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“Can I Work Remotely in France?”
Implied on this query is the adverb “legally” since, in fact, anybody can open a laptop computer anyplace in France and work remotely.
However for those who pose this query in a Fb or Telegram group, or on a discussion board, or within the feedback part of an article, be ready to listen to very spirited defenses of each “Sure” and “No” solutions. And though I very a lot weigh in on the “Sure” reply to this query, I absolutely perceive why the “No” individuals are adamant.
On the coronary heart of this query is absolutely a problem of taxation, which is a giant deal in France.
Your tax data are an vital a part of varied purposes you’ll have right here in France, notably for citizenship.
You’re required to file taxes so long as you’re a resident of France. Even for those who’re not resident in France, you have to to file taxes in case you are incomes any form of earnings in France. This most frequently applies to those that personal rental property right here.
Submitting taxes, in fact, is totally different from paying taxes. You solely pay taxes in case you have taxable earnings, and there are specific insurance policies and exclusions that may scale back that quantity for any given particular person.
What’s vital for any tax authorities that come knocking is a story. It’s essential consult with an accountant and probably an lawyer by yourself specific state of affairs, however in relation to France and lots of different international locations on this planet, the distant work query was clearly by no means anticipated in present legislation and doesn’t look to be an important subject to be resolved because the world recovers from Covid-19 and is heading into an vitality disaster centered in Europe however that will likely be felt across the globe.
Right here’s a state of affairs.
I’m an American businessman taking my household to Paris for a week-long trip. Whereas there I take two hours of enterprise calls every day, that are billable hours to his shopper.
The “No” individuals would argue that I’ve now “labored in France” illegally.
Right here’s one other.
A South African businesswoman has a Chilean-based enterprise however does a consulting name with somebody residing in Marseille.
The “No” individuals would argue that this South African entrepreneur has now “labored in France” illegally.
The legal guidelines on the books by no means anticipated that “work” might be one thing digital and that billable conversations might be taking place between international locations, a lot much less continents.
In each of those circumstances, the nation the place the enterprise is domiciled can simply be thought-about the place the place the enterprise passed off, and any earnings derived from these international locations will have to be reported by the person incomes that earnings in these international locations. Some could select to assemble or construe it one other method, however that’s as much as them.
Under no circumstances can these be construed as slam-dunk “working in France” situations.
However let’s transfer from these hypothetical conditions to what I’ve witnessed as I’ve helped a whole lot of individuals get their visas to come back to France over time: the French authorities, each earlier than and after 2020, has persistently accepted Lengthy Time period Keep Customer Visas by which the “proof of earnings” the applicant introduced got here within the type of a letter from an employer who said that his/her worker can be working remotely.
So, at the very least so far as the visa-granting portion of the French authorities is anxious, it’s completely authorized to work remotely in France.
The identical can be true for actual property. If you happen to personal actual property in France, you might be allowed to earn earnings from that actual property, even for those who don’t dwell within the nation. However you must declare that earnings to the French authorities.
US-based distant staff will find yourself declaring their US earnings to the French, albeit in an oblique method. Whenever you file your taxes in France, as I’ve for nearly a decade now, there’s a line merchandise for worldwide earnings, which in my case, is often additionally derived from the US. If I have been a distant employee, my earnings would have originated there and I might have paid taxes in that jurisdiction.
In accordance with the “no distant working in France” crowd, the a part of the French authorities that points visas to those that are brazenly stating their intent to work in France, the French authorities is incorrect.
Now, to be clear, that is attainable. It might be that totally different departments of the federal government are in battle with one another on coverage and {that a} future ruling will make clear this subject. It wouldn’t be the primary time that this occurred in a authorities, French or in any other case.
However for the second, not solely are you able to legally work remotely in France, you may even inform the French authorities you propose to take action.
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