Bonjour!

[beamer]

Hi,
I'm so happy to find this forum. I've been in a long distance relationship for 5 years with a man in France. We usually are apart for between 3-6 weeks 4 times a year. We have been going back and forth between France and the US not overstaying the 3 months allowed us. His job allows him to be able to take several months a year off a couple of times a year.

He doesn't want to ever loose or change his French Citizenship and I don't blame him. I am chained to the American health care system and I hate it because not only is it expensive but it's not even very good. We are looking at getting married but my divorce will not be final for an extended period of time due to some financial details, so I will remain married for about the next year and a half perhaps.

I am a fine artist in the US where I've sold the majority of my work for decades. I believe I can sell my work in France but don't know how to approach it so that it would be legal. I've been reading this forum with great interest because I need to learn how to make the transition.

If we marry or enter into a PAC agreement how much time does he have to spend in France to maintain his Health Coverage. He owns a home there that he plans to keep and rent.

Can we sell my work online in France and would that constitute a business or job for me? I don't mind paying taxes to France at all. Am I correct to understand that I can't work in France if I'm not a citizen?

If anyone has any input on things that I might do well to understand I'd be eternally grateful to learn them before hand.

Is there a limit on the minimum amount of time you need to be in France each year to maintain your French health coverage?

Also he has a home 50 minutes outside of Paris, suited for a single or couple that he will rent for several months at a time,( currently Summer and Winter but not spring and fall) , but I'm not sure if saying that here is in any violation of anything. If so you can strike this paragraph from my post, and I appologize.

I'm very happy to have found this forum! Hello everyone and Merci Beaucoup!

Best Thoughts,
Beamer

[Bevdeforges]

Hi Beamer - and welcome to the forum.

Wow, complicated situation, but when you live in France (like I do) you get used to it. First of all, there is no reason for either of you to give up or change your citizenship. It's entirely possible to have both French and US nationalities. I do.

On the health insurance issue - it's not a matter of how much time you spend in France, but rather where you are drawing your income from and if you are paying into the social insurances "caisses" in France. Well, that and the little matter that French health coverage only pays for emergency treatment in the US. So if you get married or PACse'd, you're going to have to decide where you want to live - where you will be "tax resident" - and work things out from there.

>>I am chained to the American health care system and I hate it because not only is it expensive but it's not even very good.<<

This statement I don't understand, but there's no need to share your medical history. If you were to marry and settle in France, you would be covered under the French system as his dependent. If you sold your art work while a French resident, you'd wind up having to find and pay into the appropriate French "caisses" - for health coverage, retirement and some other odds and ends. Depending on how much you sell in a year, you would establish a business entity - what kind depends on a number of factors, but it isn't all that difficult.

There are pluses and minuses to the French health system. (Mike Moore's version of the French system is highly simplified at best.) It does, however, apply to everyone (legally) resident here.

You most assuredly do NOT have to take French nationality to work in France. You'd only need to be legally in the country with working privileges - which you'd get as the spouse of a French national (though you might have to wait either a year or two for the work permission to kick in - as an "established" artist, you may not have to bother with the waiting period).

Anyhow, enough for now. Looking forward to hearing more from you.
Cheers,
Bev

[beamer]

Hi Bev and Thanks for your very helpful reply!

Yes, it is complicated ( and tiring but SO worth it), and we are not absolutely sure how much time we are going to spend where yet, but learning how things "are" will help to determine this.

Firstly I don't see us being 100% tax residents of either country as I would hopefully be able to paint, sell and pay taxes in both countries. He will probably also retain some income in France for some time even if he were to work some in the US.

When I say chained to the US system, I mean for now at least, as I am still technically married in the US. I know that Michael Moore did oversimplifiy the situation in "Sicko" but there was a definite basis for it and I do believe that the French do have the medical situation more together than the American's for most of the medical needs of the people. The US system doesn't seem to be improving. They could do with some of the French "feedback" from the people in the way that the French are able to deliver it publicly in the form of strikes! The American's tend to just keep taking it and taking it while they are being bled nearly dry.

When you say, as I'm already and "established" artist... I don't understand how that would change anything if there is a law that prevents me from working for a year or two... I mean "technically".

I've sold my work well in the US but always shyed away from using galleries as the commissions placed a demand on me to create 40 - 50% more work to end up with the same income. As I was able to sell without that I did. That is why I'd hope to try to affiliate with a French Gallery for a reasonable amount or sell my work online if possible.

I so appreciate the opportunity to mine the knowledge of this group. My French is not so good so my ability to inquire about these issues myself is next to nothing and my partner keeps saying he'll ask but the problem is when you ask one person you sometimes get one answer and ask another and get a different answer... so this forum is invaluable for gaining a broader view.

I'm getting ready for a crossing in a couple of weeks and can't wait for Spring in France...

Thanks Again...

Best Thoughts,
Betty

[giantpanda]

Originally Posted by beamer

Hi,
I'm so happy to find this forum. I've been in a long distance relationship for 5 years with a man in France. We usually are apart for between 3-6 weeks 4 times a year. We have been going back and forth between France and the US not overstaying the 3 months allowed us. His job allows him to be able to take several months a year off a couple of times a year.

He doesn't want to ever loose or change his French Citizenship and I don't blame him. I am chained to the American health care system and I hate it because not only is it expensive but it's not even very good. We are looking at getting married but my divorce will not be final for an extended period of time due to some financial details, so I will remain married for about the next year and a half perhaps.

I am a fine artist in the US where I've sold the majority of my work for decades. I believe I can sell my work in France but don't know how to approach it so that it would be legal. I've been reading this forum with great interest because I need to learn how to make the transition.

If we marry or enter into a PAC agreement how much time does he have to spend in France to maintain his Health Coverage. He owns a home there that he plans to keep and rent.

Can we sell my work online in France and would that constitute a business or job for me? I don't mind paying taxes to France at all. Am I correct to understand that I can't work in France if I'm not a citizen?

If you want to work online in France, you will have to register a firm - less than one hour work is sufficient for the obligation

If you are not married, or have a Pacs, see here your situation

Etrangers en France - Service-public.fr

If anyone has any input on things that I might do well to understand I'd be eternally grateful to learn them before hand.

Is there a limit on the minimum amount of time you need to be in France each year to maintain your French health coverage?

As long as he continue to work in France, and has his " main residence here, no problem.

Also he has a home 50 minutes outside of Paris, suited for a single or couple that he will rent for several months at a time,( currently Summer and Winter but not spring and fall) , but I'm not sure if saying that here is in any violation of anything. If so you can strike this paragraph from my post, and I appologize.

I'm very happy to have found this forum! Hello everyone and Merci Beaucoup!

Best Thoughts,
Beamer

Hi!

See answers in the text.

Your text unfortunately contains too many questions - as soon as anybody else has answered one or other question, if it difficult to keep tract. Better to stick to single questions.

Yours,

giantpanda

[Bevdeforges]

Hi Betty,
You cannot be tax resident in more than one country at a time. But that said, the "definition" of tax resident is pretty squishy and open to much interpretation. (Then again, as a US citizen, you'll ALWAYS have to file US taxes, no matter where you live or what your "residence.")

Briefly stated, you are "tax resident" in the country where you spend most of your time - and where you have your "center of interest," which includes such things as primary residence, where you get your medical care, where you stay when you're "working," where you pay your social insurances. Basically, if your SO (significant other) stays on the French social insurance scheme, his tax residence is France. (Though there are exceptions to that, too.) If you marry or are PAC'se with him, you have to figure your residence based on your "household" experience, residence and other factors.

What I meant about being an "established" artist is that, given that you are already selling your work (through whatever means), you may be recognized as being an "artist" for French purposes - which is different from being an "employee." You still wind up establishing a de facto "business" for selling your works (however you decide to do it), but since you have no employer, you avoid some of the visa hassles (like needing a work permit). If your sales fall under a certain level, you can also avoid having to pay VAT and such - but first you have to move to France, and that is a little ways off for you just yet.

For now, work on your French language skills. You'll need them!
Cheers,
Bev

[giantpanda]

Originally Posted by Bevdeforges

Hi Betty,
You cannot be tax resident in more than one country at a time.

Hi!

Sorry that was the former " theory ", which lead to endless arguments between countries, as where income should be taxed.

The new position os that you can be a "fiscal resident" in many countries. Then you make an income tax in each country over your total world income.

So in one given country, you declare incomes in other countries, and the taxes you have paid on these, so that in theory you are not taxed twice on one income.

I wrote "in theory " because for financial added value on stock and shares or interest in France for example, they will credit you of the taxed paid elsewhere, and then will retax you at French rate - For 2008 income ( differtence with 2007 income ) that will be 18% income tax and 11% CSG ( Contriibution Sociale Généralisée ). NB. According to the specific income there can be allowances.

In France if you work from a maison secondaire or elesewhere ( unless you are détaché ) for your own income or for a firm, you are subject to paying Social Security contributions, and are subject to making an income tax return.

Yours,

giantpanda

[Bevdeforges]

Hi giantpanda,
Strictly speaking, you are tax resident in one country, although you may pay taxes in many countries. As I said, the term is "squishy" - which means not strictly defined. There is a similar concept in the US tax system, due to the many states which have state income taxes - you have to be "resident" for tax purposes in one and only one state - and determining that one state is not always easy. That determines how you are taxed in all the other states where you are subject to taxes.

For the US taxpayer (which is anyone with US nationality or a green card), you have to be "tax resident" somewhere other than the US to take advantage of certain exemptions designed to avoid double taxation - but it's not always possible to avoid it 100%. (The French system for avoiding double taxation works much better!)
Cheers,
Bev

[beamer]

I really appreciate the marvelous feedback you have bot provided. I understand much more now!

I'll digest what you have told me before I begin to plan painting in Paris during April!

Thanks again and I'll keep reading!

Best Thoughts,
Beamer