At Francophile Legal Consulting, we have been helping non-residents claiming back the French social charges they have paid in relation to the rental income or capital gain they have received from their French property.
Regardless of where you are residing and as long as you are not registered with the French health care system, you will be able to recover the social charges you have paid between 2013 and 2016.
In brief:
Starting in 2012, the non-residents had to pay social charges (15.5%) in addition to the capital gain or income they received from their French property. In 2015, the European Court of Justice ruled that this new tax regime imposed on non-residents was against EU Law.
Following this case law (case C-623-13-Mr De Ruyter), the non-residents could claim a refund of social charges they have paid. However, the French government took measures to make the tax regime on non-residents compliant with EU rules, making it impossible to claim back the social charges paid after the 1st January 2016.
Under French law, any tax claim must be issued by 31st December of the second year following the year in which the tax was paid.
So non-residents who have paid social charges on their rental income perceived in 2013 or capital gain in 2014 have until 31st December 2016 to submit a claim to get their refund. For those who have paid social charges on their rental income perceived in 2014 or capital gain in 2015 have until the 31st December 2017 to issue a claim.
Your claim must be issued to the French Tax Office for non-residents accompanied by the necessary supportive documents. The claim must include legal argumentation. We have seen many enquiries from people who unsuccessfully claimed the social charges by themselves due to lack of justifications or supportive documents.
That is why we strongly recommend to use our services in order to ensure your claim will be successful. So far, we have experienced a 100% success rate. See our latest testimonial. Once we have gathered the necessary information and documents from you, we will draft and issue your claim in France. The whole process can be long. In some cases, we have seen clients being refunded within 6-12 months in other cases longer.
We will advise you and update you throughout the process.
So don’t forget to claim a refund of French social charges! Our firm can assist you in claiming back the social charges you have paid.
Please contact us if you would like more information on this or would like to pursue such a claim.
This article was written by Loic Raboteau, French Legal Advisor and director of French Legal Consulting.
Francophile legal Consulting can assist you with international property matters. For more information on this topic, please do not hesitate to contact Loic Raboteau, managing director by completing the form below.
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A little more about FRANCOphile Legal Consulting Ltd.
The company was created in response to the need of legal experts for international private clients and businesses. People are no longer confined within their own country boundaries to work, create a business or purchase assets. National, international laws and new technology have enabled people and businesses to move and expand internationally, creating a demand to resolve cross-border issues.
We are a London-based legal consultancy company dedicated to addressing our clients’ international needs. Whether you are a private individual moving or investing in a foreign country, an entrepreneur, or a business willing to expand internationally, FRANCOphile Legal Consulting Ltd will cater your specific requirements and will look after your interests in the short and long term.
Benefiting from an extensive network of international lawyers, solicitors, accountants and financial advisors based in London and in several jurisdictions, FRANCOphile Legal Consulting Ltd is able to handle your interests in different countries around the world.
Our approach and solutions are tailored to our clients’ needs. We believe that our clients are unique and warrant distinctive service.
Our international coverage includes France, London, Tunisia, Morocco, Egypt and Mauritius. If you would like to know more about us then fill out the contact form above and we will be right back to you.