Roche & Cie

French tax residency : the 183 days rule

18 Jan 2021

There is a lot of divergent information circulating on the criteria for tax domicile in France. 

The criterion of 6 months (183 days) minimum presence in France is often misused. Under French law, you are tax domiciled in France if your household is in France. 

According to the French tax authorities, an individual’s home is his or her habitual and permanent place of residence. They will examine first and foremost the center of family interests. In other words, if your spouse or civil union partner and children are or remain in France, even if you have to stay in another country temporarily or for most of the year due to professional needs, the tax authorities will consider that your tax home is located in France. 

How is your residence determined?

If you are unable to determine a household, the tax domicile is defined by your main place of residence. This is the place where the person has stayed the longest. Thus, if a person has stayed in France for more than 183 days during the same year, he or she automatically has his or her tax domicile in France. 

Moreover, if the duration of the stay in France, even if it is less than 183 days, is longer than the duration of the stay abroad, the tax authorities will consider that the criterion of tax domicile is met. 

French tax residency In the absence of being able to determine a home or main place of residence in France, the tax authorities examine the professional criteria. It will consider that you are domiciled in France for tax purposes if you carry out a professional activity in France, whether salaried or not, unless it is incidental; 

Otherwise, if you have the center of your economic interests in France (your main investments, the headquarters of your business, the center of your professional activities, or the place from which you derive most of your income), the French tax authorities will consider you to be a French tax resident. 

In other words, you are a French tax resident if you meet any of these criteria: 

  • your home is in France 
  • your main place of stay is in France 
  • you have a non-ancillary professional activity in France 
  • the center of your economic interests is in France 

NB : You can be considered a tax resident of several countries at the same time. In the case of multiple tax residences, the application of possible international tax treaties will allow the avoidance of double taxation.

For further information regarding the determination of your tax residence, contact our teams.

sandy-dalmas-expert-comptable-lyonSandy Dalmas
Expert-Comptable – Chartered-Accountant

Sandy has more than 10 years of experience at  Roche & Cie.
Specialist of Non-residents’ taxation, real estate and related activities.

Cabinet Roche & Cie, Chartered Accountants in France
Specialist in Real-Estate and non-residents’ taxation