Form France Individual - practical experiences

Try calling first thing in the morning as soon as the lines open.

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Just reporting back! Took a while getting past the poor lassie who took the call but when I finally got to a “technician” they made complete sense, told me to ignore the letter and fill in the FFI for this source of income. I’m not thrilled of course since getting one of those certified by our local tax office is by no means easy, but it is at least consistent with my previous experience.

Good luck. Let us know how you get on with your local tax office.
I couldn’t face mine and just reinvested my personal pension.

I’d been doing that for years and then decided it was about time to take it - but it wouldn’t give me an annuity as it did originally before “they” sold it on and I couldn’t transfer it anywhere else because I was not UK resident, so I was stu**ed…

I’ll let you know how it goes :smiley:

I just called in at the St Lo tax office (I was going to ths prĂŠfecture anyway to puck up the new CdS) without a rdv, was seen within 5 minutes and came away with a nice stamp and signature on the FFI

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That’s worth knowing, @Mark . I always found the St Lo tax office to be absolutely brilliant but was told I had to deal with the (unutterably useless) Avranches one now. They’re the ones the direct messages end up with.

Since I have a stupid tendency to do what I’ve been told, I haven’t been back to St Lo but after your experience I definitely will! They are sooo helpful…

My TF bill got sent from Avranches to my old address in the Creuse this year. Not been to see them yet, but I sent a message😡

Angela, of course you should be thrilled at the wonderful tax treatment the French Republic gives to our pension pots which the UK have donated 20% (or 40% or 45% if you were a higher rate taxpayer) and the Republic are happy to tax at a mere rate of 6.75%

France, a tax haven? Jamais!

Totally understand of course you are referring to the paperasse as your turnoff but that’s the price :slight_smile:

Yep, I’ll log in again in a year… :slight_smile:

Glad you got the right answer in the end from HMRC.

Hopefully to help anyone going forward, I can’t offhand think of any common scenario whereby a French resident in receipt of any (non government type) UK pension, wanting either a tax refund and/or NT code, wouldn’t need an FFI.

The technical reason is that the FFI is the formal tax treaty claim to exempt the UK sourced pension from UK tax. The unhelpful earlier response from HMRC rejecting your original claim could have helpfully pointed out the appropriate route (ie an FFI) to obtain a refund in an international context…

Do keep us in the loop about any success or otherwise with the various Impôts at St Lo/Avranches…and good luck!!

Hi @George1 I’ve recently had a client come back to me that is doing a full withdrawal.

HMRC have said that they can’t issue the NT code as they haven’t made any withdrawals.

Worryingly they said just take a small amount out and then send the form in and they will have a tax code for the pension and they can update it.

Massive problem being here that of course that would mean it would be outside the scope for the low tax rate in France as the whole pension isn’t paid as one lump sum.

Still waiting to hear back on the progress of this… but are you aware of not being able to issue an NT if the pension isn’t in payment?

It’s the crux of the problem Dave - always emergency tax applied! Then HMRC allocates a tax code. And won’t refund until the DTT form received (and processed). Your client can though possibly at least send in the form before the withdrawal - my Impot stamped my form with just the name of the pension provider and plan numbers filled in.

But did you see Karen Lot’s post and my response in the other thread?

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Sorry for butting in and I’m sure George will reply but don’t you have to withdraw the full amount first, then HMRC levies the emergency tax, then you get your local French tax office to stamp the form, you send it to HMRC and they refund the emergency tax?
I didn’t realise you could ask HMRC to apply a NT code in advance, ie before you’ve cashed in the pension.

Just noticed Larkswood pipped me to the post!

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Hi Dave. I can only wish that HMRC would do ‘advance clearances’ for many types of transactions involving individuals. I suspect their unwillingness to do so is partly a lack of trust in taxpayers, a lack of prioritisation of the issue, and probably insufficient staffing resources to manage a pipeline of approvals.

In particular they will not (to the best of my knowledge) anticipate future pensions withdrawal(s) by issuing an advance NT code. They want to see the full residence details and the proof of tax being withheld, then (in the absence of being chased) no doubt put the FFI in in a long backlog queue, eventually study it, and only then, in their munificence, generously release the refund.

I agree with larkswood12 that you could send in an FFI in advance but I’m not sure it would accelerate the process materially, until there has been an actual withdrawal, by which time of course, as he and Helenochka have said, it’s too late. Emergency tax has been withheld. Frustratingly, NT codes just don’t work for taxpayers with 100% lump sums.

Does your client have the financial resources to bear the consequences of following the simplest, most effective step of all? Take the entire lump sum to benefit from the 6.75% French tax treatment, suffer the emergency tax in the UK, follow the steps set out in the guidance at the top of this thread, and with a fair wind, will have the refund from the UK within about 2-3 months. It is purely cash flow, hence the question about the client’s resources (you don’t have to answer!).

The tax refund return is 100% of course, and the French 6.75% tax presumably won’t be due for many months, ie long after any UK refund received. Of course HMRC may subject a particularly large refund to enhanced scrutiny but that would happen anyway. HMRC told me that refunds of up to £250,000 (!) are not normally subject to enhanced checks.

Hope this helps. Also hope to catch up with you at the SF Northerners gathering next month!

Dave, an afterthought… Larkswood12 has referred to the parallel thread discussion (“UK pension problem…”) on this issue. In particular we have discussed there whether there is any benefit in approaching the Impôts for an advance ruling (a ‘rescrit’) on taking a nominal pensions withdrawal to trigger a PAYE emergency code, followed by a full withdrawal once an NT or normal code is issued and if that prejudices the French 6.75% treatment.

While there is no harm or cost in so doing, the more I think about it, the less likely it seems the Impots would agree. You may recall seeing my detailed report a while back when I made a rescrit asking about taking two lump sums from a UK plan, one in France as resident, one in the UK prior to becoming resident in France.

To cut a long story short, the Impôts would only really accept this if the first withdrawal was (paraphrasing - they don’t use these words) a “hardship” withdrawal eg (from memory) following events like bankruptcy, divorce, death of spouse etc. Enabling soon to be wealthy UK pensioners to benefit from a few months of cash flow, with absolutely no loss of tax overall is probably not what the framers of legislation had in mind with the concept of hardship!

In that case would you not just split the pot into 2 pots? 1 to be taken in UK the other after residence changes to France

That’s exactly the process I’m in the middle of!

The extra thing you have to watch, which won’t apply to the situation @Dave_Lawson is describing, is that HMRC have a nasty tendency to reset the pensions you already have an NT against when a new pension withdrawal happens. In that case, you can make sure that it’s set back to NT for the original pensions by ringing up - they’ll do that while you are on the phone.

For the single or first new pension withdrawal you have to put up with them swiping a sizeable amount of emegency tax (in my case calculated by taking my other pensions into account as well) and then using the FFI to get the money back…eventually…

I’m sure you’ll get there in the end Angela.

I’ve no idea how the Strasbourg office would react to being asked to stamp the form because I wimped out of asking them.

That’s part of the reason this is all taking so long…I get so stressed over this kind of thing :roll_eyes:

Me too. This is why I want to marry George.

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I think there may be a queue…

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