Reduction in Tax Foncier?

[chilly]

Hello

A bit of advice if possible would be helpful;

I have lived over here in Western France now for 3 years. I am in receipt of long term incapacity benefit, DLA and my wife recieves a carers allowance (all paid by DSS in the UK to us over here in France). As a result of my also being in posession of a 'carte handicape' (85%) over here, I also am exempt from paying Tax Habitation. Someone asked me the other day why I dont also get a reduction on my Tax Foncier as all disabled people on benefit over here do?; as a result I went to the main tax office and asked them their advice. I had a letter back which (if I understand it correctly as my French can be a bit 'suss' when it comes to reading the language), they indicated that I needed to be in possesion of the equivelent of Incapacity benefit over here in France. Now I dont pretend to be up on all the rights etc re benefits over here but even with my limited understanding surely the logic would suggest that we have a 'reciprocol' arrangement between UK and France and that in effect I am getting the same benefit only its from the UK..but as we are supposed to all be part of a wider europe..surely that should suffice! Be good to hear any feedback as to whether or not others have come accross this 'anomaly' (spelt??)

C

[Cassis]

What you've been told is, in its bare bones, correct - details of who is exonerated TF are given here:

http://www.impots.gouv.fr/

As for whether there is a reciprocal agreement, I would contact the DWP and ask them.

There is no reason why logic should come into any of this, so don't be too disappointed if the answer is "No". [:)]

As a side issue, I understand that no-one is exempt from the waste collection tax.

[Will]

My understanding is that exemption from this tax is linked to various other taxes and benefits and is strictly means tested. So the UK benefits would quite possibly not be taken into account, other than included as income. Although we are, as you say, all in the EU, each member state still makes its own taxation rules and - outside the 'E' forms system which does not apply to local taxation - it is up to individual states to negotiate their own reciprocal agreements on taxes and social security issues. There is no standard formula.

[Llwyncelyn]

Chilly I read your posting and obviously I understand your positioning and seemingly your question has been now resolved?

However can I please turn to the question of DLA and when you say it is paid here in France?  I find this a bit alarming (not from a point of the payment being made to you) but from the fact that I appeared at a Tribunal last year in Cardiff for a number of applicants on appeal against decisions by the DLA guys in Blackpool. One of the appeals was on the question of French residency. Indeed there are other contributors both on this forum and other forums who I am sure will be very interested in your answer and for that reason may I respectfully ask that you consider sending me a pm on the subject.

However there are many stated cases which state and without fear or favour that DLA is not payable when one is resident in France.  It is very factual situation for DLA is not means tested and whilst there is an appeal to the European Court we still await the decision.  I will not bore you with the arguments to the European Court but basically its about transparency in Europe Human Rights and related issues

Before responding I have checked and double checked my research and taken advice from a Leading Counsel in London on the question and she too confirms that DLA is currently not payable in France save for very exceptional circumstances.  Please could you consider coming back to me for you will be helping lots and lots of people and whom I have no doubt will be very grateful.  Amongst those will be myself.

I say that for my wife is also a registered disabled person and for over thirty years and following instructions 'legal' for I would never ever consider giving my wife instructions she advised Blackpool that she was living the UK and from that very moment the DLA stopped.  I challenged that at appeal and won some ground but not for DLA to be payable in France.  It for us is not monetary but its principle and high principle at that.

rdgs

 

 

 

 

[Llwyncelyn]

I am guilty for failing to point out that any DLA obtained pre 1992 escapes the French residence situation.  Sorry.

[chilly]

I was allowed to 'export'  DLA to France purely because I was awarded it before 1992....nothing more complicated than that!

[Llwyncelyn]

Thanks Chilly that is of course the 'law'.  Thus we await Europe and see what they say.  I for one have never quite understood the limitations of 1992 for it is a complex minefield. It is the most harrowing experience to wait for your Tribunal hearing with a client and see lots of people who are arguing with the State over DLA  There are probably twenty five a day at Cardiff alone and yes one cannot generalise for the system is there for abuse but it does upset.