Working in France for a UK company

[McTrans]

Hi, I have dual English-French nationality and want to move back to France in a few months; it is not planned to be a long stay, 2 years max. I am trying to bypass having to register as a 'travailleur indépendant' as my income is going to be low and the social contributions crippling.

I am currently employed by a small ltd company in the UK, with the option of becoming a Director if nec. Can anyone tell me whether I can get away with being on secondment ('détachement') in France, paid in sterling in the Uk? If so, do I have to stay as an employee or could I be a Director? And does it matter if my employer isn't sending me to a specific company in France, since I'd work from home??

Another option is not to become a resident in France and to come and go to the UK- if I do that, how long would I have to be out of France for not to arouse suspicions?

I want everything to be legal but am really confused about the best way to go. If anyone can advise a good French accountant who has knowledge of English business law, I'd be very grateful.

Thanks to anyone who can give me any advice.

[Will]

Similar questions have been asked here many times and surely you, as a French national, should know the answer far better than us mere British.

You can work in France on 'temporary assignment' for a British company (which can be yourself if self-employed), as long as you can get an E form (e.g. E101) to allow you access to the French health system. You continue to be paid in sterling and pay tax and NI in Britain, and you need a UK address for your company. The E101 is valid for one year, and it can be renewed subject to the agreement of the EU state in which you are working. France normally only allows one renewal, after which, if you want to stay in France, you must register a business in France - either yourself, on a self-employed basis, or a French subsidiary of the UK company which will employ you and pay cotisations. Under the new European Health Insurance Card many of the E forms are being superseded, but I think the E101 is staying.

This should give you the two year period you are looking for. After this it is difficult to avoid being classed as a tax resident in France - in Britain you need to spend more than 183 days a year to become tax resident, but although this applies in France too, France has other criteria that it can apply.

Whether or not this can work for you depends on your line of work. If you are in a type of business that needs professional insurance to operate in France, something that applies to tradesmen like electricians, roofers etc as well as many other types of work, you will find that the necessary insurance policies can only be issued to registered French businesses, so you will have no alternative to registering in France (other than travail au noir of course, but we won't even go there).

[McTrans]

Thanks for that- I appreciate it because, trust me, having a foot in both countries doesn't necessarily make it easier to cut through the red tape. If anything, having more choices sometimes makes it harder to decide which way to go!

So thanks for your comments, they are very useful.

Best wishes