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International taxation · France / United States corridor
France–US taxation: the French side of your France / United States situation
A recognised international tax firm, Bensaid Avocats advises individuals, executives and high-net-worth families on the French tax side of their situations between France and the United States. France taxes on the basis of residence, the United States on the basis of citizenship: without coordination, the risk is twofold: double taxation on one side, heavy reporting penalties on the other. The firm handles the French side, in coordination with your US adviser (CPA or attorney). Offices in Paris and Geneva.
Strictly confidential exchange · Reply within 24 business hours · Fees quoted before any work begins
01
Two tax systems, two opposing logics
France, taxation on a residence basis: a French tax resident is taxable on worldwide income (French Tax Code, art. 4 A and 4 B). United States, taxation on a citizenship basis: a US citizen or green card holder remains taxable in the United States wherever they live, and files a federal return there every year.
The friction point: a US person residing in France falls under both systems at once. The treaty and foreign tax credits prevent double taxation, but they never apply automatically.
02
US person and French reporting obligations
A US person is notably: a US citizen (including dual nationals, including those born in the United States and who left as children), a green card holder even with an expired card as long as it has not been formally abandoned, and a person meeting the substantial presence test in the United States.
The firm acts on the French side, working with your US adviser:
- reporting of accounts held abroad (forms 3916 / 3916 bis, French Tax Code art. 1649 A);
- reporting of life-insurance policies taken out outside France;
- where applicable, reporting of trusts (French Tax Code art. 1649 AB).
Under the FATCA agreement, French banks automatically report US persons’ accounts to the US authorities. Coming into compliance is a priority, not an option.
03
French–US trusts: the most sensitive ground
The trust, common in the United States, has no equivalent in French civil law and triggers a specific and severe French regime: reporting obligations of the trustee (French Tax Code art. 1649 AB), transfer taxation (art. 792-0 bis) and an annual sui generis levy (art. 990 J), with possible inclusion in the real-estate wealth tax (IFI) base. The firm maps the trust, identifies the settlor and beneficiaries, and secures the French treatment before any relocation or distribution.
04
Double taxation: what the treaty settles
The France / United States tax treaty of 31 August 1994 (as amended) allocates taxing rights by category of income and eliminates double taxation through a tax credit. Sensitive points on the French side: withholding tax on dividends, capital gains on securities, income from real estate located in the other State, and the interaction of French social levies (CSG, CRDS) with the US tax credit.
05
Mobility: arriving in France or leaving for the United States
- Arriving in France: inbound expatriate regime (French Tax Code art. 155 B), structuring of US assets, treatment of equity plans (RSUs, stock options).
- Leaving for the United States: French exit tax on unrealised capital gains (art. 167 bis) and advance planning of the departure on the French side.
- Renouncing citizenship or the green card: the French side handled in coordination with your US adviser (the covered-expatriate regime is dealt with in the United States).
06
Why Bensaid Avocats
Paris & Geneva
Two locations, a cross-border view of wealth, and long experience of multi-jurisdiction situations.
International coordination
The firm handles the French side and liaises with your US CPA or attorney, for a coherent strategy.
Discretion and rigour
Absolute confidentiality, a dedicated contact, fees quoted before any work begins.
Frequently asked questions
Your questions on France–US taxation
Can you handle all of my US taxes?
The firm acts on the French tax side of your France / United States situation and coordinates with your US adviser (CPA or attorney) for the US side.
I am French and hold a US account: must I report it in France?
Yes. Any account held outside France must be reported with your income tax return, regardless of any income generated. Failure to do so is penalised.
I hold a green card but live in France: what are the French consequences?
You are a French tax resident taxable on worldwide income, while remaining a US person on the US side. The two sides must be coordinated under the treaty.
Does the tax treaty automatically protect me from double taxation?
No. It applies only upon a claim being made, and under rules specific to each type of income.
I inherited a US trust and I am moving to France: what should I do?
The trust must be reported in France and its French tax treatment secured before your relocation.
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A France / United States situation to secure?
An initial consultation in absolute confidentiality. The firm maps your exposure on both sides and gives you a clear action plan, in coordination with your US adviser.
Written by
Me François Ouairy, avocat associé en charge du bureau de Paris, expert en fiscalité immobilière, fiducie et fiscalité financière.
This page presents the French side of your situation. US reporting obligations fall to an adviser qualified in the United States (CPA or attorney), with whom the firm coordinates. Legal references being validated.