TAX POLICY DIRECTORATE – Bureau A – OVERVIEW OF THE FRENCH TAX SYSTEM – Legislation in force as at 31 December 2016 – This document summarises the French tax system. Work reimagined: a two-geared approach to reopening and transforming your businessEY | Assurance | Consulting | Strategy and Transactions | TaxAccordingly, the Finance Bill for 2019 specifies that the trustees should report annually the market value on 1 January of the year of the following:Some of the features of these regulations have been specifically designed to address the avoidance of the French net wealth tax, among other taxes due by individuals.These regulations, often referred to as the “French mini-FATCA (Foreign Account Tax Compliance Act) for trusts,” include various components.
T ... foreign trusts. T IRARD, N For more information about our organization, please visit ey.com.Indeed, the annual reporting obligation should be limited to the reporting of the market value as of 1 January of the current year of the assets which are in the scope of the IFI.© 2020 EYGM Limited.
The additional French Budget legislation of 29 July 2011 created a specific wealth tax and French IHT/gift tax regime to apply to trusts. However, under French law and subject to double taxation treaties, property in a trust may be taxed at the highest rate applicable (60%) with no tax free allowance available. ... Foreign trusts. Frustratingly, this result may happen regardless of whether or not the assets held in trust are distributed to the beneficiaries. Income from a trust received by a French resident is taxed as foreign financial income (revenus de valeurs mobilières étrangères) whatever the true underlying nature of the assets (see BOI-RPPM-RCM-10-30-10-10-20160304- section IIC). These regulations, often referred to as the “French mini-FATCA (Foreign Account Tax Compliance Act) for trusts,” include various components.
Wealth tax was payable only by individuals whose private wealth, after deduction of debts, exceeds a certain limit on 1 January each year (EUR1.3 million for 2017). The New French Tax Treatment and Reporting obligations of Foreigns Trusts STEP BAHAMAS BFSB 1st December 2011 Jean-Marc Tirard 9 rue Boissy d’Anglas 75008 Paris France Tel: +33 1 53 57 36 00 Fax : +33 1 47 23 63 31 tirard.naudin@online.fr . Please refer to your advisors for specific advice.EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients.
The intention of the French legislator was not to give any legal effects to trusts under French law, but to enable France to tax trust assets and/or their participators when there is a connection with France.
This is done when you submit your annual tax return, using a separate declaration form.
It does not in any way constitute a statement of the official doctrine of the department that drafted it.
Under French law, residents of France have been obliged to disclose details of all foreign bank accounts opened, closed or used during the year. We strongly recommend that you seek professional advice before taking action.