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Having to pay tax,?????? Help for Mother Needed


Brian Field
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Hi my mother who is French but resides in England, also has a static caravan in france, last year she stayed in total 3mths at various times, so far this year she has been over for a total of 2 weeks, she get her pension paid into her French bank account and now they are saying she has to pay tax in France, i'm sure she does not have to but i'm not 100%, can anyone shed some lite on this.

Thanks in advance Brian
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Because as I say I think that is what has triggered the tax demand and it seems unusual for someone who spends a little time in  France to have it so paid. The Impots possibly think so too.

No obligation to answer, up to you.

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However, Ernie, I have a UK bank account and no other connection with the UK any more but I get no demand for tax from Britain.  I think maybe our o/p's Ma might have had to fill in some sort of form declaring her departure like our P85.

At any rate, all the info' you need should be here, Brian:

http://www.impots.gouv.fr/portal/dgi/public/particuliers.impot;jsessionid=T0U3UOCUJI1CZQFIEMQCFE4AVARW4IV1?espId=1&pageId=part_horsfrance&sfid=1250

Sorry I haven't had time yet to look through it for an answer to your question.  But no doubt somebody will...

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[quote user="AnOther"]Because as I say I think that is what has triggered the tax demand and it seems unusual for someone who spends a little time in  France to have it so paid. The Impots possibly think so too.

No obligation to answer, up to you.

[/quote]

I don't understand the logic. If the lady perhaps likes the shops in the UK, or is living with a family member who looks after her - what's the difference? I have a pension paid into a bank in the UK but spend less than a month there in any year, not unusal at all. The criterior is residency surely.

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She is not sure why the French tax has now asked her to pay tax, she was a nurse in england so her pension is from that, which then gets taxed in England and now the French want to tax it also.

She will be speaking with them when she goes over later in May i'll keep you posted.

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Coops, in your situation the HMRC know that you are non UK resident and paying your tax in France so would have no reason to send you a tax return or expect you to pay any tax.

As Jimmy says residency is really the key but as the OP's Ma is really just a holiday home owner and infrequent tourist she would presumably not have filled in any forms saying that she has left the UK.

I wasn't being nosey in asking why she has her pension paid in France, she obviously has her reasons and she is perfectly entitled to if she wants, it's just that it is an unusual thing for someone who is not resident to do and you can see where the Impots, well familiar with resident retirees and overseas pension receipts, might jump to the wrong conclusion.

If it is being done as a simple convenience to say pay the bills in France and have ready spending money when she is here if it is going to create problems like this it might be best to review the arrangement and instead of having her pension paid here just transfer money via an FX broker.

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From everything you say, Brian, then I cannot for the life of me understand why she should be taxed in France.  It is most likely to be simply as ANO says, that somebody has spotted money coming into a French account and is assuming that it is French income for some reason.  I reckon a chat with her tax office here will be her best bet and no doubt also, she can spot the relevant links in the tax law from the links I posted above.  It's not a situation that forum members here deal with a lot as the majority of us operate in the opposite way.

 One thing's for sure, under double taxation agreements she should not pay twice although she may well be asked to fill in a tax form so that the Impots here can account for the source of her income (and it may indeed solve here problems to do so.) Certainly, as many who are taxed in the UK (civil servants etc) but who live here know, having to declare income here does not, ipso facto, mean that you pay tax on it here.

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