Im currently filling out french tax returns and form 3916.
In regards to foreign bank accounts. Do you declare business accounts? As in limited companies where you are a director of that company, so have access to the accounts. But it’s not an account under your name, its under the name of the limited company which you’re a director.
Hi @mhadley1984 welcome to SF
To be on the safe side, yes - absolutely. There are places on the 3916 (online version or paper) to facilitate advising the structure of the account, society etc.
My guide here explains the completion process of this form.
You fill out one form for each account.
I would say “un person phtsique agissant en qualitie d’exploitation d’une activitie” translated to mean “a natural person acting as the operator of an activity”
Are you filing on paper or online?
Modalités de détention du compte bancaire ouvert, détenu, utilisé ou clos à l’étranger : (cochez la case utile)
Un des membres de votre foyer fiscal est :
Titulaire en propre du compte bancaire à l’étranger
Bénéficiaire d’une procuration sur le compte bancaire à l’étranger
Dans le cas d’une procuration : renseignements concernant le titulaire du compte bancaire
(cochez la case utile)
le titulaire est une personne physique
le titulaire est une personne morale
Yes, basic company law, here, the U.K. and wherever else would suggest so. I can’t, as a company director, just go strip all the cash from the accounts if I fancy as it would be against my fiduciary duty as a director, it’s not my money it’s the company’s, and I get no benefit from it outside of dividends that I would of course declare, so it never made sense to declare them. But this is pure uneducated opinion so don’t think I have anymore information than you
@graham is the impots whizz so definitely consider his thoughts more valuable than mine, I’m just a fool stumbling blindly behind a keyboard!
exactly. thats why i never bothered declaring them. however i thought i would ask what other people did.
i’ve nothing against declaring them personally. i just want to make sure i do it right so dont get a big fine.
I found nothing online answering this question despite a range of varying google searches.
ah but @kirsteastevenson if you have access to the account and this is a anti-money laundering exercise essentially, and the account is based in the UK, I would take the more cautious approach and declare it. If the Fisc aren’t interested, then so be it but at least you have attempted to comply which is the safer route, yes?
well, either really… physique is a “natural person” and morale is a"legal person". The least worst case perhaps is the first in that case as it goes on to refer to “aggisant en qualitie d’ecploitant d’un activitie donnant lieu a declaration” translated to “acting as an operator of an activity giving rise to a declaration” which seems more appropriate in my view.
My reading on that is the ltd being a third party is enforced via the UK - there’s anti money laundering controls everywhere. What a UK company does is none of imports concern being blunt.
But that’s how I chose to interpret it - they have all my personal accounts so if I’m on the fiddle they can check - if my companies on the fiddle HMRC would be the authority.
But it doesn’t fit a neat French box so we make our choices