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Why some Brits in France are facing bigger tax bills since Brexit

Over the summer people living in France have received their tax bills, and some Brits who are residents here will have noticed that their bill is larger than usual - here's why.

Why some Brits in France are facing bigger tax bills since Brexit

Brits who live in France and make a tax declaration here, but have income from the UK, may have noticed that their tax bill has increased this year – here’s why and whether you can challenge the increase. 

Brexit

Yes, this is Brexit related and it refers to social charges on non-French income. The standard rate for these charges are 7.5 percent for income from an EU country and 17.2 percent for income from a non-EU country.

The tax bills received over the summer relate to the annual French tax declaration filed in April 2022, covering the 2021 tax year. In other words, the first year after the end of the Brexit transition period.

Social charges

Social charges are levies with a social purpose introduced in France in the 1990s to finance the country’s complex social security system.

If you have a French payslip you will already be familiar with them, and they actually make up the bulk of deductions from salaries, significantly more than income tax.

READ ALSO How to understand your French payslip

One of the big questions is whether France’s social charges are actually a ‘tax’ – the government repeatedly insists they’re not, for all that they look like a tax and are paid like a tax. 

The position on French social charges has changed several times in recent years, sometimes in response to court action all centred on whether this money that government deducts from your income can be called a ‘tax’ or not.

Katey Murray, at The Spectrum IFA Group, explained: “Article 29 of the amended Finance law of 2012 extended social charges to rental income from French properties and capital gains on properties for people who are not French tax resident.

“In 2015, a Dutch national challenged the fact that he was paying social charges in France and social security contributions in the Netherlands. The case went before the ECJ, which ruled these levies were similar to social security contributions and therefore contrary to European law.”

France’s highest administrative court, the Conseil d’Etat, confirmed the ECJ’s ruling. “French tax offices then, if a claim was made to them, reimbursed undue social charges,” Murray said.

“However, the French Government stated that these claims could only be made by someone covered for their healthcare by the system of another European country (EU, EEA or Switzerland) and not someone covered by a non-European health system. 

“This was confirmed by the ECJ for a French national living in China in a case in January 2018.”

Foreigners in France

And it’s this ‘healthcare system’ distinction that has become the key detail for Brits in France, clarified by a court ruling from March 2022 on the details of the Brexit Withdrawal Agreement. 

Social charges are currently set at 7.5 percent for income from an EU country, or 17.2 percent for income from a non-EU country. So income from the UK jumped to the higher rate at the end of the Brexit transition period.

However the ECJ ruling on healthcare cover is the key bit – essentially if you are already contributing to another European country’s social security system, you benefit from the lower rate.

This mainly affects two groups – Brits living in the UK (and therefore covered by the NHS) who have income in France, and Brits who are living in France and who have an S1, which states that their healthcare costs are covered by the NHS.

S1 holders are mainly British pensioners living in France, but the scheme can also apply to other groups including students and posted workers. 

Brits who are living in France and are covered by the French health system pay the higher rate on income from the UK. 

Technically the 7.5 percent rate is a ‘social levy’ rather than the prélèvements sociaux.

The ‘social levy’ is not charged on pensions, so if you are an S1 holder who receives a British pension, you will not have to pay any social charges at all, while certain types of property income may also be exempt from social charges.

Tax

As we stated above, social charges are not a tax (although they are deducted from your income by the tax office).

Taxes on income from the UK is covered by the bilateral dual-taxation treaty between France and the UK, which states that you don’t have to pay tax in France on income that you have already paid tax on in the UK. 

So the first thing to check on your tax bill is whether deductions relate to impôt (tax) or prélèvements sociaux (social charges).

Challenge your tax bill

So what to do if you think you have been incorrectly charged on income from the UK?

If you are an S1 holder, it’s a case of telling the tax office that you benefit from the lower 7.5 percent social levy, rather than the 17.2 percent social charge.

Murray said: “You can state that you are not subject to social charges by ticking boxes 8SH/8SI on your tax form (2042 form) or, if you have been charged at the higher rate, you can claim them back on your personal page on the impots.gouv.fr website.”

If the over-charge relates to a different issue – for example you have been charged both tax and the social charge or charged on exempt income – your first step is talking to the tax office, either in person or over the phone.

READ ALSO How to challenge your French tax bill

This article is a general overview of the tax rules and is not intended as a substitute for financial advice, if your financial affairs are complicated you are always better off getting professional help from an accountant who specialises in international taxation.

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ENERGY

Reader Question: Why has the price of fuel for log-burners doubled in France?

The cost for one tonne of the wood pellets used to power wood-burners or stoves has doubled since the beginning of 2021.

Reader Question: Why has the price of fuel for log-burners doubled in France?

Question: We have a poêle in our home in south west France and we have noticed that the price of the wood pellets has rocked in recent months – is this an issue all over France? And why?

Although French consumers are largely shielded from the rocketing prices of gas and electricity seen in many European countries, there is one heating method that has not escaped rising costs – wood-burners.

Many French homes have either open fires or log-burners known as poêles, and the most efficient thing to burn in these are specially created wood pellets known as either pellets or granulés de bois

How much do they cost?

On September 20th, Eric Vial, the director of Propellet, the national association of wood pellet heating professionals, told Actu France that the price has almost doubled since last summer.

“Today, a tonne can be bought for about €600. At the beginning of 2021, it would be €300, €350”, Vial told Actu France on September 20th.

The pellets are usually sold in either DIY stories, specialist outlets or hypermarkets and of course the retail prices vary, but in most cases stores have had no choice but to pass the cost increases on to customers.

Why the increase?

Wood pellets have increased in price for several reasons, namely increased demand and higher production costs.

First, demand for wood pellets increased significantly this year. It also came earlier than it normally does, as people began preparing for winter earlier. Many customers placed order before the start of production for 2022.

“The supply is restricted compared to the demand,” explained a spokesperson for Propellet to La Depeche.

The increased demand amid concerns of energy shortages this winter came alongside a general trend of more installations of pellet-burners in France, as installations are supported by the government in an effort to reduce pollution and dependence on fossil fuels. Households can benefit from State aids and subsidies to install new or refurbish old heating systems.

READ MORE: Heating homes: What are the rules on fires and log burners in France?

Between 2020 and 2021, sales of pellet stoves have increased by 41 percent and sales of pellet boilers by 120 percent.

Stores across the country have been forced to limit sales with demand outpacing supply. One such shop is the Weldom store in Fleurance, near Toulouse, who found themselves out of stock in late September. Store owners told La Depeche that they have “a lot of demand at the moment” and if the re-stock delivery “does not arrive, it will be a loss for the store.”

Prices are also rising is due to increased production costs.

According to Propellet, production expenses first increased during the pandemic when plastic and metal elements needed for the creation of pellets were more difficult to find. Currently, the issue facing the industry is the price of electricity. 

Vial explained Actu France that “To manufacture pellets, you need electricity. Because of what is happening in Ukraine, [the price of electricity] has increased a lot.”

According to Christian Lejeune, the manager of the sawmill in Grand-Est, several companies that supply wood pellets are more directly impacted by the war in Ukraine. “They imported their supplies from Ukraine or Belarus,” explained Lejeune to Republicain Lorrain.

Unlike electricity and gas, wood pellets have not fallen under a government price shield to protect consumers from price increases related to inflation. 

READ MORE: LATEST: France to set maximum 15 percent gas and electricity price rises for 2023

Some local politicians, such as the MP for the Ardennes area, Pierre Cordier, have begun pushing for wood pellets to be covered by a price shield, as well as for action to be taken to protect against possible shortages. 

The Minister of Environment, Agnès Pannier-Runacher, responded to Cordier’s requests on September 13th, saying that the government has “taken measures to promote the production of pellet and not be in a supply impasse.” 

The details of such measures were not yet communicated as of September 26th, but according to the Prime Minister’s press conference detailing the extension of the energy shield for electricity and gas, households that use wood-burners will also benefit from the cheque energie, depending on their level of income.

Is there concern about a shortage?

Propellet told La Depeche that “we are not yet in a situation of shortage” instead they are concerned about “temporary strains.”

The association of wood pellet heating professionals expects that the situation will have “smoothed over in the coming months” but this will depend largely on the weather. A colder winter would increase demand.

In the event of a harsh winter, France might need to import wood pellets from other countries, which could prove problematic, as the situation for many other countries is “similar” to France in that there is increased consumer interest in purchasing wood pellets, according to Vial. 

The sector hopes to double its production capacity by 2028, and to distribute an additional one million tonnes between 2021 and 2024. 

On September 22nd, TotalEnergies inaugurated a new pellet bagging and bulk centre.

The plant, which was set up in partnership with the organisation Sea Invest, is intended to boost supplies by increasing the site’s processing capacity from 25,000 metric tons to 50,000 metric tons within three years. Pellets produced will be distributed in a 200 km area around Rouen.

What about firewood?

Consumers have also found themselves paying more for firewood due to a rise in demand – prices have gone up 20 percent since June, according to BFMTV.

When asked about the rising price of wood, the prime minister said that her administration would “look carefully at why wood has a high cost” adding that she believes it “can be produced on our territory.”

“We have forests in France so it will also be interesting to look at whether some people are not taking advantage of the crisis to increase prices,” said Prime Minister Elisabeth Borne.

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