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Discussion Starter · #1 ·
Hello all!

I appreciate your time to read and leave any advice on my confusion. :)

I have lived in France for five years, I went back to the states December 2015 and then back to France a bit later with a different company and visa.

I did my taxes as I worked there and eventually was able to file online and pay my taxe d'habitation the same way.

However, in 2016 year, I was not employed in France but in the States even though I was in France. Long story...change of jobs, still in France, not French company. And therefore filed in the states this last April for 2016 taxes.

I know it is late, but now I am wondering...

I heard that once you file online in France, even if you don't file again the next year, they will just deduct was your previous year's sum from your bank account (which i still have) in assumption that it is the same amount more or less.

Is this true?

Do I need to file something that says that I am no longer working under the French tax system and therefore shouldn't be taxed anymore?

However, I still have my apartment, and do need to be taxed for that...I'm not sure how that would work...

Can anyone help me?
 

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If you are resident in France, or if you are physically in France while doing work for which you are being paid, then you are "working in France." You say you were "not employed in France but in the States even though I was in France." Unfortunately, you don't get to choose where you pay your taxes.

The fact of your being in France and of maintaining your primary residence in France (or so it sounds) means that you should have filed French taxes (in addition to filing US taxes, which you always have to do as long as you have your US citizenship).

You may well have been eligible for the Foreign Earned Income Exclusion - so no US taxes - depending on your status and length of presence/residence during the 2016 year. Just working for a "non-French" company does not mean you don't file here in France.
Cheers,
Bev
 

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Discussion Starter · #3 ·
Hi! Thanks Bev, but unfortunately no actually, I am no longer a resident of France. My primary address has reverted back to my US address as I was gone until August 2016 and I do have to pay American taxes. I kept up with paying for my apartment in France because I was already on the lease thought to be come back anyway ( I didnt take a trip back during that time as well). So Im pretty sure I dont have to pay taxes to France other than my apartment taxes since I was still on the lease and had thought to be back sooner. My main question is do they automatically just take money from your account if you dont file again (because I have nothing to file this year) or because you didnt change anything from last time you filed?
 

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You should tell the French impots that you were no longer resident from ... (date). I would suggest you also give them your US address. If you don't tell them, they will almost certainly commence proceedings against you. However, you say you were away until "August 2016" - does that mean you again became resident at that time, or was it just a trip? If you were resident from August 2016, then you need to make a French tax declaration for last year.
 

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From your post, I'm still a little confused as to the time line. If you left France in Dec. 2015, then you should have filed a French tax declaration for 2015, listing your (then) current address - in the US, I assume - and the date of your move. That would have signaled the Fisc regarding your departure and change of tax status.

If you were working in France during part of 2016, then you need to file for 2016 - at least the part when you were living and working in France. And you indicate the change of residence using the change of address portion of the tax forms - your address on January 1st of the tax year, then your new address along with the date that you moved.

Now, how this affects your taxe d'hab if you are simply retaining your French flat without it being your primary residence, I'm not at all sure.
Cheers,
Bev
 

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how this affects your taxe d'hab if you are simply retaining your French flat without it being your primary residence, I'm not at all sure.
If the OP had resident status on 1st Jan 2017 and submitted a tax return for 2016 income, taxe d'habitation would be calculated as for taxpayer's principal residence, ie based on income. But it sounds like they weren't resident on 1.1.17.

If the OP had non-resident status on 1st Jan 2017 and did not submit a tax return for 2016 income due to not having been resident for any period during 2016, then taxe d'habitation would be charged as on a holiday home.

But if the OP had non resident status on 1st Jan 2017 due to having left France, but submitted a tax return for 2016 income due to having lived and worked there during part of 2016 (which it sounds like they should have done), then - I don't know!

I think the answer to your question is that if you don't file the fisc won't assume anything at all, they will simply note that you have not filed a declaration and they will want to know why not.
 

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If the OP had resident status on 1st Jan 2017 and submitted a tax return for 2016 income, taxe d'habitation would be calculated as for taxpayer's principal residence, ie based on income. But it sounds like they weren't resident on 1.1.17.

If the OP had non-resident status on 1st Jan 2017 and did not submit a tax return for 2016 income due to not having been resident for any period during 2016, then taxe d'habitation would be charged as on a holiday home.

But if the OP had non resident status on 1st Jan 2017 due to having left France, but submitted a tax return for 2016 income due to having lived and worked there during part of 2016 (which it sounds like they should have done), then - I don't know!

I think the answer to your question is that if you don't file the fisc won't assume anything at all, they will simply note that you have not filed a declaration and they will want to know why not.
Saw an article (yesterday morning, I think) that indicated that an automatic process will kick in if you don't declare within a couple of months following closing date for declarations - it was all about penalties (as opposed to asking why the individual did not declare). I suspect they are tightening up here in France.
 
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