of replies is because ......... well, your family situation isn’t what you encounter everyday !

Contrary to some opinions, tax authorities are usually very good at giving advice over, shall we say, ‘different’ situations.

My immediate reaction is “Where is each of you fiscally resident?”. Answer, the Netherlands for you, and France for your wife. It could well be that you could and should be taxed in your country of residence - as if you were single.

But, frankly I’m guessing here and somebody else may have the definitive answer.

All that I would say is not to spend mega €’s with a French lawyer who doesn’t know anymore than me. Just talk to the Tax Offices - their advice is free and better informed than most of us.[/quote]

Thank you for the reply.

She would be a fisical resident in France, while I would be in the Netherlands in my opinion I would say.

The company provides a lawyer for this process, but I thought it was so weird what he sad, that I was seeking some extra information regarding this topic.
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