4. Taxation of Property Rental Income in France
4.1. French Rental Income - Non-Residents
i. Income Tax
You are liable to French income tax on French rental earnings, whether or not you are resident in France.
This follows the general principle that applies between most countries, that rental income is liable to tax in the country where the property is situated.
Accordingly, even though you may be non-resident you will need to submit a tax return to the French authorities of your rental income in France (together with any other French sourced income).
In addition, you will need to declare the income to the tax authority in your own home country.
France has double taxation agreements with many countries, so in most cases you are unlikely to face being taxed twice on the same income.
UK residents benefit from a double taxation treaty, which grants partial relief against liability to tax in the UK. This means you need to declare the rental income to both the French and UK tax authorities.
Where your UK tax is greater than the tax payable in France the difference is paid in the UK. However, if the UK tax is less there is no repayment of the French tax in the UK.
As from 2019 (2018 income) there are two rates that apply to the rental income of non-residents.
For income up to €27,519 the rate remains taxed at 20%. Rental income beyond this level is taxed at 30%
These rates apply on the net rental income.
If you are able to justify a lower rate based on your worldwide income, you need to indicate this option on the tax return and include your tax return and tax notice from your home country. If these are not available at the time you need to submit a letter sur l'honneur (strictly speaking EEA nationals only allowed this concession), pending receipt of the relevant paperwork.This information will need to be included on the tax return F2042C.
In addition, if you are liable to no more than €305 in income tax, it is not imposed.
ii. Social Charges
In addition to income tax, non-residents are also liable for social charges on rental income.
The issue is a contenious one, which we have covered extensively in our Newsletter.
As a result of legal challenges, in 2019 the government changed the low to remove liability for social charges from non-residents from within the EEA who are in a social security system of another Member State.
However, they replaced the social charges with a solidarity tax (prélèvement de solidarité) at the rate of 7.5%. This applies on 2018 income.
Non-EEA nationals remain liable for the full panoply of social charges at the rate of 17.2%
What remains unclear is whether EEA nationals will be able to offset the solidarity tax against their liability to tax in their home country?
The previous law stated that as a general principle French tax regulations state that social charges should be considered part of the income tax system, stating:
"Pour l'application de ses conventions fiscales, la France considère que ces contributions sont assimilées à l'impôt sur le revenu."
That principle is in line with a decision of the Constitutional Council in 1990, which stated that the social charges were "impositions de toute nature."
However, this principle could only be adopted where there was otherwise no express provision to the contrary in a double taxation treaty.
In the case of the UK, Article 24 of the 2008 Double Tax Convention with France lists the French taxes that would be used to eliminate double taxation, to the specific exclusion of CSG (Contributions Sociales Généralisées) and CRDS (Contributions pour le Remboursement de la Dette Sociale).
As a result, the regulations state that :
"La convention fiscale du 19 juin 2008 liant la France et le Royaume-Uni écarte quant à elle expressément la possibilité d'imputer la CSG et la CRDS sur l'impôt prélevé au Royaume-Uni......."
However, with the abolition of CSG/CRDS on non-residents from the EEA it remains unclear whether the new solidarity tax can be set off against income tax in the UK.
In addition, there are some countries that contest the definition of social charges as income tax for the purposes of double taxation, which is particularly the case for the USA, where there is no specific mention of the social charges in the treaty.
Next: Summary of Tax Regimes
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