buying property in france, carte de sejour

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The Carte de Sejour

If you intend on buying property in France, living in France permanently or to stay for more than three months at a time, theoretically you need a residence permit - a carte de sejour. These are issued by the prefecture of your department. You can often go through your local mairie or gendarmerie but in the long run, it is probably simpler to go direct to the prefecture who will give you a list (and it is a long one) of the documents you will need.

Dealing with French bureaucracy is no different from dealing with most beaureaucracies. (except often the language can be a problem). It can feel like wading through treacle. However if you are a citizen of the European Community you are entitled to live and work in France, provided you meet certain requirements which ensure that you won't be a burden on the state. You must have a permanent home, either owned or rented; you must have a job, business or independent means of support and you must also have medical insurance through contributions to the French national health service or private medical cover (not unreasonable really!)

Detailed requirements for the carte de sejour can vary from prefecture to prefecture, depending on the interpretation of the rules. For example, some prefectures may insist on an official translation of documents like birth certificates.
Leaving aside local variations, the documents you will definitely need are;

  • A valid passport
  • 3 passport sized photographs
  • Birth and marriage certificates
  • Certificate de domicile (you get this from your mairie)
  • Proof of permanent address (for this you need an abstract from the Acte de Vente for your property from the Notaire or a rent receipt)
  • Justification de Domicile (A gas or electricity bill which shows that you are a householder)
  • Proof of income (If you are employed, you just produce your contract of employment. If you are self-employed, you must show proof that you are in business. To get this you have to register with the trade or professional organisation, such as the Chamber of Commerce or the Chambre de Metiers, which deals with your particular occupation. The prefecture will tell you who to contact. Your trade organisation will arrange for you to sign on with the various health and social security bodies. When you have done this, you will receive your final registration document which you then take back to the prefecture.
If you are retired or not working, you must show that you have enough money to live on. You will need:
  • Proof of your entitlement to a pension and/or an attestation from your French bank that you have income or capital resources.
  • Evidence of Medical Insurance (If you are employed, you will automatically have a social security number.

If you are self-employed, your Inscription Definitive will show that you are contributing to a Caisse Primaire d'Assurance Maladie.

If you are over UK retirement age, your contributions to the UK system entitle you to health benefits under the French system. To prove your entitlement you should:

  • get form E121 from the DSS in Newcastle.
If you are not working and not retired, you need:
  • Proof that you belong to a recognised private health insurance scheme. Timbre Fiscal for the fee. - this is obtained from any tabac, not from the Post Office as you might expect. The prefecture will tell you the current fee.

It may take two or three visits to the prefecture before they are satisfied that they have all the information they want. You need photocopies of all documents, including the relevant pages of your passport.

One last point, before you go to the prefecture, phone first to check the opening times of the Carte de Sejour office. They often don't keep normal office hours and it is infuriating to travel 100 kilometres to find that they have just shut for the day - and, oh yes, take a good book!

Once your application is accepted, you will be given a temporary carte de sejour, called a recipice, followed by a permanent one several weeks later. You may be asked to collect both of these from your mairie, You should carry your carte de sejour with you at all times.

The carte de sejour normally has to be renewed every five years if you are retired and ten years if you are working.

Health and Social Security

The big difference between the British and French systems is that the administration of social security in France is carried out by autonomous bodies called 'caisses', each of which handles a different aspect of social security, such as pensions, health insurance and family allowances. To complicate matters, there are also different 'caisses' for different classes of occupation.

If you are working in France, as an employee or self employed, you must register with the social security organisations which cover your particular occupation and pay contributions called 'cotisations'.

If you are employed It is your employer's responsibility to register you with the various caisses. You will be issued with a registration card, which you guard carefully. If you change jobs you must produce it for your new employer. As in the UK, your employer pays his contributions and yours direct to the caisses and deducts your contribution from your salary. How much you pay depends on how much you earn but, as a guideline, the basic employee's cotisation in 1999 was just over 21% of gross salary. If you have children, you may be entitled to Family Allowance. Tell your employer and he will get the Caisse d'Allocation Familiale to contact you. Health insurance is provided through the Caisse d'Assurance Maladie. The difference between French and British health provision is the French national insurance does not cover the full cost of treatment, so you may want to take out private complementary insurance through a 'mutuelle'. Indeed you may be compelled by your contract of employment to join one.

If you are self employed If you are working for yourself, the basic procedure is the same but it's down to you to get yourself into the system. To add to the challenge, not only is there a different set of caisses for the self employed but different caisses for different professional and occupational groups. It is your responsibility to register with the appropriate organisations. When you register as a self employed person at the Chambre de Commerce or trade organisation (which you will have to do to get a carte de sejour), they will tell you which bodies to contact. Cotisations are based on your previous year's income. If you are starting a business in France, you may be able to get a reduction on some of them for the first year, but to qualify you must notify the Direction Departementale de Travail et de l'Emploi when you register the business. When you plan your budget, remember that most of the cotisation demands come in January and February. They usually have to be paid almost immediately and there are fines for late payment.

If you are not working You are not currently entitled to any benefits, even health cover. Your UK payments will generally only cover you for up to two years, so you must take out health insurance. In point of fact, you will not get a carte de sejour without it. You can choose to pay voluntary contributions into the French system or there are a number of UK, French and international insurance schemes available. However, a change in the law as from Jan 1st 2000 gave the right to all 'stable residents' of France to join the French health system. Benefits will be free for low income families, but will involve a revised contribution system for others, based on your income. The contribution has been set at 8% of your taxable income over and above an allowance of 42,000ff. If you are a couple your combined income is taken into account but you are obviously both eligible for the basic cover allowed to French nationals. Furthermore, you may be entitled to 'Couverture Malade Universelle', or 100% cover of all expenses, free of charge if your combined income is below set low income thresholds. These have been set at 42,000ff for a single person and 63,000ff for a couple with extra allownaces for children. If you are in possession of European qualification papers (E106, E121) allowing you free access to basic cover, these will still over-ride the requirement for contribution.

If you have a UK retirement pension You are entitled to the benefits of the French health service without paying contributions. Ask for form E121 from the DSS Overseas Branch, Newcastle on Tyne, NE98 1YX and send it to the Caisse Primaire d'Assurance Maladie for your area, who will probably ask you for copies of things like your birth certificate before issuing you with a registration card.

Using the health service Unlike the UK you don't register with a particular doctor but can use anyone who suits you. Before making an appointment with a doctor or dentist or going into hospital, check that they are 'conventionne'. This means that their charges are within the limits set by the health service. If you use a non-conventionne doctor or hospital you may have to pay a lot extra over the health service limits.

Briefly, this is how the system works. Visits to doctors, medical or dental treatment or prescriptions (ordonnance) bought from a chemist are recorded on a brown and white form called a feuille de soins. You pay the doctor or chemist direct, then send off the feuille de soins (keeping a photocopy) to the address on your medical registration card. You can get a refund of 10% to 70% of the cost on the depending on the treatment but the maximum refund is steadily being reduced making complementary insurance more important. The cost of hospital treatment for serious illness is refunded in full, but you pay a daily charge for accommodation!

 

The Tax System

Whether you live in France or have a second home here, you are bound to become involved with the French tax system. At the very least you will pay local taxes (like the old British rates system) and if you own any property in France it will be subject to French inheritance tax. If you live here for more than 183 days a year, all your income and assets worldwide are potentially liable to French tax. In theory, you may also be liable for UK tax. In practice, there is a double tax treaty between France and the UK which protects you from paying twice. On the positive side, a move to France gives you a window of opportunity to do some effective tax and investment planning.

In this summary we can only outline the main taxes that may affect you. Before you buy property, invest capital, arrange pension payments or plan your estate, you must get professional advice from experts who know the French system.

Local Taxes

There are two kinds of local tax, both based on the notional letting value of the property. The Taxe Fonciere is paid by the owner. The Taxe d'Habitation is paid by the occupier, regardless of whether they are owners or tenants. The amount varies from commune to commune. If you are retired you may get a reduction or be exempt.

Direct Taxes

The French system is complicated and it is not easy to get help from the tax authorities. All taxation is through self-assessment. This makes it all the more important that, unless your affairs are very straightforward, you get professional advice. When you move to France, it is your responsibility to register with the local Inspector des Impots. You are taxed as a family unit, with each partner being considered to earn an equal share of the household income. The tax year runs from January 1st to December 31st. Early in January you will be sent a tax return, the Delcaration des Revenus, which must be returned by the end of February. There may be a penalty for late returns and there is always a levy for late payment. Tax is not deducted by PAYE but paid in the year following the year of earning the income, either in three instalments in February, May and September or in 10 monthly instalments.

Personal Income Tax

There are two sorts of income tax.

  • Earned income tax for salaries and pensions is Impot sur le Revenu des Personnes Physiques(IRPP). The tax bands range from 10.5% to 54% (1999 figures) depending on your income - but do not despair, there are a large number of allowances. Unless you have a large income, you will probably not pay more than in the UK and you may well pay less as a couple.
  • Unearned income tax is Impot sur les Revenus de Capitaux and includes all interest, investment and property income. There is also Wealth tax, Impot de Solidarite sur la Fortune on net assets over 4.7 million ff (1999 figures).

Capital gains tax

This is called Impot sur les Plus-Values. You may be taxed on capital gains realised on property or investments anywhere in the world. There is no tax on any gain you make in selling your principal home. There is a small tax free allowance for sale of shares. Capital gains on sale of shares are taxed at a flat rate of 16% (1999 figures). Most other capital gains are just added to your taxable income.

Social Charges

All sources of income and capital gains are subject to the Contribution Sociale Generalisee (CSG) and the Contribution au Remboursement de la Sociale (CRDS). These are basically social security levies. They amount to 8% of earned income and 10% of most investment income and capital gains (1999 figures).

If you plan ahead, preferably before you move to France, you can legitmately put many of your investments out of reach of the French tax people.

Inheritance and gift tax

The Droits de Succession which not only cover death duties and lifetime transfers but dictates who inherits your assets, probably cause more anxiety to British residents than any other problem. Theoretically, if you live in France, droits de succession are paid on all your property and assets worldwide. The level of tax paid by your heirs, including your spouse ranges from 5% to 60% (1999 figures) depending on the value of your estate and how closely they are related to you. Again, good financial planning can help to ensure that as much as possible goes to the people you want and as little as possible in tax.

 

The Banking System

French banking has a completely different culture from UK high street banks and operates to strict rules. As a result, it can be a disaster area even for fluent French speakers. For instance, writing a cheque on an overdrawn account (a cheque en bois) is officially illegal. So is post dating a cheque. Worse, if a cheque bounces because you were out of the country and the funds you sent over had not arrived, you will be immediately blacklisted by the Bank of France. If the situation is not sorted out within a month or the cheque bounces a second time, you can be fined and banned from owning a cheque book for ten years.

Choosing a bank

The basic criteria for choosing a bank is the same whichever country you are in. These include ease of access, the charges and the banks willingness to supply any loans or mortgages you may need. For the expatriate there are more specific criteria. First is the ease and cost of international transfer. To avoid delays and extra charges, your French bank should always be a 'correspondent' of your UK bank. Some British banks now operate special agreements for swifter transfers to specific banks. Ease of access is less important. The French Carte Bleue system means that you can withdraw money from any cash machine anywhere in France. Ease of communication is obviously important. Many young bank employees have a relatively good knowledge of English. However, if you are going to have a good understanding of each other, you need a banker who is willing to understand another culture. Some banks have specialist departments for expatriates.

The Compte Courant is a normal cheque account in sole or joint names, on which you can also have a Carte Bleue debit card. To open the account, you need proof of your address, like an electricity bill and a 'piece d'identite' such as a carte de sejour or a passport. By signing the application form, you are, in effect, confirming that you understand French banking law. So don't hesitate to ask questions. The biggest source of misunderstanding is the French value dating system, which means the value they give you on any one day is rarely the 'real' balance used to calculate overdraft interest. Unless you understand how value dating works, you could end up paying unnecessary interest. Say you are transferring money from the UK to pay your builder - you phone your bank, who confirm that the transfer has arrived so you give a cheque to your builder who takes it straight to his bank in the same town. Your bank will receive this cheque the next day for payment. However, your bank will consider that they received the transfer one day later (jour + 1) and that the cheque was received for payment two days before (jour - 2). In 'value dating' terms, you may have been overdrawn for two days and may be charged interest at the end of the month. What makes it more confusing is that your bank statement will not show you as overdrawn.

The Carte Bleue is a debit card system like Switch but you use a PIN (personal identity number) rather than a signature for all transactions. With your Carte Bleue, you can withdraw money from any bank's cash machine anywhere in France and, with most cards, throughout the world. You can pay most supermarket, restaurant or other bills with your card. There are three types of card: the CB Nationale, which can only be used in France, the CB Internationale, which is linked either to the Visa or Mastercard systems and can be used in France or abroad and the CB Premier which is like a gold card with higher limits and added benefits. There is an annual fee for each card. When you use your card, your bank account is automatically debited. Cash withdrawals on your card are always debited immediately. With other transactions you have a choice between 'debit immediat' and 'debit differe'. Debit immediat is self-explanatory. With debit differe, the month's transactions are debited in a lump sum at the end of the month.

Deposit accounts

All banks have an instant access compte sur livret which pays taxable interest. There are also several types of tax free accounts, but there is a limit to how much money you can save in them. These are the Livret A, available only from the Caisse d'Eparagne or the Post Office and the Codevi, available from all banks. The Livret Jeunes, also available from all banks is available for anyone aged 12-25. The Livret d'Eparagne Populaire is for non-taxpayers.