All French tax residents must report annually their foreign bank accounts, Luxembourg life-insurance policies and digital-asset accounts (French Tax Code art. 1649 A). Penalties: €1,500 per undeclared account, €10,000 for countries without a treaty, a surcharge of up to 80% in the event of fraud, and a reassessment period extended to 10 years (Tax Procedure Code art. L.169 para. 5). The automatic CRS exchange since 2017 makes the detection of undeclared accounts unavoidable.
Every French tax resident must report annually all foreign bank accounts opened, held, used or closed during the year — including accounts in which they are an indirect beneficial owner through a company or a structure (French Tax Code art. 1649 A).
Three forms to know: 3916 (bank accounts), 3916-bis (foreign life insurance and digital assets since 2019), to be filed with the annual income tax return no. 2042. One report per account / policy / wallet — with no aggregation ceiling.
Financial penalties: €1,500 per undeclared account (€10,000 for countries without a treaty), a fraud surcharge of up to 80%, and above all a reassessment period extended to 10 years (Tax Procedure Code art. L.169 para. 5). With the automatic CRS exchange (100+ jurisdictions), detection has become unavoidable.
Every French tax resident — regardless of nationality.
Three separate forms depending on the nature of the asset held abroad.
Cumulative: administrative fine + evaded tax + late-payment interest + fraud surcharge.
OECD Common Reporting Standard — France has received the data automatically since 2017.
Before an audit, voluntary disclosure divides the final cost by 4 to 10.
The voluntary disclosure of an undeclared foreign account remains possible at any time, as long as no tax audit has been initiated. The final cost is significantly reduced compared with an imposed audit: the surcharge is brought down from 80% to 40% where good faith is documented.
A letter addressed to the taxpayer's Business or Individuals Tax Office, setting out the factual situation, the origin of the funds (inheritance, expatriation, past salaries), and the request for regularisation. This step establishes good faith before any administrative follow-up.
Filing of the missing 3916 forms + corrective 2042 income tax returns for the years not time-barred (10 years in the event of failure to report a foreign account, Tax Procedure Code art. L.169 para. 5). Recalculation of the tax due on the account's income (interest, capital gains, dividends).
Payment of the tax due + late-payment interest (0.20%/month). Negotiation of the surcharge: brought down to 40% instead of 80% for taxpayers documenting their good faith, and even to 0% in certain exceptional cases (undeclared inheritance out of genuine ignorance, etc.).
Luxembourg account of €280K (inheritance + undeclared interest over 10 years). Imposed audit: 10 years of income tax reassessment + 80% surcharge + €1,500 × 10 years = ~€150K. Voluntary disclosure: tax due + 40% surcharge + reduced fine = ~€38K. Saving: ~€112K.
Maître Jonathan Bensaid, founding partner of the firm, member of the Paris & Geneva Bars, advises taxpayers on the voluntary disclosure of foreign accounts (Switzerland, Luxembourg, UK, US): historical audit, documentary reconstruction, letter to the tax office, negotiation of the surcharge, post-disclosure security.
Yes. The obligation under article 1649 A of the French Tax Code covers all accounts opened, held, used or closed during the year — with no balance threshold and no activity requirement. An account with a €1 balance, or an account closed during the year, must be reported via form 3916.
Form 3916 covers ordinary bank accounts (current accounts, savings accounts, securities accounts). Form 3916-bis (introduced in 2014) covers foreign life-insurance policies, and since 2019 digital-asset accounts (crypto, wallets on foreign platforms). A separate report is required per account / policy / wallet.
10 years instead of the 3-year ordinary period (Tax Procedure Code art. L.169 para. 5). The authorities may therefore reach back over the 10 non-time-barred years, which can represent considerable sums if the account generates undeclared income (interest, capital gains, dividends). The period runs from 31 December of the year concerned.
Yes, at any time as long as no audit notice has been received. The corrective-returns processing service (STDR), which operated from 2013 to 2017, no longer exists, but disclosure remains possible with the competent tax office. It remains strongly recommended given the automatic CRS exchange, which makes detection unavoidable.
Yes — the fine is €1,500/year/account for countries that have signed an assistance treaty with France (Switzerland, Luxembourg, UK, etc.). The fine rises to €10,000/year/account only for countries without a treaty. Switzerland and Luxembourg participate in the CRS and therefore exchange data automatically — detection is almost systematic today.
Related resources on voluntary disclosures, expatriation and international taxation.
Residence criteria, specific tax scale, bilateral treaties.
Voir la page Related articleAutomatic reporting of crypto accounts from 1 January 2026.
Voir la page Area of expertiseFull process, negotiation of surcharges, post-disclosure security.
Voir la page Lead counselPartner in charge of voluntary-disclosure and foreign-account matters.
Voir la pageA confidential initial consultation. Historical audit, documentary reconstruction, letter to the tax office, negotiation of the surcharge, full support through to payment.
© BENSAID Avocats — The information published on this site does not constitute legal advice. Sources: French Tax Code art. 1649 A (reporting obligation), 1736 IV (penalties per account), 1729 (fraud surcharge); Tax Procedure Code art. L.169 para. 5 (10-year reassessment period); forms 3916, 3916-bis; OECD Common Reporting Standard (since 2017); directives DAC2, DAC6, DAC8 (crypto). Editorial update: 9 April 2026.
